HomeMy WebLinkAbout96-28 - ADMIN Resolution - City Council - 1996/02/20t
RESOLUTION NO. 96-28
A RESOLUTION WITH FINDINGS
REGARDING THE APPLICATION OF STEPHEN DONAHUE
FOR A PRIVATE HOUSING INSPECTOR LICENSE
WHEREAS, the City suspended Mr. Stephen Donahue's private housing inspector
license on September 10, 1992, after a hearing before the City Manager, for complaints
from homeowners, failure to write adequate work orders and failure to identify code
violations; and
WHEREAS, on February 24, 1994 the Housing Inspection Program Manager met
with Mr. Donahue, reviewed his work performance failures and recommended changes to
his performance necessary to maintain his private housing inspector license; and
WHEREAS, the Housing Inspection Program Manager notified Mr. Donahue by
letter on March 1, 1994 of the specific areas needing improvement in his housing inspection
performance; and
WHEREAS, based on continuing complaints regarding Mr. Donahue's performance
as a private housing inspector, the City Manager notified Mr. Donahue on November 27,
1995, that the City had determined that he had violated City Ordinance Section 13-248.101
and that his private housing inspector license would be revoked in ten days, pending his
request for an appeal before the City Manager; and
WHEREAS, violation of City Ordinance Section 13-248.101 is sufficient cause for
revocation or denial of a private housing inspector license; and
WHEREAS, Mr. Donahue was notified by letter dated December 6, 1996, advising
him that he had until December 11, 1995 to request a hearing before the City Manager; and
WHEREAS, on December 11, 1995, Mr. Donahue requested a hearing before the
City Manager and subsequently, on December 22, 1995, Mr. Donahue was notified that a
hearing would be held before the City Manager on December 28, 1995 at 9:00 am; and
WHEREAS, the City Manager held the hearing on December 28, 1995, made
findings, based on the evidence and testimony received at that hearing, and determined that
Mr. Donahue had violated City Ordinance Section 13-248.101; and
WHEREAS, the Director of Inspections send a memorandum to the City Manager
on January 4, 1996, recommending that Mr Donahue's 1996 license be denied based on
complaints, his past performance, and the evidence presented at the hearing showing that he
has not exercised the necessary judgment and professionalism to be licensed as private
housing inspector; and
WHEREAS, the City Manager, based on the findings from the hearing before him
on December 28, 1995, the recommendation of the Director of Inspections to deny Mr.
Donahue a private housing inspector license for 1996 and a previous revocation in 1992,
denied Mr. Stephen Donahue's 1996 private housing inspector license application and
advised Mr. Donahue of his right of appeal to the City Council; and
WHEREAS, on January 9, 1996 the City Clerk send Mr. Donahue a letter, returning
his 1996 private housing license application and fee; and
WHEREAS, on January 18, 1996 Mr. Donahue requested a hearing before the City
Council to appeal the City Manager's decision regarding his private housing inspector
license; and
WHEREAS, on January 23, 1996 Mr. Donahue was notified that a hearing before
the City Council was scheduled for February 5, 1996 at 5:30 pm; and
WHEREAS, on February 5, 1996 the City Council held a hearing, accepted
testimony and discussed the license denial; and
WHEREAS, the City Ordinance Code Section 13-115 and Section 13-240 through
13-249 govern private housing inspector license standards and revocation and denial
proceedings.
NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council that
they uphold the City Manager's decision to deny the private housing inspector license to
Mr. Stephen Donahue based on the following findings:
1. The recitals set forth above are incorporated herein.
2. Mr. Donahue has, by his actions, demonstrated a lack of skill level and
professionalism reflecting the City's standards, as required by City Ordinance
Section 13-248.101 subd. (5).
3. Mr. Donahue has failed to write adequate work orders as required by City
Ordinance Section 13-248.101 subd. (3).
4. Mr. Donahue has failed to identify code violations on work orders as required by
City Ordinance Section 13-248.101 subd. (4).
5. Failure by Mr. Donahue to write adequate work orders, identify code violations and
demonstrate a skill level and professionalism reflecting the City's high standards are
a violation of City Ordinance and have placed the health, safety and general welfare
of the community at risk.
6. The public must have confidence in the integrity of the housing inspection program.
Mr. Donahue, by his demonstration of a lack of expertise and professionalism has
jeopardized the public perception of the City housing inspection program and has
damaged the integrity and effectiveness of the program.
7. The City Manager reviewed the evidence presented to him and determined that Mr.
Donahue violated the City Ordinance and should not be licensed by the City as a
private housing inspector.
8. Mr. Donahue's failure to exhibit the necessary skills and professionalism to meet the
standards for a private housing inspector are grounds for denial of Mr. Donahue's
1996 private housing inspector license.
ATTEST:
1-0/64City Cler
Reviewed for administration:
Adopt by, the City Council February 20, 1996
Approved as to form and execution:
,icw+t,tt, 6..t-�i�c�
City Attorney