Rental License Revocation Resolution No

Transcription

1 July 20, 2015 DATE REQUEST FOR COUNCIL ACTION 3Q AGENDA ITEM ORIGINATING DEPT. AGENDA ITEM CITY ADMINISTRATOR APPROVAL Community Development Horatius Williams 1lE Rental License Revocation Resolution No PREVIOUS ACTIONS: At a hearing held on Tuesday, June 30, 2015, the City Council approved a motion directing staff to prepare appropriate findings of fact, conclusions and decision affirming the revocation of the rental license ofhoratius Williams. RECOMMENDED COUNCIL ACTION: Motion to adopt Resolution No approving the findings of fact, conclusion, and decision affirming the revocation by City staff of the rental license of Horatius Williams, License No COMMENTS: Mr. Horatius Williams ("Williams"), 2233 Hamline Ave., N., Suite B-9, Roseville, MN 55113, held a Rental- Single Family housing license, License No , to operate his property at 7698 Orchid La N, Maple Grove, MN 55311, ("Property") as a rental unit. The License was issued on July 11, 2014, and would expire on December 31, City Staff sent Williams a revocation notice on June 8,2015. Williams appealed the revocation and requested a hearing by the City Council. On June 30, 2015, a hearing was held by the City Council. Based upon the evidence and testimony presented, the City Council directed staff to prepare appropriate findings of fact, conclusion, and decision to affirm the revocation of the rental license of Horatius Williams. g:\caf\20 15\horatius williams license revocation docx.

2 RESOLUTION NO CITY OF MAPLE GROVE A RESOLUTION MAKING FINDINGS, CONCLUSION, AND DECISION REGARDING RENTAL LICENSE REVOCATION OF MR. HORA TIUS WILLIAMS, 7698 ORCHID LANE N, MAPLE GROVE, MN BE IT RESOLVED, by the City Council of the City of Maple Grove, Minnesota, as follows: WHEREAS, Mr. Horatius Williams ("Williams") is the holder of a rental license, for a single family residence at 7698 Orchid Lane North, Maple Grove, MN ("Property"); and WHEREAS, City Code Chapter 10, Article XI, governs the operation of properties as rental units ("Rental Code"); and WHEREAS, City staff determined that Williams was operating the Property in violation of the Rental Code; and WHEREAS, Community Development Director Dick Edwards ("Edwards") revoked the rental license on June 8, 2015, and the City personally served Williams with the notice of license revocation; and WHEREAS, Williams timely exercised his right to appeal the revocation under City Code Sections (c) and ; and WHEREAS, pursuant to City Code Section , a hearing was held by the City Council on June 30, 2015, at which time testimony and exhibits were received. NOW, THEREFORE, based upon the evidence presented at the hearing and in consideration of the same, the City Council of the City of Maple Grove makes the following: FINDINGS 1. On January 8, 2014, Mr. Horatius Williams applied for a rental license to operate the single family residence at 7698 Orchid Lane North, Maple Grove, MN 55311, as a rental unit. 2. At the time of his application, Williams provided as the "Property Owner's Address" the address of 2233 Hamline Ave. N., Ste B-9, Roseville, MN ("Hamline address").

3 3. The second page of the Rental Dwelling License Application ("Application") includes a section titled, "Important Information." Under that heading, it provides, in relevant part, "All Property Owners must conduct a criminal background check and a criminal and civil courts records check on all prospective tenants and maintain a current register of tenants. This information must be available for review by the city upon request. (Sec. lo-358(c)." 4. The Application contains an acknowledgment, signed by Williams, that the Application "has been read and that the information provided on this application is accurate" and that the undersigned, "agrees to comply with all the ordinances and laws of the City of Maple Grove rental dwelling code." 5. The City issued Williams his license for a "Rental-Single Family", License No , on July 11, On June 8, 2015, Community Development Director Dick Edwards notified Williams by letter that his rental license for the Property was being revoked effective immediately. The notice was served on Williams at his residence at 2021 Edgerton Street, Apt. 320, Maplewood, MN ("Edgerton address"). 7. The notice letter outlined five reasons for the revocation: a. The rental unit contains conditions that might injure or endanger the safety, health, or welfare of any member of the public, b. Failure to correct violations of Maple Grove City Code Chapter 8, article V, Property Maintenance Code (i.e. weeds). c. Failure to maintain a current and complete tenant register as required by Section (c)(4). d. Failure to inform City of change of address as required by section e. Failure to conduct criminal background checks and state-wide civil and criminal court records checks of tenants as required by City Code subsection (c). 8. The notice informed Williams of his right, under City Code , to appeal his license revocation. 9. Williams timely filed his notice of appeal by letter dated June 9, The City provided notice to Williams of this hearing by letter dated June 11, An appeal hearing before the Maple Grove City Council was held on June 30, 2015 at 7:00 p.m. 11. At the hearing before the City Council evidence was presented by the City and by Williams. The Mayor presided at the hearing. 12. The City presented evidence consisting of Exhibits 1-25, which consisted of publicly available documents kept or generated in the course of business of the City, including the Rental Code, the Property Maintenance Code, and Maple Grove Police Incident Reports. 13. The City also presented evidence through the testimony of Community Development Director Dick Edwards, Maple Grove Police Department Crime Prevention Officer Todd Strege, and Zoning Enforcement Officer Jesse Corrow.

