07-019 - Laserfiche WebLink

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1. Posted at the entrances/exits of the buildings, laundry rooms, and common hallway doors at Timber Crest Apartments are advisory signs from Spartan Protection Services that state in bold print: "Failure to call Spartan Protection before calling local police to resolve non Life threatening issues will be considered a lease violation." This violates City Code, Section 13-165: "No licensee shall evict, threaten to evict, or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences, or public safety concerns. This Section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies." 2. Penrod Lane LLC has also failed to meet the five day written report requirement of City Code, Section 13-163(4), in responding to notices of second instances of disorderly use of the licensed premises. Notices of second violation were personally delivered to Mr. Khan's residence on Thursday 15 February 2007 at approximately 1040 hours where they were placed in between the front glass door and exterior door. He was also notified in a telephone conversation that afternoon where they had been placed and had been told of the need to respond to the notices. On Wednesday 21 February 2007 at 1330 hours, Mr. Khan met with Public Safety staff at the New Brighton Public Safety Center and had these documents in hand. Mr. Khan indicated that he did not, however, have written responses to the notices of violation. 3. Section 13-161, subd. (2) requires that a provisional license applicant maintain a manager on site or available 24 hours a day. In the approved mitigation plan, Don Roggenbauer from Spartan Protection was identified as this contact (facsimile from Seitz 11/07). However, since that business relationship with Penrod Lane LLC has been terminated, no new notice of available contact has been provided. Mr. Seitz stated that the owner/manager would keep the department notified of the contact person for the on-site and 24 hour emergency situations. On 6 March 2007, City Sanitarian Dave Fridgen reported that he attempted to contact Timber Crest representative Hussain Khan but only received a message that his voice mail box was full. 4. The lack of a security key box at 2160 West County Road E constitutes a violation of Section 13-171. E. As of the date of this Order, the City has not received a complete application for a renewal provisional license. The prior license expired on February 28, 2007. ORDER O he basis of the foregoing, IT IS ORDERED: 1. That the multiple dwelling license of Penrod Lane, LLC for all apartments located at 2090 through 2160 West, County road E is suspended until May 28, 2007. 2. No new license for the Subject Apartments will be issued to be effective until the later of the following events: a) May 28, 2007; or b) Approval of a provisional license upon a complete application and approval of a mitigation plan for the provisional license period. 30 4v2 CLL NE136-205