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97-1421�L CounCil File # l t — �`-y � � ordinance # Green Sheet # �� S ��s�:�w\�� , �� \O I� t ORDINANCE Presented By Referred To 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 An ordinance to provide for enforcement of health and safety codes in non-owner-occupied 1 and 2 family dwellings. THE COUNCIL OF THE CITY OF SAINT PAUL AOES 012DA1N: Section 1 A new chapter 42 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 42. Certain Nuisance Dwellings. Sec. 42.01. Defmitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter 42, have the meanings indicated in this section. (1) Dwelling. Any one- or two-family rental dwelling . , which is not occupied by the owner thereof. Dwelling includes both the building or structure and the land upon which it is located. (2) Nuisance dwelling. Any dwelling which has been found, upon inspection by the fire chief �, to be in violation of any provision of any applicable safety code on four separate dates in any 12-month period. (3) Fire chie �ssarskc�d. Fire chief n�arsha� includes the said chief, as well as the official appointed as fire marshal, and also any inspector under his or her supervision and control, and aiso includes any city officer or employee charged with responsibility for the enforcement of a safety code. (4) Safety code. Safety code includes any fire, housing, heaith, safety or other similar code, law and ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and the City of Saint Paul, or any ]awful agency or depariment thereof, which are applicable to a dwelling in such City. Safety code includes, without any limitation of the foregoing sentence as a result of this specification, the provisions of chapters 33, 34, 43 45, �� / 49 55, 56 and 58 of the Legislative Code. �' �/ � CITY OF SAINT PAUL, MINNESOTA .�� °t� - 1 �l �,1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (5) Owner. The owner is the person, firm, corporation or other entity listed in the records on file in the recorder's office as holding fee title to the dwelling, or if not so listed, then as a purchaser by contract for deed. If no such person is so listed, the owner for the purposes of this chapter 42 shall be any adult occupant of the dwelling. (6) Recorder's office. The recozder's office is the Ramsey County Department of Property Records and Tasation, or its division which maintains title and properry records, and any successor agency or department thereof. . � � � � � � . � � �.- . .� .. �� . �.- .�- - . . � . � . - � . �.- --- -.- -:-- -:.:::: --. : :- . - - - Sec. 42.02 Registration of a nuisance dwelling. �a, Registration. Any dwelling meeting the definition of a nuisance dwelling shall be deemed on the date of the 4`" inspection in such 12-month period to be registered as a nuisance dwelling, and subject to the additional provisions of this chapter, including the payment of a registration fee. Such registration sha11 remain in effect for a 12-month period beginning on the date of registration as a nuisance building. (b). Additional requirements. Any dwelling deemed registered as provided in subsecfion (al above shall also be subject to the requirements of section 33.05 of the Legislative Code relatin� to occupanc�so lon as it is registered and far a period of 12 months after registration terminates. Such re�istered nuisance dwelling shall be required to have a certificate of occupancy issued by the fire chief within 12 months after the date on which it is deemed registered. Failure to have such certificate issued within such 12 months shall subject such dwelling and its owner or owners to ali enforcement and remedial measures which may be a�plicable under law or ordinance. Sec. 42.03. Multiple dwellings. If the owner of a registered nuisance dwelling also owns other dwellings within the CiTy of Saint Paul, each other dwelling so owned shall be deemed to be a nuisance dwelling and registered as such on the same date as the first, but only if such building has within the same 12- month period been found upon inspection to be in violation of any applicable safety code. All of such dwellings which aze deemed to be additional nuisance dwellings shall be subject to all of the provisions of this chapter, and to the payment of a sepazate registration fee for each. Such additional registrarions sha11 also remain in effect for a 12-month period as provided in section 42.02. The additional requirements in secfion 42A2�b1 above shall also