HomeMy WebLinkAboutResolution No. 421-17 - Johnson.RevokeRentalLicense.1120FourthStreetSE
RESOLUTION
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WHEREAS, on March 11, 2016, Shannon Johnson (“Johnson”) purchased 1120 4 Street
SE located in the City of Rochester (“Property”). Johnson is the current owner and landlord of the
Property; and,
WHEREAS, Property is actively being operated as rental property although Johnson does
not possess a valid rental registration certificate for the Property; and,
WHEREAS, since Johnson purchased the Property, law enforcement reports indicate there
have been 80 law enforcement calls of service involving loud noise, controlled substances, and
disorderly conduct; and,
WHEREAS, on June 29, 2017, Rochester Police Officer Stensgard drafted a Disorderly
Use Violation due to possession of controlled substances by Property tenant, Jason Hollins, in an
SUV parked outside the Property; and,
WHEREAS, on June 30, 2017, Darrel Hildebrant, Advanced Crime Prevention/CPTED
(Crime Prevention Through Environmental Design) Specialist for the City of Rochester, served a
Notice of Disorderly Use on Johnson advising him of the June 29, 2017, incident and indicated to
Johnson that a second offense within twelve months of this notice will require him to submit a
written report of appropriate actions taken to prevent further disorderly uses on the premises as
required by R.C.O. §38.152, subd. 5; and
WHEREAS, on July 12, 2017, Rochester Police Officer Marsolek drafted a Disorderly Use
Violation due to a noise complaint caused by a Property tenant, Jason Hollins, who was playing
loud music on the Property and disturbing citizens in the immediate area; and,
WHEREAS, on July 26, 2017, Rochester Police Officer Marsolek drafted a Disorderly Use
Violation due to loud, disruptive behavior and disorderly conduct by a Property tenant, identified as
son of Hattie Sims, on the Property; and,
WHEREAS, on August 3, 2017, Darrel Hildebrant served a Notice of Second Instance of
Disorderly Use on Johnson advising him of the June 29, 2017, and July 26, 2017, incidents and
Johnson’s responsibility to submit a written report to the Rochester Police Department by August
11, 2017, as required by R.C.O. §38.152, outlining the steps he intended to take to prevent further
instances of disorderly use on the Property; and
WHEREAS, on August 4, 2017, Darrel Hildebrant served a Notice of Third Instance of
Disorderly Use on Johnson advising him of the June 29, 2017, July 12, 2017, and July 26, 2017,
Disorderly Use Violations on the Property and that a public hearing would be scheduled before the
Rental Housing Complaint Board pursuant to R.C.O. §38.153, subd. 1a, to determine if a public
hearing should be scheduled before the Common Council to consider whether Johnson’s right to
obtain a Rental Registration Certificate should be suspended or revoked and/or other sanctions
should be imposed; and,
WHEREAS, on August 15, 2017, Rochester Police responded to the Property based upon
a shooting incident involving Shannon Johnson’s niece’s boyfriend; and,
WHEREAS, on August 23, 2017, the Rental Housing Complaint Board held a public
hearing related to the Property pursuant to R.C.O. subd. 1a. The Board received documents and
testimony which led the Board to conclude there had been two disorderly use violations upon the
Property and that Johnson had failed to submit an action plan to the Rochester Police department
by August 11, 2017, as required by R.C.O. §38.152, subd. 5. Therefore, the Board recommended
to the Common Council that a public hearing be scheduled to consider the suspension or
revocation of Johnson’s right to obtain a rental certificate and whether additional sanctions are
appropriate; and,
WHEREAS, on August 29, 2017, Rochester Police Officer David Drees drafted a
Disorderly Use Violation due to unnecessary loud noise caused by a Property tenant,
identified as female juvenile Hollins and guests of that juvenile, upon the Property; and
WHEREAS, on September 1, 2017, Darrel Hildebrant served a Notice of Fourth Instance of
Disorderly Use on Johnson advising him of the August 29, 2017, incident and advising Johnson
that a public hearing will be scheduled before the Common Council to consider whether his right to
obtain a Rental Registration Certificate for the Property should be suspended or revoked, and/or a
fine or other sanctions be imposed; and,
WHEREAS, on September 6, 2017, the Common Council considered the Rental Housing
Complaint Board recommendation for a public hearing and scheduled the public hearing for
September 18, 2017, pursuant to R.C.O. §38.153, subd. 2; and,
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WHEREAS, at the September 18 public hearing before the Council, neighbors testified
