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<br />Mr. Martins replied it has been cleaned up a little bit. :Mr. Sharp originally built the house and <br />soldit to a fellow named Rich; they did not get along so Mr. Sharp bought it from Rich. There <br />was a storage shed that was partially built and not painted or [mished in any way, and a huge pile <br />of dirt from when Rich had water running through the basement and they dug a ditch to go to the <br />back ofthe property. The last renter cleaned up thejunk that was outside. <br /> <br />Mayor Gamec stated this.is something staff would review. They could hold off on approval of <br />this license at this time. <br /> <br />Interim City Administrator Nelson indicated the provisions of the rental license cover what the <br />City regulates on the license. <br /> <br />Assistant Community Development Director Frolik explained there are a number of building <br />code and safety issues inside and outside the property that passed the rental property inspection. <br />As far as the covenants, staff does not see any1hing in the covenants that prohibits someone from <br />renting out a home in this neighborhood. Additionally, the City is not responsible for enforcing <br />the covenants; the homeowners association, which is inactive, would need to become active and <br />enforce their covenants. <br /> <br />Mayor Gamec indicated people have had better luck in areas where there are covenants. He <br />asked if Mr. Martins has a copy of the covenants. <br /> <br />Mr. Martins stated according to the covenants only two people can be there; the owner of the <br />business on the lot or the manager of the business on the lot. A renter is not one of those two <br />people. <br /> <br />Councilmember Olson stated the Council does not have the authority to enforce covenants or to <br />take a bond to ensure that the property is kept up as suggested by Mr. Martins. <br /> <br />Mayor Gamec suggested it would be best to get a couple of people together to enforce the <br />covenants. <br /> <br />Councilmember Dehen stated this gentleman is coming in and asking the Council to address this <br />through a rental situation. He understands that the City takes a policy of not enforcing any <br />covenants, but Mr. Martins would have to hire legal counselor spend a lot of money to enforce <br />the covenants. Mr. Martins is asking the Council to deny this rental license, which he thinks they <br />can do if it is legal. He requested legal advice on whether the license can be denied on the basis <br />that itdoes not meet the covenants. <br /> <br />City Attorney Goodrich indicated he would want to review the covenallts before making that <br />judgment. His recommendation would be to include this license on a subsequent Council agenda <br />so staff can review the covenants. Preliminarily staff has looked at the covenants and determined <br />there is nothing restricting the rental, but Mr. Martins has a different opinion. <br /> <br />Mayor Gamec expressed concern that if the City starts getting involved in one covenant they will <br />start getting involved in all ofthem. <br /> <br />City Council /'August 14,2007 <br />Page 20 of 32 <br /> <br />P36 <br />