The decision to deny an application for a rental license for the house, at 130 Northlawn Ave., was based on the recommendation from the Planning Commission to City Council.

There were three reasons for denial, City Attorney Dennis McGinty said. The property owner, Jay Gupta, has not shown the ability to maintain and properly care for the property, he said.

“The housing commission deemed the application to have been withdrawn because of failure to appear at two separate hearings with the housing commission without reasonable cause,” McGinty said.

Also, the owner currently has two outstanding code violations regarding a damaged sewer as settlement issues, he said.

Gupta attended the council meeting and declined to comment on the decision.

Gupta also has been charged with four misdemeanor violations of the city code, McGinty said.

Although City Manager Ted Staton did not know the specific violations, he said the charges are regarding work done by the property owner to a public right of way without permit.
Typically, the maximum sentence for the violations is $500 in fines and 90 days in jail, he said.

The application for a rental license at 323 Marshall St., was deferred to the Nov. 3 council meeting, pending the results of a conflicting overlay district proposal, Staton said. The overlay district, which would prohibit rental properties including the Marshall Street property, is scheduled for a Planning Commission public hearing Oct. 27, he said.

“It was introduced on Sept. 7 and should come to council sometime after the hearing,” Staton said.

Council also deferred three potential medical marijuana ordinances to the Planning Commission for its review and discussion.