8.1. SR 09-16-2019 Eclty1� ,.,�� Request for Action
River
To Item Number
Mayor and Council Members 8.1
Agenda Section Meeting Date Prepared by
General Business 7September 16, 2019 Suzanne M. Fischer, CD Director
Item Description Reviewed by
Rental License Revocation Mark Dickinson, Fire Chief
Reviewed by
Cal Portner, City Administrator
Action Requested
Provide direction to staff on whether to proceed with revocation of a rental dwelling license at 1772
Tipton Circle NW,Elk River MN.
Background/Discussion
On May 22, 2019, code compliance conducted a site inspection in response to a complaint of conditions at
the above address. The complaint cited the accumulation of trash bags,rubbish, tires,parts of an old dock,
vehicles parked on unapproved surfaces, etc.
Staff worked with the tenant over the next three months to resolve the code violations. Although not
perfect, the property condition had improved since the initial visit. The fire prevention specialist inspected
the home and confirmed it had the appropriate smoke and carbon monoxide detectors.
On August 31, 2019, a rental dwelling license was issued to Pat Rasmusson, owner of the property. Her son,
Kenton Rasmusson,is the tenant. There are continued concerns expressed regarding the parcel condition in
addition to noting a high level of traffic to and from the home.
Per city code section 30-199 License suspension,revocation, denial and non-renewal. The City Council shall
issue a decision to revoke, suspend, deny or not renew a rental dwelling license only upon written
findings.
Staff seeks direction on whether to proceed with revocation of the rental dwelling license. This process
requires a public hearing with written notice to the owner and tenant(s), a minimum of ten (10) days prior to
the hearing
Financial Impact
N/A
Attachments
■ Rental Dwelling Permit
■ Code Compliance inspection list
■ Article III Sections 30-198 & 199
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAWRE1
City of Elk River
Rental Dwelling Licensing Division
13065 Orono Parkway
Elk River, MN 55330
Office: 763.635.1075
Rentals(&ElkRiverMN.gov
www.ElkRiverMN.rov/Fire
Rental Dwelling License
Phoenix ID Number: 2241
PID #: 75-535-0115
Dwelling Address: 1772 Tipton Cir NW
Elk River, MN 55330
Property Owner(s): Pat Rasmusson
1797 Tipton Cir NW
Elk River, MN 55330
Agent/Manager(s):
Effective Date: 08/31/2019
Expiration Date: 08/31/2020
This Rental Dwelling License has been issued in accordance with the City of Elk River Code of Ordinances, Chapter 30, Article
Ili, Divisions 1-3. Per 130-198, this license "...shall be conspicuously displayed on the rental premises wherever feasible. The
licensee shall promptly produce the license upon demand of a prospective tenant or the fire chief or
his authorized representative. Any transfer in ownership�shan be reported to the city within 30
(thirty) days
Ma or City Clerk
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Fire Chief/Director of Emergency
Every effort has been made to emwe this irdormation is accurate and up-to-date; however the City of Elk River will not assume any legal
MMity or responsibility for any errors. inaccuracies, omissions. complenmess, or untimeliness of the information contained herein.
..... ..... .... .-..,...... ....-
File Details Report: 19-000002
61A� 2
Sep 11, 2019
Case Information:
Case #: 19-000002
Address:
1772 TIPTON CIR
ELK RIVE MN 55330
Property Owner:RASMUSSON, GARY & PATRICIA
Parcel Number: 75-535-0115
Sub -Division:
Status: Open
Disposition:
Neighborhood:
Approximate Location: around and behind the garage.
Priority:
Type:
Open Date: May 22, 2019
Close Date:
How Received:
Responsible User: Zack Carlton
Description: Re -Inspection for items located on grass and parking on unapproved surfaces. Stacks of used tires
Legal Description:
Categories:
Citizens:
Name
Activities:
Home Address
Home Phone Business Association
Phone
Date
Activity Assigned To/By
Due
Complete
Approval
not be stored beneath a tarp.
