Minutes - Council - 08/14/2007 - Laserfiche WebLink

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Mr. Martlnsreplied irha!! been cleaned upa little bit Mr. Sharp originallybui.1fthe Bold it to a fellow named " Rich; they did not get along so Mr. Sharpboughtiffrom Rich. was a storage shed that was partially built and not painted or. finished in any way, and a hugepjle of dirt from when Rich hfd water running through the basement and they dug a ditch to go to the back of the property. The last renter cleaned up the junk that was outside. Mayor Gamec stated this is something staff would review. They could hold off on approval of this license at this time. Interim City Administrator Nelson indicated the provisions of the rental license cover what the City regulates on the license. Assistant Community Development Director Frolik explained there are a number of building code and safety issues inside and outside the property that passed the rental property inspection. As far as the covenants, staff does not see anything in the covenants that prohibits someone froW renting out a home in this neighborhood. Additionally, the City is not responsible for enforcing the covenants; the homeowners association, which is inactive, would need to 'become active and enforce their covenants. Mayor Gamec indicated people have had better luck in areas where there are covenants. He asked if Mr. Martins has a copy of the covenants. Mr. Martins stated according to the covenants only two people can be there; the owner of the business on the lot or the manager of the business on the lot. A renter is not one of those two people. . Councilmember Olson sta.ted the Council does not have the authority to enforce covenants or to take a bond to ensure that the property is kept up as suggested by Mr. Martins. Mayor Gamec suggested it would be best to get a couple of people together to enforce the covenants. Councilmember Dehen stated this gentleman is coming in and asking the Council to address this through a rental situation. He understands that the City takes a policy of not enforcing any covenants, but Mr. Martirts would have to hire legal counsel or spend a lot of money to enforce the covenants. Mr. Martins is asking the Council to deny this rental license, which he thinks they can do if it is legal. He requested legal advice on whether the licensecan'be denied on the basis that it does not meet the covenants. ' City Attorney Goodrich indicated he would want to l'eview.the covenants before. making that Judgment. His recommendation would be to include this license on a subsequent Council agenda so staff can review the covenants. Preliminarily staff has looked at the covenat)ts and determined there is nothing restricting the rental, but Mr. Martins has a different opinion. . City Council I August 14,~OO,7 Page 20 of 32 Mayor Gamec expressed concern that if the City starts getting involved in one covenant they will start getting involved in all of them.