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REQUEST FOR HRA ACTION Date: 10/18/11 Item No: 10.a. Staff Approval: Agenda Section: Action/Discussion Items Item Description: Proposed Amendment to Repeat Nuisance Ordinance (HF 097) Background In July, 2010, the City Council passed the “Repeat Nuisance” Ordinance that allows the City to penalize properties that have repeated issues that require the use of city resources, such as police calls or code enforcement cases. At the third violation on an individual property or unit within a calendar year, the City can charge $250 and up to $2,000 for each additional violation to cover the city staff and equipment costs. The ordinance, which originated at the HRA, is seen as another tool in the “tool box” that the City can utilize when dealing with chronic problems with a property. Staff has recently become aware of the Tenant Remedies Action process found in Minnesota State Statutes Chapter 504B. (See Attachment A). Basically, the statute allows a city to bring court action against a landlord for a violation of any state, county, or city health, safety, building, or housing maintenance code. After notice, if the violations are not corrected, a hearing will be held in front of a judge. If the complaints/violations have been proven, the court, among other options, may appoint an administrator to collect rents to remedy the violations and operate the property in a proper manner. Once the violations are corrected, the courts will terminate the third-party administration of the property and allow for the property owner to resume control. Currently it appears that the city has the ability to utilize this process on a property within Roseville. However, in an effort to increase the tools available to the City and to underscore how and when this action would potentially be pursued staff is suggesting an amendment be made to the existing Repeat Nuisance ordinance. Staff would propose that the Repeat Nuisance ordinance be amended to state that at the third call for service in a calendar year, the city, may utilize the Tenant Remedies Action to correct the issues on the property. While the amendment may not be necessary, staff would like to have ordinance amended to make it clear to all persons that the city will utilize the Tenant Remedies Action if problems persist. The choice to pursue court action under the Tenant Remedies Action would need to be brought forward by staff and ultimately approved by the Roseville City Council. The proposed ordinance is attached to the case as Attachment B. Suggested RHRA Action The RHRA should review and discuss the proposed ordinance amendment and make a recommendation to the City Council. Prepared by: Patrick Trudgeon, RHRA Executive Director (651-792-7071) Attachments: A: Tenant Remedies Action (504B). B: Proposed Ordinance Amendment. Amendment to Repeat Nuisance Ordinance