46-34 (a) (4)
Jun 25, 2019 Aug 14, 2019 Closed
Status
08/14/2019
Re -Inspection Dave Hetrick, Zack
08/14/2019
08/14/2019
Pass
Carlton
Comments:
re -inspect the property for code compliance
07/22/2019
Re -Inspection Dave Hetrick, Zack
07/22/2019
07/22/2019
Fail
Carlton
Comments:
Tires are gone but refuse in garage area is still there
05/22/2019
Inspection Dave Hetrick, Zack
05/23/2019
07/08/2019
Fail
Carlton
Comments:
07/02/2019 Inspection Dave Hetrick, Zack 07/03/2019 07/03/2019 Fail
Carlton
Comments: Still refuse and stack of tires
06/13/2019 Inspection Dave Hetrick, Zack 06/13/2019 06/25/2019 Fail
Carlton
Comments: inspected the property for status of debris and junk on property. Tires and other materials still
present.
Violations:
Violation CodeOpen Date Closed Date Status Violation Disposition
46-32(5)
Jun 25, 2019 Aug 14, 2019 Closed
Comments:
Trash, bags, rubbish, and tires must be removed from the property or stored properly. Materials may
not be stored beneath a tarp.
46-34 (a) (4)
Jun 25, 2019 Aug 14, 2019 Closed
Comments:
Trash and debris scattered on property must be cleaned -up and kept in a neat and orderly manner
Documents:
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ARTICLE III
Sec. 30-198. - Inspections of rental dwellings—Generally.
(a) New licenses. Upon receipt of a properly executed new application for a rental dwelling license and
receipt of the appropriate fee,the fire chief shall conduct an initial inspection of the premises to
assure compliance with the city Code.
(b) License renewal. Any rental dwelling may be re-inspected after a renewal application is filed to
determine compliance. The fire chief,at his/her discretion,may determine that a renewal inspection of
a premises may be deferred based on results of previous inspections, in conjunction with criteria and
processes as established by the fire chief and approved by the city administrator. Previous inspections
must indicate the premises:
(1) Has not received notice of city Code violations for property maintenance;
(2)Meets or exceeds rental compliance criteria;and
(3)Has not required corrections for major life/safety issues.
(c)Additional inspections. The city may inspect any rental dwelling if it falls within one or more of the
following criteria:
(1) The rental dwelling has been abandoned by the owner or the owner cannot be found.
(2) Water, gas, or electric services to such rental dwelling has been discontinued as a result of
nonpayment for more than 30 continuous days.
(3) The rental dwelling is on a parcel of land that is on the county's delinquent tax list.
(4) The city has probable cause to believe that there exists within such rental dwelling one or
more violations of the requirements of this article.
(5) The owner has, within the preceding six months,renewed a rental dwelling license after
suspension or revocation.
ofthe
(7) A tenant or neighboring property owner files a formal complaint with the city relative to the
condition of the rental dwelling or premises.
(d)Access for inspections.
(1) The fire chief shall be authorized to make or cause to be made inspections to determine the
condition of rental dwellings and premises in order to safeguard the health, safety, morals, and welfare of
the public.
(2)
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(3)
(e)Refusal of access for inspection. If the owner, operator,person in charge, or tenant shall refuse to
consent to the inspection, an administrative search warrant may be obtained:
(1)Where there is probable cause to believe a violation exists within the particular structure; or
(2)Where a determination has been made to conduct periodic inspections of certain areas of the
city to assure ongoing compliance with this article relative to major life/safety issues.
(f)Emergency conditions.No administrative search warrant is needed where an emergency condition
exists which endangers persons or property and insufficient time is available to obtain the warrant and
protect such endangered persons or property.
(g)Subject to tenant's right to privacy. Entry under this section is subject to Minn. Stats. § 50413.211
(Residential Tenant's Right to Privacy) as amended.
(h) Costs of obtaining warrant. If the city finds it necessary to obtain an administrative search warrant to
enter the property for inspection due to the owner, operator,person in charge, or tenant's lack of
cooperation, said person or persons may also be charged with all costs of obtaining the warrant, including
court costs and attorney's fees.
