Resident threatens legal action again over rental code

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BY CHUCK VANDENBERG
PCC EDITOR

FORT MADISON - A resident with six local rental houses and two other properties listed within the city said Tuesday he's considering legal action against the city for a non-compliance issue on one of his properties.

Darrell Davolt, told the council at Tuesday's regular meeting that the city is ignoring him and refusing to put him on the agenda over a non-compliance fine on his property at 2102 Avenue B.

Davolt said he has reached out to Mayor Matt Mohrfeld, Police Chief Mark Rohloff, and City Manager David Varley and has not been given a response.

Mohrfeld disagreed with Davolt and said he offered to put Davolt on the agenda, but didn't get a response from Davolt so he hasn't been added. Mohrfeld offered to put Davolt on the agenda.

Davolt said the rental ordinance is illegal.

"It's illegal. You didn't read it into the minutes. My lawyer is an officer of the court. Do you think he's going to lie to me," Davolt said.

"My next step is, if we don't get this resolved, my lawyer's gonna come on board and we'll sue you for court costs and attorney fees."

Davolt approached the council last month as well about the issue and said he asked to be placed on the agenda, but that hasn't taken place.

"This is not going away. I'm not going away. You're gonna have to put me on the agenda, you're gonna have to address the situation."

Mohrfeld said he's obtained a legal opinion from Patrick O'Connell with citations on the legality of the city's action.

MOHRFELD

"I can only take our professional's opinion for that," Mohrfeld said.

"And you have the next step if you like."

Davolt said he wanted to see the city attorney's opinion on the ordinance. City Councilman Kevin Rink asked Davolt to provide his attorney's opinion to the city as well.

The city requires rental properties to pay a $25 registration fee for each property. Anyone in non-compliance is subject to a fine of up to $300.

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