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278276 WHITE' - CITY CLERK PINK - FjNANCE� COl1t1C11 - CANARY - �EPARTMENT G I TY OF SA I NT PAU L BLUE - MAYOR File � N O. �� • Ordin�nce ordinance N�. I V v < � • Presented By ��--G� �/�"�� L�� _ Referred To Committee: Date Out of Committee By Date An Ordinance Amending Chapters 18 and 34 of the �aint Paul Legislative Code pertaining to the enforcement and the filing of appeals of housing, build- ing or fire prevention code regulations. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 That Chapter 18. 02 (1) of the Saint Paul Legislative Code entitled "Hear- ing; powers of board. " is hereby amended by striking and deleting certain provisions therein and replacing instead and in lieu thereof as follows: (1) Hearing, petition, filing fee, notice. Except in case of emergenc en- forcement as provided in Chapter 34. 18 (5) , or in the case of the re- moval of garbage, refuse and weeds and the procedures for abatement thereof, in Chapter 45. 06, any person affected by any order, notice of which has been issued in connection with the enforcement of any pro- vision of the Housing, Building, or Fire Prevention Codes, or any rule or �egulation adopted pursuant thereto, may request and shall be granted a hearing before the board of appeals on all matters set forth in such notice; provided that such person shall first file with the board of app�als a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within �e� thirty (30) calendar days after the original elap-��e notice of code violations was served. The filing fee for such a petition shall be $10, except that where there is a financial hardship and after recommendation of the enforc- ing officer, the appeals board may waive the filing fee subject to the approval of the city council. The filing fee may be refunded by the city council after the appeals board has made such a recommendation in the following situations: (a) there is a financial hardship, (b) it is found and determined that the appeals board lacks jurisdiction to hear the matter, (c) if the petitioner requests to withdraw the petation for appeal after the petition is filed but before the appeals board commences the hearing on the matter, and (3) where it is found COUNCILMEN Requested by Department of: Yeas Nays Hunt Levine [Il F'avor Maddox McMahon snowa�ter A gai n s t BY Tedesco Wlson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY � . - � � ' �� 2'7�2'7fi and determi.ned that it would be in the best interests of the city of Saint Paul to grant such a refund. Upon receipt of such petition, the board of appeals shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed; provided, that upon application of the petitioner the board of appeals may postpone the date of hearing for a reasonable time beyond such 30-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement. Section 2 That Chapter 34.18 of the Saint Paul Legislative Code entitled "Enforcement Officer; inspection of dwellings and premises; service of notice" is hereby amended by adding an additional subsection (5) to read as follows: (5) Emergency enforcement procedures. To meet a situation which creates an imminent health hazard or danger to occupants of a dwelling under this Chapter 34, and there does not exist sufficient time to give written notice pursuant to Section 34 18 (4) and an opportunity to appeal in accordance with Chapter 18 of the Saint Paul Legislative Code, the enforcement office may immediately placard said imminently hazardous or dangerous dwelling as being unfit for human habitation and may direct that the dwelling be vacated in accordance with Section 34 . 19 (5 through 34. 19 10 , except that the vacate order may be effective immediately. (a) Following the immediate placarding of the dwelling and vacating of the occupants the division shall mail written notice to the owner of the dwelling stating the imminent hazardous or dangerous condition, the action taken by the division, the reason for immediate action, the cost incurred which may be charged against the property, and �etting a date within ten (10) working days of the date the immediate action was taken, on which the city council shall consider the actions taken by the division. After said hearing the council by resolution shall either affirm, reverse or modify the actions of the division. -2- ��? ,. . � �V/�� Eb) Any owner aggrieved by the decision of the city council may appeal said decision to District Court by filing an appeal with the City Clerk within twenty (20) days of the council' s adoption of the resolution and by filing an appeal with the District Court within ten (10) days after filing an appeal with the City Clerk. The decision of the City Council shall remain in force and effect until stayed or reversed by the District Court. (c) The failure of any owner to either appear at the hear- ing provided in section (a) or appeal the decision of the city council as specifically provided in section (b) shall render any appeal null and void and the decision of the city council shall be deemed final. Section 3 That Chapter 34. 22 of the Saint Paul Legislative Code entitled, "Penalty for Violation" is hereby amended by striking and deleting cer- tain provisions therein and replacing instead and in lieu thereof as follows : 34. 22 Penalty for violation. Any person violating any provision of this chapter may be punished as provided by the Saint Paul Legislative Code, Section 1. 