Sec. 30-199. - License suspension, revocation, denial and non-renewal.
(a) Process for consideration of license suspension, revocation, denial or non-renewal.
(2) The city council shall give due regard to the frequency and seriousness of the violations,the ease
with which such violations could have been cured or avoided and good faith efforts to comply.
(3) The city council shall issue a decision to revoke, suspend, deny or not renew a rental dwelling
license only upon written findings.
(4) Upon a decision to revoke, suspend, deny or not renew a license,no new application for the same
facility will be accepted for a period of time specified in the city council's written decision,not
exceeding one year. Such new applications shall be accompanied by a reinstatement fee as
required by this article.
(5) The city council may suspend,revoke, deny or not renew a license for part or all of a facility.
(6) A written decision to revoke, suspend, deny or not renew a rental dwelling license or application
for part of a facility shall specify the part or parts of the facility to which it applies. Thereafter, and
until a rental dwelling license is reissued or reinstated, no rental dwellings becoming vacant in
such part or parts of the facility may be re-let or occupied.
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a. Revocation, suspension, denial or non-renewal of a rental dwelling license shall not
excuse the owner from compliance with all terms of this article for as long as any units in
the facility are occupied.
b. Failure to comply with all terms of this article during the term of revocation, suspension,
denial or non-renewal is a misdemeanor and grounds for extension of the term of such
revocation or suspension or continuation of non-renewal, or for a decision not to reinstate
the license,notwithstanding any limitations on the period of suspension,revocation,
denial or non-renewal specified in the city council's written decision.
(b). Suspension.
(1) The city council may suspend a rental dwelling license under the following circumstances:
a.Failure to correct deficiencies noted in notices of violation within the time specified in the
notice.
b. Failure to pay any rental dwelling license, inspection or reinstatement fee required by this
article.
c. Any other violation of the building code or the property maintenance,zoning, environmental or
utility chapters of the city code.
d. Any specific provisions of the city ordinances that include suspension as a remedy (i.e. nuisance
calls, etc.).
(2)Additional standards related to suspension of a rental dwelling license:
a. A reinstatement fee as established by the city council shall be paid prior to reinstatement of a
rental dwelling license that has been suspended.
b. In addition to the reinstatement fee,the city may issue a citation for the applicable violations.
c. While under suspension,the owner cannot lease the affected unit and/or facility to a new tenant.
d. The suspension shall be for a period of up to six months unless otherwise regulated by this
article.
(c)Revocation.
(1) The city council may revoke a rental dwelling license under the following circumstances:
a.When an owner has not complied with reinstatement criteria.
b.When it is found that an owner has given false statements on any application or other
information or report required by this article to be given by the applicant or owner.
c.
d.When the owner or agent has been convicted of a crime related to the type of business licensed
and failure to show,by competent evidence,rehabilitation and present fitness to perform the duties
of the business.
e. Operating or allowing the rental property to be used in such a manner as to constitute a breach
of the peace,a menace to health, safety, and welfare of the public or a disturbance of the peace or
comfort of the residents of the city, upon recommendation by the police chief.
f. Failure to schedule and/or allow rental or building inspections of the licensed premises, for the
purpose of ensuring compliance with rental dwelling license requirements, city code requirements,
state building codes, or other applicable state or federal law.
g. Real estate or personal property taxes on the business have become delinquent and the owner
and the applicant are the same person or entity, or have any common ownership where they are a
different person or entity.
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i. Any specific provisions of the city ordinances that include revocation as a remedy (i.e. nuisance
calls, etc.).
J. Other good cause as determined by the city council.
(2)Additional standards related to revocation of a rental dwelling license:
a. A reinstatement fee as established by the city council shall be paid prior to reinstatement of a
rental dwelling license that has been revoked.
b. In addition to the reinstatement fee,the city may issue a citation for the applicable violations.
c. While under revocation,the owner cannot extend the lease of an existing tenant and cannot
lease the affected unit to a new tenant.
d. The revocation shall be for a period of up to one year.