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Home My WebLink About[05] Andrew Laudenbach - Appeal on Rental matter f CITY OF Kr. JUSETIt • Planning Commission Agenda Item 5 MEETING DATE: January 9, 2012 AGENDA ITEM: Compliance Order Appeal Andrew Laudenbach SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The City Office received concerned calls about a potential rental unit at 201 Hill Street and the police department verified that it appeared to be operating as a rental. The property owner, Andrew Laudenbach was sent a compliance order on December 6, 2011. Laudenbach came to the office the next day and indicated that he just had some friends and a relative living their but they did not pay rent. He was informed that the Ordinance does not define rent as a fixed monetary fee and can in many different forms. On December 12, the City Office received a letter along with $ 15.00 that he was contesting the compliance order and wanted to appeal. The appeal process is to verify the interpretation of the Ordinance and that an erroneous interpretation did not occur. A follow up letter was sent to Laudenbach requesting clarification to which he simply responded he wanted to appeal, no additional information was forwarded. The letter that was sent to Laudenbach included the section that defined rent, to illustrate that he is in violation. Laudenbach was informed that he could have tenants if he went through the Interim Use Permit process as he does reside at the property. He chose not to follow the process. ATTACHMENTS: Request for Planning Commission Action Compliance Order — December 6 Request to Appeal — December 12 Letter Requesting Clarification — December 26 Extract of Ordinance Letter from Laudenbach re- affirming request to appeal REQUESTED PLANNING COMMISSION ACTION: Consider the information presented and determine if the correct interpretation of the Ordinance was concluded by staff. RECEIVED December 10, 2011 DEC 12 20/ Calf OFS To whom it may concern, My name is Andrew Laudenbach and the letter I am writing is to appeal the compliance order 1 received regarding ordinance 55.11. Currently it is just me, my fiance and my cousin currently living in my house with no money being exchanged. Before I got this compliance order I had a couple friends that moved in because they had to leave their apartment due to reasons 1 don't know but they had no place to go so I let them stay at my house until they found a place to move to and they found one. They were only going to be here originally for a few weeks but the girl had a brain aneurysm and was in the hospital which stalled them from leaving when they originally wanted to. They are no longer staying at my house. The only money that they gave me was to repair a big hole that they put in my wall. Which I will repair in the spring. Thank you, Andrew Laudenbach 201 Hill Street W. St. Joepph,, MN 56374 O4'Sr 41 1 Filing Fee $15.00 cash enclosed THIS PAGE INTENTIONALLY LEFT BLANK • \ CITY OF ST. J OSEPH www.cityofstioseph.com COMPLIANCE ORDER DATE: December 6, 2011 TO: Andrew Laudenbach Administrator 201 Hill St W (udy VUeyrens St. Joseph, MN 58374 Ordinance No. 55.11 of the City of St. Joseph Code of Ordinances, requires that "no person shall operate rental property in the City of St. Joseph without first having properly made and filed a registration statement with the Compliance Official, and without first securing a valid rental license from the City of St. Joseph' Mayor Rick Schultz The properties, (of which you are listed as the owner of), located at 201 Hill St W, St Joseph, Minnesota is reportedly being operated as a rental property without a valid rental license from the City of St. Joseph, which is in violation of Ordinance No. 55.11. Councilors You are required to bring said property in compliance with the Ordinance within five (5) days of the date of Steve Frank this order. Bob Loso You have the right to appeal as follows: Renee Symanietz Subd. 2: Right of Aooeal. When it is alleged by any person to whom a Compliance Order is directed that Dale Vick such Compliance Order is based upon erroneous interpretation of this Ordinance, such person may appeal the Compliance Order to the Planning Commission sitting as a Board of Appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee of $15.00 in cash or cashier's check and must be filed with the City Clerk/Administrator within five (5) business days. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril of life, health or property. Sub. 3: Board of Appeals Decision. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within forty -five (45) days after said appeal is filed, the Board of Appeals shall hold a heating thereon, taking into consideration any advice and recommendation from the Compliance Official. The Board of Appeals may reverse, modify, or affirm, in whole or in part, the Compliance Order and may order return of all or part of the filing fee if the appeal is upheld. If there are any questions, or you are in need of additional information please contact the City /Administrator Judy Weyrens, at PO Box 668, St. Joseph, Minnesota, or by phone at 320- 363 -7201. CITY OF ST. JOSEPH J eyreA • istrator CC: Tom Jovanovich Gary Utsch File zs College Avenue North • PO Box 668 • Saint Joseph, Minnesota 6 6374 Phone 3zo.363.7zoi Fax 3zo.363.o342. CHAPTER V — BUILDING. LAND USE & REGULATIONS waste pipes, water closets, sinks, installed dishwashers, lavatories. bathtubs. shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof. together with all connections to water, sewer and gas lines. Subd. 35. Plumbing Code. Part of the building code adopted by the City. Subd. 36: Premises. A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or nondwelling structure. including such building, accessory structure or other structure thereon. Subd. 37: Public Hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Subd. 38: Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish. Subd. 39 Related by blood. marriage or adoption. Whole or half relationship between persons through a common ancestor or descendant or by a relationship as husband, wife, stepparent, stepchild, parent and legally adopted child, or foster parent and state assigned foster child. Subd. 40. Rent. A stated return or payment for the temporary possession of a dwelling, dwelling unit or rooming unit. The return or payment may be money, service, property or other valuable consideration. Subd. 41. Rental /Owner agent. A person who is the representative of an owner of rental property. A rental agent must live within 30 miles of the corporate limits of the city. A rental agent may or may not be the manager of the rental property. A rental agent shall not be a tenant of the rental property, unless that person is a manager of an apartment building. Notices or orders served on a rental agent shall be deemed to have been served on the owner of the property. Subd. 42. Rental Dwelling or Dwelling Unit. Any dwelling, dwelling unit, rooming unit, or multiples thereof on one property and the related premises which are subject to this Ordinance. Subd. 43: Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. Subd. 44: Rodent Harborage. Any places where rodents can live, nest, or seek shelter. Subd. 45: Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 46: Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster. bedding, crockery and similar materials. 55 -7 Q� To whom it may concern I still wish to pursue the appeal or the ordinance violation. Andrew Laudenbach