ap�lv to such other dwellin� as aze deemed under this section to be nuisance dwellin *�s, � ��q(q1 2 2 � 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 42.OA. Registration fee. �� —, y�- 4 (a) Initial payment. The owner of a nuisance dwelling shall be obligated to pay $250 to the Ciry of Saint Paul, payable within 15 days following the date of mailing of written notice to the last known address of the owner that such dwelling is a nuisance. Failure to do so shall be a misdemeanor. (b) Recover actual costs. The fee shall be used for recovery of the City's actual costs in enforcement of this chapter. The fire chief shall from time to time deteriuine whether such fee fully reiunburses the City for its costs in responding to complaints, costs of inspections and adminislrafion, as well as costs of enforcement including inspectors and attomeys, for the period of time covering the four violafions and the succeeding 12-month period of registration as a nuisance dwelling. (c) Additional fee for multiple dwellings. An additional$250 fee shall be paid by the owner of a nuisance dwelling for each other dwelling owned by such owner which has within the same 12-month period been found upon inspection to be in violation of any applicable safety code. Such sum sha11 be used by the City to pay for inspections of such other dweliings together with the legal, administrative and other enforcement costs incuned by the City in so doing. Sec. 42.05. Violations during period of registration. (a) Continuation of registration. If the fire chief finds, upon one or more inspections, that any registered nuisance dwelling has one or more violations of a safety code, the registration shall be confinued for an additional consecu6ve 12-month period of registration, and the owner sha11 pay an additionai $250 registration fee as provided in section 42.04 above. (b) Nuisance abatement procedures. If the fire chief finds, upon one or more inspecrions, that any registered nuisance dwelling (i) has one or more substanrial violations of a safety code, or (ii) while regystered has a documented and confirmed history as a blighting influence on the community, or (iii) has persistent and continuous violations of the provisions of an applicable safeTy code even though not substantial, or (iv) during the second 12-month period of registration, has any violation of a safety code, then such dwelling sha11 be (i) deemed to be a nuisance under chapter 45 of the Legislative Code, and subject to all enforcement and abatement procedures provided thereunder, and (ii) subject to a11 enforcement and remedial measures which may be applicable under law or ordinance, including acquisition by eminent domain to the e�ent authorized by law. Sec. 42.06. No violarions during period of registrafion. If the fire chief does not fmd, during any 12-month period of registrauon as a nuisance dwelling, any violations of a safety code, then the dwelling shall no longer be deemed to be � /zi�/�� 1 registered at the end of such 12-month period. 2 3 Sec. 42.07. Public list. 4 c��l - �`-�� 5 The fire chief shall maintain a current list, updated weekly, of the addresses of all 6 registered nuisance dwellings, together with, if available, the name of the owner thereof, his or 7 her address and telephone number. Such list shall be public information as and to the extent 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 provided by law. Sec. 42.08. Alternative procedures. Nothing in this chapter sha11 be deemed to supersede, amend or modify any other provision of the Legislative Code or any safety code. This chapter is supplementary and in aid of e�sting law, and is not intended to provide an exclusive remedy. Section 2 Section 33.05 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 33.05. Certificate of occupancy. (A) Use or Occupancy: No building or structure in Crroup A(Assembly), B(Business), B-4M (Mercantile), E(Education), F(Factory), I(Institutional), H(Hazardous), R-1 (Mulrifamily Residential), nuisance dwelling as defined in. and to the extent and for the periods required_ in chapter 42 of the Leeislative Code. or S(Storage) occupancies sha11 be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the fire marshal has issued a certificate of occupancy therefor as provided herein. (B) Change in Use: Changes in the character or use of a building shall not be made without the approval of the build'mg official and the fire mazshal, and the building may be occupied for purposes in other groups provided the new or proposed use is less hazardous, based on life and fue risk, than the existing use. (C) Certificate Issued.