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280878 ��� /��'s'b `°� �a� . 02 . sidential Premises ; Pro ert Owrier' s Obli ation for Main:ten: nce. It is t e o igation o t e essor to covenant to intain leased residential premises in com- pliance with �1 applicable health and safety laws of the state and City"��iuring the term of the lease, except when the disrepair ha�� been caused by the willful, malicious or irresponsible �onduct of the lessee or a person under his direction or ct�trol . $� . 03. Emergency Cgd�aditions ; Loss of Heat, Water or Electricity. ' ,� ,�� Subd. l . In those ca�s where the gas, water or electric utility has g:�n notice that it will terminate or has termina ed service because of the property owner' s nonpa� ent or in the event that heating facilities ar�not maintained in good working order as defin�*�1 in Section 34. 11 (7) of the Saint Paul Legislativ� Code durin� the time period from October 15 to Apri`� 15, the tenant shall make a reasonable attempt�:4to noti�y the property owner, either orally or'� in writing, of the condition and his intention t� pay the bill or make the necessary repair or co rection within 48 hours or shorter period as is r�e`�sonable under the circumstances, if the property oi`�n.er has not done so. If the condition is not rem died, the tenant may pay the outstanding bill or ortion thereof or make the necessary correctio and, upon submitting to the property owner re�eipts , deduct the cost from the rent . �, � Subd. 2 . If a utility company receives pay`�ient under this ordinance equivalent to the curre�it bill, it shall not terminate service for the � following billing period, or if service has �, already been terminated, it shall reconnect service for at least one billing period. 2. , • ' - . � �� . . ����� Subd. 3. If the tenant has made payment under this ordinance in a previous contiguous billing period, the utility company may require the tenant to make additional payments in the following consecutive billing periods in an amount equal to one-third of the past due bill plus the current bill , provided that the tenant shall not be required to pay a total amount in any month greater than twice the average bill. Subd. 4. The amount deducted from rents shall not exceed the total sum of three months ' rent in any twelve month period. '`.<;_ Subd. 5. "Current bill" means the bill for ''`'t�,tility consumption during the previous billing period. "Average bill" means the bill for a year'-s consumption divided by the number of billirig, periods in a year. Subd. 6. 'The utility company shall not require the tenant to�.�lace the account in his own name as a condition "�� continuing the utility service under this ordinar��e. The utility company shall advise any requestirt>� tenant or his representa- tive of the amount ow�:ng on the utility account for rental property as �``�o which the utility company has given notice of interi�.; to terminate. Subd. 7 . The utility compan� shall not be obliged to repeat the posting requirerirents of Section 46. 01 of the Legislative Code if the ��nants fail to continue to make payments under t��iis ordinance. Subd. 8 . The utility company shall'";�.ot be obliged to accept payment under this ordinan�e on any single account more than three times in any twelve month period. t `', �;� � 3. _ (RETURN TO JERRY �',EGAL AFTE&.ADOPTIOl�) + WM17E — CITV CLCRK ' PINK — FINANCE GITY OF SAINT � PAITL Council ��$�$ CANARV — DEPARTMENT BLUE — MAVOR . Flle NO. • � ' ����in��zce Ordinance N 0. ���5�' sj � , Presentey�B� � '� Referred To Committee: Date Od,t of Committee By Date An Ordinance amending the Saint Paul Legislative Code so as to add provisions allowing tenants to pay delinquent utility bills or make emergency repairs to heating facilities . T�#E COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the Saint Paul Legislative Code be and is hereby amended so as to add the following provisions thereto : . 01 . Intent. The City of Saint Paul finds it necessary , to provide �al legislation regarding the repair and mainte- - nance of rental residential property because of the failure of some property owners to comply with state and local hous- ing codes, and the inability of tenants to otherwise protect � their rights and interests as granted to them pursuant to law and their lease agreements . Minn. Stat. 504. 18 , Subd. 1 , mandates that property owners maintain their premises in compliance with applicable health and safety laws of the state and of local units of government. Further, tenants may not be evicted from their premises if the termination of tenancy is intended as a penalty for the tenant's good faith attempt to enforce rights under lease or state or �' local law pursuant to Minn. Stat . 