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HomeMy WebLinkAboutMN-RHAC-2012-06-20Rental Housing Advisory Commission Wednesday, June 20th, 2012 5:15 2nd Floor Conference Room, City Hall Meeting Minutes Members Present: Larry Beck, Richard Cowan, Rob Flaherty, Monica Moll, Mitch Paine, Ayana Richardson, Nikki Sayward, Patty Sipman Others attending: Russell Maines, Bob Sarachan Proposed changes to Exterior Property Maintenance Ordinance (Bob Sarachan ‐ City Prosecutor) The RHAC members were given a description of problems identified by the Common Council’s Planning & Economic Development Committee and the solutions proposed through changes to the EPMO. The Commission then asked questions and discussed various concerns about the EPMO and its enforcement. Some of the concerns explored include progressive fee structure, encouraging prompt payments by landlords/tenants, late fees for non‐payment, discretionary review by city prosecutor, notification of violations, imposing EPMO violations on security deposits, potential for opportunity to cure, and communication between the city and landlords as well as landlords and tenants. Russ Maines then presented an idea about enhanced communication efforts on EPMO violations. Discussion about note‐taking Nikki Sayward was appointed secretary for the Commission. Next meetings: July 18th, August 15th Item # F3a 178-10 Enforcement. [Amended 12-7-2005 by Ord. No. 05-21] A. Civil penalties. (1) Any property owner and/or agent who violates any provision of this chapter or of § 325-29.3, except those provisions specified in Subsection A (2) below, shall be liable for a civil penalty of $50 $25 for the first violation at a property within a twelve-six-month period, $200 $50 for a second violation at the same property within a twelve-six-month period, and $300 $200 for a third violation at the same property within a six-month period, and $300 for a fourth or subsequent violation at the same property within a twelve-six-month period. (2) Any property owner and/or agent who violates any provision of § 178-3E, G, I or J, or any of the provisions in § 178-3F regarding grass, weeds, brush, plantings, or obstruction of views, shall be liable for a civil penalty of $40 for the first violation at a property within a twelve-month period, $60 for a second violation at the same property within a twelve-month period, and $100 for a third or subsequent violation at the same property within a twelve month period. (3) Each violation of this chapter or of § 325-29.3, and each day during which a violation continues, shall be deemed to be a separate violation. (4) The City Attorney or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to compel compliance with or restrain by injunction any such violation. (5) When the City Attorney obtains a judgment in an action or proceeding under this section either against the property owner or agent, or both, in addition to the appropriate methods for enforcement of judgments established in the Civil Practice Law and Rules, such judgment for penalties may constitute a lien, be a lien on the subject property and on the rents therefrom, or may be collected in the manner of any other civil judgment. (6) In the event a defendant property owner does not answer a ticket within six months of the court date specified on the summons, the court having jurisdiction shall enter default plea of guilty on behalf of the defendant property owner and render a default civil judgment of the fine specified in this section. Upon motion by the defendant property owner with good cause for the default shown and a meritorious defense asserted, the court shall vacate the default plea of guilty. Item # F3a Mailing the summons to an address other than the one specified in the building department file shall also be grounds to vacate the default plea of guilty.   § 258-6 A. Within 30 days after the termination of tenancy or the surrender of the premises, whichever occurs later, the landlord shall return to the tenant the full security deposit deposited with the landlord by the tenant or, if there is actual cause for retaining the security deposit or any portion of it, the landlord shall provide to the tenant a written statement specifying the reasons for such retention, including a good-faith estimate of the cost for each item of damage. The written statement specifying the reasons for the retention of any portion of the security deposit shall be accompanied by a full payment of the difference between the security deposit and the amount retained. Nothing contained in this section shall preclude the landlord from retaining all or a portion of the security deposit to cover the costs of storing and/or disposing of unclaimed property, for nonpayment of rent and for nonpayment of utility charges which the tenant was required to pay directly to the landlord. B. Nothing in this section shall be construed to imply other than it is the landlord's responsibility to return the tenant's security deposit or balance as soon as reasonably possible. If a rental agreement renders a tenant responsible to reimburse or apply from a security deposit (collectively, a “reimbursement provision”) any amounts due upon tickets issued pursuant to chapter 178 of this code for the property or residential unit being rented, it shall be the landlord’s responsibility to give the tenant notice of that ticket in timely fashion as a condition to enforce that reimbursement provision, and in order to help the tenant correct and prevent the condition for which the ticket was issued. Notice shall not be deemed timely if provided to the tenant more than three weeks from the date the ticket is sent from the court to the landlord. Failure to provide such timely notice shall serve as the landlord’s waiver of the reimbursement provision as to any ticket for which notice was not timely given and as to any immediately subsequent ticket based upon the same type of violation that is issued prior to the tenant's receipt of the notice required by this paragraph. C. Nothing in the first paragraph of this section shall be construed to imply other than it is the landlord's responsibility to return the tenant's security deposit or balance as soon as reasonably possible.