• After final inspection by the building official, when it is found that the building or structure complies with the provisions of this Code, the fire marshal shall issue a certificate of occupancy. (D) Existing Buildings: Every building except one- and two-family dwellings which are not nuisance dwellings as defined in and for the periods required b�pter 42 of the Legislative Code and residential garages heretofore erected shall have a certificate of occupancy issued by the division of fire prevention and posted on the premises. Before such a certificate can be issued, such buildings shall be inspected by the division and found to conform to the requirements of the building code at the time of conshuction or at the time of conversion to its present use and to the provisions of the Saint Paul Legislative Code; except that energy efficient standazds in rental dwellings and multiple dwellings sha11 be enforced on complaint basis only. No building which is required to have a certificate of occupancy shall continue to be occupied without such certificate. (E) Renewal Required: An inspection sha11 be scheduled by the division of a11 buildings of Group A(Assembly), E(Education), I(Institutional), H(Hazazdous), and B(Business), M :� 1ii��zl��T 1 (Mercantile), S(Storage), F(Factory) occupancies which have a certificate of occupancy, ��— �� a\ 2 excepting light hazard occupancy which shall be scheduled for inspection every two (2) years. 3 Inspecfions shall be scheduled by the division on a rivo-year cycle for all buildings of R-1 4 occupancy which have a certificate of occupancy. InsDections shall be scheduled on a one-y� 5 cycle for a11 nuisance dwellings as defined in and duting the �eriods req,uired bX chapter 42 of 6 the Le islarive Code. If it is found that such buildings do not conform to the applicable 7 requirements, the certificate of occupancy may be revoked and the building shall not be occupied 8 until such time as the building is again brought into compliance with such requirements. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (F) Fees for Certificate of Decupancy: (1) Original issue, new buildings. There shall be no fee charged for an issuance of the certificate of occupancy for new buildings at the completion of their conshuction covered by a building permit. (2) Renewal fee for R-1 occupancies. Nine dollars ($9.00) per residential unit, minimum fee one hundred dollazs ($100.00), ma�cimum fee three hundred seventy dol]ars ($370.00). The fee chazged for inspections of nuisance dwellings as defined in section 42 Ol(�l of the Legislative Code sha11 be in an amount as established bv the fire mazshal to recover the costs of the ins�ections. (3) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Hazardous), F (Factory), M(Mercantile), S(Storage) and B(Business) occupancies. Seven dollars ($7.00) per one thousand (1,000) square feet, minimuxn fee seventy-five dollars ($75.00), maximum fee three hundred seventy dollars ($370.00). (4) Reinspection fee. The renewal fee established in subsections (2) and (3) above allows for one (1) inspecfion and one (1) reinspection for the renewal of the certificate of occupancy. A reinspection fee of fifty (50) percent of the renewal fee shall be levied for each additional reinspection required of nonconforming occupancies. (5) Referral reinspection fee. Whenever a written cozrection order is issued to the owner or responsible agent of the owner for a violation of this code and after a reasonable time for compliance has elapsed, a reinspection sha11 be made. If the violation has not been cortected at the time of the reinspection, a refenal reinspection fee of fifty dollazs ($50.00) shall be collected for every subsequent reinspection until the violation is corrected. (6} Partial certificate of occupancy fee. Notwithstanding subsection (i) of this pazagraph (F), a fee of one hundred dollars ($100.00) will be charged for each partial certificate of occupancy requested. The issuance of a partial certificate of occupancy is at the discre6on of the building ofFicial and the portion of the building covered by the certificate must be legally completed and ready to occupy along with a11 other life and safety requirements. (7) No entry fee. A no entry fee of fifty dollazs ($50.00) shall be assessed to the renewai fee and collected whenever an owner or responsible agent of the owner has been notified in writing of the date and time for a certificate of occupancy 5 t�3 nlglqj ��—��\ 1 renewal inspection, or any other reinspection, and the owner or responsible agent 2 of the owner fails to notify the fire marshal's office in writing, by at least 8:00 3 a.m. on the date of the scheduled inspection, of an alternate date and time for the 4 inspection or reinspection when the owner or responsible agent of the owner will 5 6 appearfortheinspecuon. 