4 14. Williams presented evidence consisting of his testimony and that of his tenant Joshua Tilly. 15. City Code (a) provides that city staff may revoke any rental housing license under any of the following circumstances: (1) the rental unit contains conditions that might injure or endanger the safety, health or welfare of any member of the public; (2) Failure to correct violations of Maple Grove City Code Chapter 8, article V, Property Maintenance Code, in the time period specified in the notice of violation and correction; (3) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the license; (4) Any violation of this [City Code Chapter 10, Article XI] article; and (5) Failure to conduct criminal background checks of tenants as required by City Code subsection (c). 16. On January 30, 2015, Sergeant Pete Keller of the Maple Grove Police Department sent Williams a Notice of Criminal Background Check Request by certified mail to the Hamline Address. That letter was returned to sender for insufficient address on March 5, On May 1,2015, Sergeant Dan Wilson of the Maple Grove Police Department sent a second Notice of Criminal Background Check Request to Williams by certified mail to the Edgerton address. The Edgerton address was associated with Williams' driver's license. Williams signed for the Certified Mail return receipt. 18. The May 1, 2015 Notice requested copies of several items for all tenants and prospective tenants, including the following: 1) Criminal History Checks; 2) Criminal Court Record Checks; 3) Current register of tenants and other persons who have a lawful right to occupy the rental unit. 19. On May 20,2015, Williams responded to the Police Department's Notice and request. 20. Williams provided criminal background checks for the following persons: Joshua Tilly; Brenda Eason; Mark Bruhn; Brandon Bruhn; David Roper, and Tarrie Long. 21. The criminal background checks were performed on May 20, City Code (c) requires that the owner or operator of rental property perform criminal background checks on prospective tenants (i.e. prior to a tenancy), not at the time of the City's request. 22. Williams did not provide criminal background checks and civil and criminal court records checks for the following persons: John Blake, Chelsea Knott, Lonny Lee Tollefson, and Jacob Errol West ("Reported Tenants") 23. The Reported Tenants are all identified in Maple Grove Police Departments Incident Reports, dating from within the last year, as being tenants and/or occupants of the Property. 24. Williams was required under City Code to satisfy the criminal background check requirements of (c) with respect to the Reported Tenants. He did not do so.

5 25. For those persons for whom Williams provided information, Williams did not provide a copy of criminal or civil court record checks. City Code (c)(2) provides that a required component of the criminal background check is: "A state-wide (Minnesota) criminal and civil court records check of all prospective tenants covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions." 26. While Williams provided the names of several of the known tenants, Williams did not provide complete information consistent with the requested tenant register. City Code (c)(4) requires: "The owner or operator must maintain a current register of tenants or other persons who have a lawful right to occupancy of a rental unit. The register of tenants must include full name, dates of birth, and the most current phone number available." 27. Furthermore, as indicated by the Police Department's difficulty in requesting records, the Hamline address is Williams' business address not a residential address as required by the Code. The Edgerton address is a residential address, an apartment, at which Williams was found for service of the revocation notice. Williams also signed for the May 1,2015 Notice of Background Check Request at this address. 28. City Code (b) states that a prospective licensee's, "license application must include the residential address and P.O. Box, if applicable, of the owner of the rental unit. The owner must inform the city immediately if he/she changes his/her residential address and/or P.O. Box." 29. Williams was in violation of (b) by failing to provide a residential address to the City for notification purposes and/or failing to provide notice to the City of change in address at which he could actually receive mail. 30. City Code (b )(5) also provides for revocation of a rental license if, "[tjhe rental unit contains conditions that might injure or endanger the safety, health, or welfare of any member of the public.". 31. The property is operated as a boarding house with, at a minimum, six unrelated persons living together within the residence. 32. From July 21,2014 to June 8, 2015, there have been approximately 39 police contacts at the Property. Williams admitted knowledge of some of the contacts but not the majority of the contacts. 33. Maple Grove Police Department Incident Reports ("Incident Report") indicate several disputes between roommates, including concerns of theft and the threat of assault. In an Incident Report dated November 26,2014, Case Number , tenant John Blake reported that tenant Joshua Tilley barricaded the basement door, denying him access to the common living area and kitchen upstairs. 34. The Maple Grove Police Department has in place an automatic notification system for rental property owners/agents. The notification system provides an alert to property owners if there is a police contact at their property. 35. Williams was notified of this service by dated February 11,2015. Williams did not subscribe to this service.