about their concerns with the on-going noise, violence, traffic, and crime occurring at the said
property which negatively impacts their quality of life; and,
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WHEREAS, at the September 18 public hearing, the testimony indicated Johnson did not
evict the tenants after the Rental Housing Complaint Board public hearing held on August 23,
2017; and,
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WHEREAS at the September 18 public hearing, the testimony indicated Johnson failed to
take appropriate measures to correct the housing code violations and to obtain a valid rental
certificate for the Property; and,
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WHEREAS, at the September 18 public hearing, Johnson testified that he believed he
was able to rent out the Property simply by paying the required fees to the Building Safety
Department; and,
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WHEREAS, at the September 18 public hearing, the testimony indicated Johnson was
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served with an additional Notice of Instance of Disorderly Use after the August 23 hearing before
the Rental Housing Complaint Board; and,
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WHEREAS, at the September 18 public hearing, Manager of Housing Inspections Susan
LeGare-Gulden testified that Building Safety investigations of the Property following the August
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23 Rental Housing Complaint Board hearing revealed life/safety violations at the Property; and,
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WHEREAS, at the September 18 public hearing, the testimony indicated there has been a
significant amount of time and resources expended by the Rochester Police Department, Crime
Prevention Department, Building Safety Department; members of the community, and the Rental
Housing Complaint Board in an attempt to help Shannon Johnson bring the Property into
compliance with applicable Rochester ordinances; and,
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WHEREAS, at the September 18 public hearing, the testimony indicated that, despite
the concerted effort by many public and private persons, the Property remains noncompliant
with applicable Minnesota laws and Rochester ordinances.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the preponderance of the evidence shows that Shannon Johnson, owner of the
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property located at 1120 4 Street SE, Rochester Minnesota has knowingly violated
Minnesota Statutes and Rochester City Ordinances. Specifically, Shannon Johnson failed to
submit a written report to the Rochester Police Department following two instances of
disorderly use occurring on the Property within a 12-month timeframe as required by R.C.O.
§38.152, subd. 5.
BE IT FURTHER RESOLVED by the Common Council that the uncontroverted testimony
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presented at the September 18 public hearing shows four separate disorderly use violations
occurred upon the Property within a two-month time period. Johnson never sent to the Rochester
Police Department a written report detailing the mitigation and responsive steps he intended to
take to prevent a reoccurrence of the disorderly use violations.
BE IT FURTHER RESOLVED by the Common Council that, pursuant to R.C.O. §38.153,
subd. 3, the City imposes the following sanctions upon Shannon Johnson:
1. Shannon Johnson’s right to obtain a rental registration certificate is
revoked for a period of two years;
2. Shannon Johnson shall vacate the main floor and second floor
apartments of the Property in accordance with R.C.O. §38.125;
3. At the end of the rental registration certificate revocation time, Shannon
Johnson may apply for a new rental application and shall promptly pay
the rental application fee in accordance with R.C.O. §38.01; and,
4. Prior to Shannon Johnson re-occupying the duplex, he is to arrange for a
City Building Inspector to perform a site inspection to verify the Property
complies with minimum standards of the Rochester Housing Codes,
specifically Chapters 34 and 35, and to comply with deadlines for any
code cited for correction in accordance with R.C.O. §32.10; and,
5. After one year of the two-year period of revocation has elapsed, Shannon
Johnson may appear before the Common Council to ask that the second
year of the revocation time period be rescinded on the basis that Johnson
has brought the Property into compliance with all applicable Minnesota
laws and Rochester ordinances.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2017.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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