7 (8) Discounted fee. Whenever a certificate of occupancy renewal inspection finds no 8 violations of any applicable code, the renewal fees set forth in subsections (2) and 9 (3) of this pazagraph shall be discounted twenty-five (25} percent. 10 11 12 13 14 15 16 17 18 19 20 21 (9) Late fees. A late fee shall be chazged and collected whenever the owner or responsible agent for the owner makes application for certificate renewal after the expiration date of such certificate. Sepazate late fees shall also be charged and collected whenever the owner or responsible agent for the owner pays late any other fees due and payable under this section. All late fees shall be ten (10) percent of the certificate renewal fee. A late fee sha11 accrue for each thirfy-day period or portion thereof which has elapsed after the expiration date of the certificate or the date of inspection on which the underlying fee is based. In no event shall any one (1) late fee exceed fifiy (50) percent of the certificate renewal fee. The late fee(s) shall be in addition to any other fee or payment required. 22 (G) Exceptions: The fees for the certificate of occupancy and inspection aze provided in 23 section 33.04(H)(4)(c) and paragraph (F) of this section shall be required on buildings owned and 24 occupied by any governmental agency, including county and state governmental agencies. The 25 City of Saint Paul, and any other agencies specifically exempted from such fees under state law, 26 sha11 be exempt from payment of such fees. DIIRI teuerv 27 as 29 30 31 32 Section 3 JAk� 17 199� This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Reguested by Department of: By' Form ApQroved by By: Adoption Certified by Council Secretasy By: `` \ � Approved by Mayor: Date By: to Council 0 Adopted by Council: Date f��`�-��.°�,�� ___ __ _ _. .__.____ . _ . 97-Iyz/ ARTMENT/OFFICHCOUNCIL OATE WRIATFD crrY cou�vcu. November 19 �sm GREEN SHEET No 6'�6"�4 iTACT PH2SON 8 PHO�JE initi.�� inphYwN Councilmember Jerty Blakey 6-8610 �, �.� 7 BE ON COUNCIL AGENOA BY (OATE) AS41c11 NUYBHtPoR ❑tlIYATTOWEY a1YRIDtlt RWi1NG �� ❑NMNC4LaEqNCFfaR HMY1CMLaFM/�OCfo ❑ 116Y01[IOR�liflilYR) ❑ TOTAL � OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Provides for the enforcement of health and safety codes in non owner occupied 1 and 2 family dwellings. PLANNING CAMMISSION CIB COMMIT'TEE CML SERVICE CAMMISSION ny_�JO.a1,a.7 tiae thie PeisoNfiim e�er vrorked under a�6a� torthis department7 YES NO H0s thie P��Im ever been a Wty empbyce? YES NO ooes mie aa�m� ao�sess a san �m n«nwb� br �y a,rrem car enwbveea YES No �s mia a�saMrm a feroe�ed venaa? YES NO �lain all ves arex�s m seoerete sheet and attach to afeen Sheet CiiiV'E�S� 4�b�t'�ti Cd�i�' NOV 2 � 1JS7 AMOUNT OF TRANSACTON COS7IREVR7UE HUD6EfED (qRCLE ONE) ACTMTYNUMBER ��' � �o s-r- 9'7 -�yt� A bill for an Act providing the housing and redevelopment authority of the city of Saint Paul, Mivuesota, with the authority to acquire certain nuisance dwel. by eminent domain and exercise other lawful pow 13 14 15 16 17 18 14 BE IT ENACTED BY THE LEGISLATURE OF TI� STATE OF MIP4NESOTA: Sec. 1. Nuisance dwellings. Notwithstanding the contrary, the housing and redvelopment authority of the city authorized to exercise all powers it may haue under with respect to real property which is a nuisance Paul, Minnesota, is hereby Statutes 1996, section 469.012, as deternuned under the criteria provided by ordinance. Sec. 2. Effective date; local approval. by a majority of the gveroning body of the provisions of Minnesota Statutes 1996, act sha11 become effective upon its approval of Saint paul and upon compliance with the 645.021. of any law or charter to the �' CiITY OI+` SAINT PAUL i3;:`a� '" " OFFICE OF THE CITY COUNCII. JERRY BLAKEY Counc�lmember MEMORANDUM December 10, 1497 TO: Council President Dave Thune Councilmember Daniel Bostr�m Councilmember Joseph Collins Councilmember Roberta Megard Councilmember Gladys Morton FROM: Counciimember Jerry