566. 03, Subd. 2. The City by this ordinance, provides a tenant, in harmony with state law, with an additional means of protecting his right to occupy safe housing, and to maintain the basic services of rental housing available to the citizens of the City of Saint Paul. COUIVCILMEIV Requested by Department of: Yeas Nays Flet her ceii In Favor Mas nz Nic la B scn ibe� Against Y Ted sco Wils n Adopted by ouncil: Date Form Approv d ity Atto Certified Pas�sed by Council Secretary BY ' I gy I Approved by Mayor: Date Approved by Mayor for Submission to Council Bv —_ _ Rv . , . . . . ��C� , _ . . . . �705�' . 02 . Residential Preinises ; Pro ert Owrier' s Obli ation for Maintenance. It is t e o igation o t e essor to ' covenant to maintain leased residential premises in com- pliance with all applicable health and safety laws of the state and City during the term of the lease, except when the disrepair has been caused by the willful , malicious or irresponsible conduct of the lessee or a person under his direction or control . - - . 03 . Emergency Conditions ; Loss of Heat, Water or Electricity. Subd. 1 . In those cases where the gas , water or electric utility has g�ven notice that it will terminate or has terminated service because of the property owner' s nonpayment or in the event that heating facilities are not maintained in good working order as defined in- Section 34. 11 (7) of the Saint Paul Legislative Code .durin� the time period from October 15 to Apri1 15 , the tenant • shall make a reasonable attempt to notify the � • property owner, either orally or in writing, of the condition and his intention to pay the bill or make the necessary repair or correction within 48 hours or shorter period as is reasonable under the circumstances , if the property owner has not done so. If the condition is not remedied, the tenant may pay the outstanding ;�iill or portion thereof or make the necessary correction and, upon submitting to the property owner receipts , deduct the cost from the rent . Subd. 2. If a utility company rece.ives payment under this ordinance equivalent to the current bi11 , it shall not terminate service for the following billing period, or if service has already been terminated, it shall reconnect service for at least one billing period. 2 . . � , , „ " _ . . . , ��+��� /70.S�v Subd. 3. If the tenant has made payment under this ordinance in a previous contiguous billing period, the utility company may require the tenant to make additional payments in the following consecutive billing periods in an amount equal to one-third of the past due bill plus the current bill , provided that the tenant shall not be required to pay a total amount in any month greater than twice the average bill . Subd. 4. The amount deducted from rents shall not exceed the total sum of three months ' rent in any ttaelve month period. Subd. 5 . "Current bill" means the bill for utility consumption during the previous billing period. "Average bill" means the bill for a ' year' s consumption divided by the number of billing periods in a year. Subd. 6 . The utility company shall not require the tenant to place the account in his own na.me as a condition to continuing the utility service under this ordinance. The utility co�pany shall advise any requesting tenant or his representa- tive of the a.mount owing on the utility account for rental property as to which the utility company has given notice of intent to terminate. Subd. 7 . The utility company shall not be obliged to repeat the posting requirements of Section 46. 01 of the Legislative Code if the tenants fail to continue to make payments under this ordinance. Subd. 8 . The utility company shall not be obliged �to accept payment under this ordinance on any � single account more than three times in any twelve month period. 3 . ---_'�, , �-i _. --=- —�- ' � � ..� � . . , . � � WHITE - CITY CLERK - ��� ���K - ������� GITY OF SAINT PAUL Council CANARV - DEP4RTMENT BLUE - MAVOR , File . . /�o.� - Q���/��/'�� Presented By Referred To Committee: Date Out of Committee By Date Section 2. This ordinance shall be deemed a part of the Saint Paul Legis- lative Code and shall be incorporated therein and given an appropri- ate chapter and/or section number at the time of the next revision of said Legislative Code. Section 3 . This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. , . -4- COUNCILMEN Requested by Department of: Yeas Nays � Fletcher , �a��� [n Favor Masanz Nicosia Schefbel A gains t BY Tedesco Wilson Form Approved by City Attorney Adopted h}� Council: Date Certified Passed by Council Secretary BY B� Approved by Jlavor: Date Approved by Mayor for Submission to Council . • . , . , � r--�� . . . . . . ' �� ".. . � ,oa �