2021.04.13 CC Packet - Laserfiche WebLink

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March 23, 2021 Page 6 of 10 The Public Hearing was closed at 7:50 p.m. Councilmember Dunsworth stated she was concerned with what constitutes a violation and when revocation was necessary. She questioned if there was a way to revoke permits based on the gravity of the offenses. Assistant Director of Community Assets and Development Gozola explained the Ordinance as written provides the Council with the flexibility to make that determination based on what happens, which meant facts could be used when considering revocations. He indicated the Council would have to use its best judgement when considering each case. Councilmember Dunsworth reported this was a new Ordinance, yet the City has a problem property. She inquired how the Council would address if this property owner files for a permit She asked if the permit could be immediately denied. Assistant Director of Community Assets and Development Gozola commented on the temms that would trigger a complaint. He explained the permits would be public information and could be reviewed by the neighbors. He reported notification would not be sent to the neighbors on who applied for permits. He indicated most code amendments occur due to issues the City wants to address. He noted once this Ordinance is passed, no property has any strikes against them, but rather every property has a clean slate and any issues that occur from this point forward would be addressed by staff and the City Council per the Ordinance. Mayor Niedfeldt-Thomas questioned if notification would be required for a rental license versus a permit Assistant Director of Community Assets and Development Gozola stated licenses do not require notifications. He commented further on the difference of pursuing a license versus a permit. He indicated the Planning Commission supported the City moving forward with a permit at this time. It was noted the Council could amend the Ordinance in the future if a license process was necessary. City Attorney Sonsalla advised there was case law that a property owner has a more of a vested right in a license versus a permit. She reported this may be another reason not to go down the license route. Councilmember Allen discussed the occupancy concerns and noted the Council was defaulting back to the occupancy limits for any home. Assistant Director of Community Assets and Development Gozola stated another component for this was the City wants compliance with code and it was not against code to throw parties, however this should be done in a responsible and respectful manner, whether this was an owner occupied home or a rental. He stated if the property was not meeting the local zoning codes and nuisance codes then an additional trigger was required. Councilmember Abdulle thanked the residents that stepped forward and shared their concerns with the Council. He understood there was one property that was a concern, but noted there were other properties in New Brighton that were successfully renting their homes on a short term basis. He stated if this Ordinance does not work, he noted the Council would be able to change things. He discussed the number of cars parking at the problem rental property and questioned if parking restrictions should be addressed within the Ordinance. Assistant Director of Community Assets and Development Gozola stated the only parking restrictions the City has within City Code addressed overnight parking, noting cars could not be on the street from 2:00 a.m. to 5:00 a.m. He reported a strike would be triggered against a property if cars were parked on - street during these hours. Further discussion ensued regarding the enforcement of ovemight parking. Councilmember Allen questioned if a renter would know what the occupancy limit was for a property. Assistant Director of Community Assets and Development Gozola stated this could be one of the pieces of information that would be discussed with the Building Official and could be included in the binder of information provided to the City. Councilmember Allen supported this being completed for all short term rental properties. He suggested the language regarding the owner being present be further considered. Assistant Director of Community Assets and Development Gozola stated in the case of a duplex the City would assume the owner lives on one side and could rent the other side of the duplex. The same would be assumed if a homeowner was renting out a single room in the home. Mayor Niedfeldt-Thomas inquired what violations would be the first or second strike. Assistant Director of Community Assets and Development Gozola explained homeowners and renters all had to follow City Code. He stated if violations were to occur and the complaint were verified, this would create a first strike.