Blakey Councilmember Michaei Harris RE: CITY COUNCIL AGENDA TTEiVI #3�- �F 3Cp Please find attached a substitute ordinance for #36 on the Council Agenda that is scheduled for public hearing today. Our offices have worked with Peter Hames and Roger Curtis from the Mayor's Office to draft an ordinance that addresses both the Mayor's and our concerns regarding problem properties. Peter Hames and Roger Curtis will be availabie £or the public hearing to discuss the changes. attachment cc: Mayor Coleman Nancy Anderson Roger Curtis Peter Hames CITY HALL THIRD FLOOR SAINT PAUL, MINNESOTA 55102 622/266-8610 5�46 ^rMteC on Recycled Paper Council File # �� Z Ordinance # Green Sheet # G d G3 Presented By ORDIIVANCE CITY OF SAWT PEltlL, 11 • 36 Date Referred To codes dwellings. An ordinance to proti enforcement of heatth and in non-owner-occupied 1 and � THE COUNCIL OF THE CITY OF SAINT P •'�� 1 A new chapter 42 of the Saint Paul Leg�fslative Code is hereby enacted to read as follows: Chapter 42 ertain Nuisance Dwellings. Sec. 42.01. DeTinitions. Unless otherwise expres stated, the following terms shall, for the purposes of this chapter 42, have the meanings ' dicated in this section. (1) Dwelling. Any o e- or two-family rental dwelling of R-3 occupancy as set forth in section 33.05 of the Legis ative Code, which is not occupied by the owner thereo£ Awelling includes both the buildi or structure and the land upon which it is located. (2) Nuisance welling. Any dwelling which has been found, upon inspection by the fire mazshal, to be in ' lation of any provision of any applicable safety code on four separate dates in any 12-month eriod. (3) Fir marshal. Fire marshal includes the official appointed as fire marshal, and also any inspecto under his or her supervision and control, and also includes any city officer or employee arged with responsibility for the enforcement of a safety code. 4) Safety code. Safery code includes any fire, housing, health, safety or other similar code, w and ordinance, promulgated or enacted by the United States, the State of Minuiesota, the ounty of Ramsey and the City of Saint Paul, or any lawful agency ar department thereof, w'ch are applicable to a dwelling in such City. Safety code includes, without any limitafion of e foregoing sentence as a result of this specification, the provisions of chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. � rr�i�ly? 1 � �/�� 1 (5) Ownen The owner is the person, firm, corporation or other entity listed in the records 2 on file in the recorder's office as holding fee titie to the dwelling, or if not so listed, then as a 3 purchaser by contract far deed. If no such person is so listed, the owner for the purposes of this 4 chapter 42 sha11 be any adult occupant of the dwelling. 5 6 (6) Recorder's office. The recorder's office is the Ramsey County Department of Property 7 Records and Ta�carion, or its division which maintains title and property records, and any successor agency or department thereof. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4�1 45 46 47 48 49 (7) Substantial violation of a safety code. A substautial violation of a safety co e is one whose e�stence reasonably could be foreseen to cause, or the naturai and foreseeab consequence of whose e�stence when not corrected or abated is to cause, serious ' jury or death to individuals andJor substantial damage to their real or personal property. Sec. 42.02 Registration of a nuisance dwelling. Any dwelling meeting the definition of a nuisance dwelling sha be deemed on the date of the 4"' inspection in such 12-month period to be registered as a nu�ce dwelling, and subject to the additional provisions of this chapter, including the payment o a registration fee. Such registration shall remain in effect for a 12-month registration as a nuisance building. Sec. 42.03. Multiple dwellings. If the owner of a registered nuisance dwel of Saint Paul, each other dwelling so owned shall registered as such on the same date as the first, bi month period been found upon inspection to be � such dwellings which are deemed to be additi a the provisions of this chapter, and to the pa ent additional registrations shall also remain i effect 42.02. Sec. 42.04. Registration fee. (a) Initial payment. the City of Saint Paul, pay the last known address of 1 misdemeanor. beginning on the date of owns other dweilings within the City ed to be a nuisance dwelling and t�oniy if such building has within the same 12- violation of any