6 36. Since the implementation of the notification service on March 24, 2015, there have been approximately 10 police contacts at the Property. 37. Zoning Enforcement Officer Jesse Corrow testified that he performs rental inspections for the City. The City of Maple Grove has adopted the International Property Maintenance Code 2012 as the Property Maintenance Code under Chapter 8, article V. Corrow utilizes the Code for rental inspections. 38. He testified that from his recollection the Property is a rambler with a walk-out basement. There are three bedrooms upstairs and in the basement there is a bedroom, a living space, a bathroom, and a utility room. 39. Police contacts additionally indicate violations of the Property Maintenance Code. In an Incident Report dated November 12,2014, Case Number , tenant John Blake stated that there were three different couples living in bedrooms without egress windows. Section of the Property Maintenance Code states, "Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court." 40. In an Incident Report dated November 23, 2014, Case Number , tenant John Blake acknowledged that he subleases a room in the basement of the Property, and that tenant David Roper also subleases a room in the basement. 41. Section of the Property Maintenance Code requires privacy, stating, "Dwelling units, hotel units, housekeeping units, rooming units, and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces." 42. Section of the Property Maintenance Code dictates that "Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces." 43. Based upon the Incident Reports and the layout of the property, tenants are living in improper rooms, rooms without egress windows and rooms that do not allow privacy. This situation results in roommate disputes and concerns for each tenant's safety and security. 44. City Code outlines that the purpose of the rental code is to protect the health and safety and welfare of the rental population of the city, which includes the correction and prevention of "rental housing conditions that adversely affect or are likely to adversely affect the life, safety, welfare, and health of the persons occupying rental units within the city." 45. Given that mandate, the history of police contacts at the Property, and the manner in which the Property is rented and supervised, the Property constitutes a danger to the safety and security of its tenants. 46. City Code (7) provides that staff may revoke a rental license for, "Failure to correct violations of Maple Grove City Code Chapter 8, article V, Property Maintenance Code, in the time period specified in the notice of violation and correction." 47. Section of the Property Maintenance Code prohibits the growth of weeds and plants on the premises and exterior of the property in excess of 8 inches.

7 48. On August 14, 2014 by letter Notice , the Weed Inspector provided notice to Williams at his 639 Willow Grove Lane, Vadnais Heights, MN ("Vadnais address"), that the "Backyard Weeds" at the Property were in excess of City Code limitations, and provided him with 10 days to cut the weeds. 49. Because the weeds were not cut within the time frame allowed, the City force mowed the Property. 50. In his letter appealing revocation, Williams confirmed that the Vadnais address as an address belonging to him. 51. The Weed Inspector sent another Notice on May 28, 2015 of "Long Grass; Weeds" on the Property. CONCLUSION Based on the evidence and testimony presented, Williams violated City Code Sections (Property Maintenance Code), (b) and (c) and there are grounds to revoke Williams' rental license for the Property under City Code Sections (a)(5), (7), (9), (10), and (11). DECISION NOW, THEREFORE, BE IT RESOLVED, based upon the foregoing Findings and Conclusion, the City Council does hereby AFFIRM the decision by City Staff to revoke the rental license of Horatius Williams, License No The License is hereby REVOKED. Mr. Williams may not permit occupancy of the property as a rental unit after August 20,2015. Motion to approve Resolution No was made by and seconded by, upon a vote being duly taken thereon, the following voted in favor thereof: and the following were against: and the following were absent:

8 WHEREUPON, the resolution was declared duly passed and adopted the 20th day of July, ST ATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF MAPLE GROVE) I, the undersigned, being the duly qualified and acting Clerk of the City of Maple Grove, Hennepin County, Minnesota, a Minnesota municipal corporation, hereby certify that the above and foregoing Resol ution No is a true and correct copy of the Resolution as adopted by the City Council on the 20th day of July, Alan A. Madsen, City Clerk