05. Notwithstanding the above provision, but except in case of emergency enforce- ments as provided in Section 34.15 (5) no penalty shall be imposed upon any owner who serves written notice upon the board of appeals indicating that he intends to permanently vacate and does permanently vacate the premises within 30 days and including proof of notice of eviction of the tenants occupying the affected premises. No prosecution for any violation under this chapter shall be commenced dur- ing the �e� thirty calendar days set for filing the written petition requesting a hearing, nor during any time of the pendency of said petition before the appeals board as set forth in Chapter 18, nor during the pendency of any time allowed for filing an action for judicial review, nor dur- ing the pendency of any judicial review as the case may be. (Code 1956, as amended, §54 . 22. ) Section 4 This Ordinance amendment shall take effect and be in force thirty -3- �a a-//�� WHITE -� CITYCLERK ' �J' /Q�l' /� PINK ' -, �'lIVANC� COUI1C11 1�/Vr�.i CANARY - DEPARTMENT G I TY O F SA I N T PA LT L � ewe - rNaroR File N O. O/ WZ/L�/LCG Ordinance NO. � �,�,� Presented By Referred To Committee: Date Out of Committee By Date (30) days after its adoption, passage ancl publication. -4- COUNCILMEN Requested by Department of: Yeas Nays � Hunt �evine [n Favor ...�r McMahon Showalter � Against BY Tedesco Wilson MAR 1 8 i9�1. Form Approved b Cit ttorney Adopted by Council: Date B �M�_r'� Certified � ec r dr '• �; � 9 �gBZ PP Y Y � A ro d by May . ate MAR A roved b Ma or for Submission to Council B BY PUBLISHED MAR 2 7 1982 . . ��`�� O.�tTTO.: CITY OF SAINT PAUL ; � OFFICE OF THE CITY ATTORNEY � iiii i i�n � ". s EDWARD P. STARR, CITY ATTORNEY , �... 647 City Hall,Saint Paul,Minnesota 55102 . 612-298-5121 GEORGE LATIMER MAYOR March 5, 1982 Sue Hurley City Clerk' s Office Third Floor City Hall Bldg. Re: Ordinance Dear Ms. Hurley: Here is the first page of the ordinance we spoke about yesterday. Please replace the other first page with this one. This is pursuant to the request of the City Council. Very truly yours, ��C��: WALTER A. BOWSER Assistant City Attorney WAB:rl Enc. �� WHITE -� rCITY CLERK ' '� � � �]�� PINYf - FINANCE Vj� CANARY - 'DEPARTMENT G I TY OF SA I NT PALT L COIlI1C1I BLUE - MAYOR Fll@ N O. � rdin�nce ordinance N�. � Presented By Referred To Committee: Date Out of Committee By Date An Ordinance Amending Chapters 18 and 4 of the Saint Paul Legislative Code pe taining to the enforcement and the fili of appeals of housing, build- ing or fi prevention code regulations. THE COUNCIL OF THE CITY OF SA NT PAUL DOES ORDAIN: ection 1 That Chapter 18. 02 (1) of th Saint Paul Legislative Code entitled "Fiearing; powers of board. " is he eby amended by striking and deleting cer- tain provisions therein and replac ' ng instead and in lieu thereof as follows: (1) �Iearing, petition, fiTing fee, notice. Except in case of emergency enforcement as rovided in Cha er 34. 18 (5) , any person affected by any order, notice of which has b en issued in connection with the enforcement of any provision of t e Housing, Building, or Fire Pre- vention Codes, or any rule or reg ation adopted pursuant thereto, may r�quest and shall be granted a earing before the board of appeals on all matters set forth in such no ice; provided that such person shall first file with the board of a peals a written petition re- questing such hearing and setting for h a brief statement of the grounds therefor within �e�. thirt (3 calendar days after the original �ap-��e notice of code violat ons was served. The filing fee for such a petition shall be $10, e cept that where there is a financial hardship and after recommendat' on of the enforcing officer, the appeals board may waive the filing f subject to the approval of the city council. The filing fee may e refunded by the city council after the appeals board has made s ch a recommendation under the following situations: (a) there is a ' nancial hardship, (b) it is found and determined that the appeals bo rd lacks jurisdiction to hear the matter, (c) if the petitioner reque ts to withdraw the �etition for appeal after the petition is fil d but before the appeals board commences the hearin on the matter an d where it is found COUIVCILMEIV Requested by Departm t of: Yeas Nays Hunt Levine In Favot Maddox McMahon Showalter A gai n s t BY Tedesco Wilson Adopted by Council: Date Form A roved `y� Certified Passed by Council Secretary °2_p�� By Approved by Mayor: Date Approved by Mayor for Submission to Council gy By .�... . �. � . , . ._ . . . ., . . . 1 . � .� .. l '� S . 1 I �, � �r � aix ;: i � �'" � . � — � �� '; � � • , , � ` ,.� . s � .. . . . . , . . .9� , . . � .. � . . . . . . ,._ . . . ` �z� �/ r'. f#-: ' .. . . . . . 1'. �' � �, � �, \ �T -i . 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' . �Y '�' � A�Q Sli - ' � � f ;� '+ � a cc s 1�. St�atfa�la�u� Hiowiirg Cod� �ld�►isioa► � I `�� t� . 1'a! Iloaraaa s `'�"th �'7.00r , � . � , n: � ; , . , 1 - .; �. , � � , , ` � `�``; , . , , ,F '�: , , , '�: , . , � ' � \ � ,.' . . , � - ' ' _ � . . . ;:<. i . t ' � � . lst a– � (J � 0� 2nd � � � �� ' 3rd �— � ^ 0 Adopted. ��il � �v� .� 3 _ � Yeas � �'Z Nays �-v,.�t/�- LEV INE MADDOX Or,,/ �I��' g Z McMAHON ��V� l � SHOWALTER TIDESCO 1 � (�7 WILSON PRESIDENT HUNT ! I �