applicable safety code. All of nuisance dwellings shall be subject to all of of a separate registration fee for each. Such for a 12-month period as provided in section The o er of a nuisance dwelling shall be obligated to pay $250 to �ble thin 15 days following the date of mailing of written notice to i owner that such dwelling is a nuisance. Failure to do so sha11 be a (b) Recover ac al costs. The fee shall be used for recovery of the City's actual costs in enforcement of this pter. The fire marshal shall from time to time determine whether such fee fully reimburses City for its costs in responding to complaints, costs of inspections and administration, well as costs of enforcement including inspectors and attorneys, for the period of time coveri g the four violations and the succeeding 12-month period of registration as a nuisance dw llin�. Additional fee for multiple dwellings. An additional $250 fee shall be paid by the � ��/l7/�� 47-/yz� 1 owner of a nuisance dwelling for each other dwelling owned by such owner which has within the 2 same 12-month period been found upon inspection to be in violation of any applicable safety 3 code. Such sum sha11 be used by the City to pay for inspections of such other dwellings together 4 with the legal, administrative and other enforcement costs incurred by the City in so doing. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2s3 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 42.05. Violations during period of registration. (a) Continuation of registration. If the fire mazshal finds, upon one or more inspecrions, that any registered nuisance dwelling has one or more violations of a safety code, the r�gistrafic shall be continued for an additionai consecutive 12-month period of registration, and�the owner shall pay an additional $250 registration fee as provided in section 42.04 above. � (b) Nuisance abatement procedures. If the fire marshal finds, upon inspections, that any registered nuisance dwelling O has one or more substantial violations of a safety code, or (ii} while registered has a documented and confumed the community, or (iii) has persistent and continuous violations of the code even though not substantial, or (iv) during the second 12-month period of more a blighting influence on of an applicable safety has any violation of a safety code, then such dwelling shall be (i) deemed to be a nuis ce under chapter 45 of the Legislative Code, and subj ect to a11 enforcement and abatement proc dures provided thereunder, and (ii) subj ect to a11 enforcement and remedial measures which m y be applicable under law or ordinance, including acquisition by eminent domain to th extent authorized by law. Sec. 42.06. No violations during period o registra6on. If the fire mazshal does not find uring any 12-month period of registration as a nuisance dwelling, any violations of a safety c e, then the dwelling sha11 no longer be deemed to be registered at the end of such 12-mo period. Sec. 42.07. Public list. The fire marshal registered nuisance dwe her address and telephox provided by law. f Sec. 42.08. iaj�i" maintain a current list, updated weekly, of the addresses of all p�gs, together with, if available, the name of the owner thereof, his or number. Such list shall be public information as and to the extent procedures. NotYu in this chapter shall be deemed to supersede, amend or modify any other provision o e Legislative Code or any safety code. This chapter is supplementary and in aid of existing 1 and is not intended to provide an exclusive remedy. ,� «�o�/�, 97�/�z� � 2 3 4 5 6 7 8 9 10 11 12 13 Section 2 This ordinance shall take effect and be in force thirry (30) days approval and publication. Requested by Depastment of: ay: Adopted by Conncil: Date Adoption Certified by Cou Hy: Approved by Mayor: Secretary its passage, Porm App e�d by City orney BY: J � . ytct i� �7 �1 Approved by Mayor for Submission to Council Hy: By: �,� �a �.� � � C N � � N U C ca � .� Z � N � N � N .� N W I.J� L � U � Q � U U � 4— O N - � U �1�- � � U L � � N U 0 ^ L L.1� : � � � O U � o� � U L � N � h .� ,� � Z o C6 �n y N � �? � � o�w �� U�] � 2 w o o_o ��v N O m � U � °°L j `3 � O O 0 � o� � U C � 7 � v °� O U � o -m o � od'� oVch� N �' N � L j � r � � �� Q U � o�� o U`'o a U � Z � � a � O U h � c � N > � U O � v w � w U � , �.. JERRY BLAKEY Counciimember December 17, 1997 TO: FROM: ! �� Mayor Norm Coleman MEMORANDUM �� Council President Dave Thune Councilmember Daniel Bostrom Counciimember Joseph Coliins Councilmember Michael Harris Councilmember Roberta Megard Councilmember Gladys Morton Councilmember Jerry Blakey ]�v [� Justi�cation of the Ordinance to Provide for Enforcement of Health and Safety Codes in Non-Owner Occupied Once and Two Family Dwellings On Council Agenda Monday,l2l22J97 This program's goal is to protect the health, safety and welfare of the City populace at lazge, and is not limited to any geographical area of the City. It is appazent that it is necessary to develop a complaint- based ordinance because of the estimated number of one and two nonowner occupied dwellings in the City of Saint Paul. It is estimated that there are approximately 9,000 properties that would require an additional five inspectars and two clerical FTE's to implement a systematic, comprehensive and aeographical-based inspection program. Because ofthe limited resources that the City has, based on budget constraints, it is not financially possible to do the mandatory inspection of all 9,000 buildings. It is tbe legislative judgment that buildings that have four violations of codes within one 12-month period are most likely to be those that are in need of closer City supervision. According to Property Code Enforcement's 1998 activity performance plan, their goal is to case manage chronic problem properties. Their 1998 objective is to identify and target those properties which generate repeat complaints, calls for service and which comprise continual nuisance and eyesores in residential neighborhoods. The number of case-managed properties in 1995 was 208. In 1946, it was 330 and it is estimated that in 1998, there wili be somewhere in the neighborhood of 200. Given these statistics, the City can effectively enforce this nuisance properiy ordinance within its current resources. In addition, ihe City's Community Housing Action Plan includes supporting objectives for focused enforcement. This program will respond immediately to complaints and it a better approach than a ten-year, geographically-based inspection program. This ordinance does not create unrealistic expectations. JB/tb attachment CITY HALL CITY OF SAII�TT P�UL OFFICE OF THE CITY COUNCIL "PAIRD FLOOR SAINT PAL'L, MINNES07A �5102 6L %266-8610 5�46 ?�.'�n?ztl on Rerycled PaFer �L CounCil File # l t — �`-y � � ordinance # Green Sheet # �� S ��s�:�w\�� , �� \O I� t ORDINANCE Presented By Referred To 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 An ordinance to provide for enforcement of health and safety codes in non-owner-occupied 1 and 2 family dwellings. THE COUNCIL OF THE CITY OF SAINT PAUL AOES 012DA1N: Section 1 A new chapter 42 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 42. Certain Nuisance Dwellings. Sec. 42.01. Defmitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter 42, have the meanings indicated in this section. (1) Dwelling. Any one- or two-family rental dwelling . , which is not occupied by the owner thereof. Dwelling includes both the building or structure and the land upon which it is located. (2) Nuisance dwelling. Any dwelling which has been found, upon inspection by the fire chief �, to be in violation of any provision of any applicable safety code on four separate dates in any 12-month period. (3) Fire chie �ssarskc�d. Fire chief n�arsha� includes the said chief, as well as the official appointed as fire marshal, and also any inspector under his or her supervision and control, and aiso includes any city officer or employee charged with responsibility for the enforcement of a safety code. (4) Safety code. Safety code includes any fire, housing, heaith, safety or other similar code, law and ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and the City of Saint Paul, or any ]awful agency or depariment thereof, which are applicable to a dwelling in such City. Safety code includes, without any limitation of the foregoing sentence as a result of this specification, the provisions of chapters 33, 34, 43 45, �� / 49 55, 56 and 58 of the Legislative Code. �' �/ � CITY OF SAINT PAUL, MINNESOTA .�� °t� - 1 �l �,1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (5) Owner. The owner is the person, firm, corporation or other entity listed in the records on file in the recorder's office as holding fee title to the dwelling, or if not so listed, then as a purchaser by contract for deed. If no such person is so listed, the owner for the purposes of this chapter 42 shall be any adult occupant of the dwelling. (6) Recorder's office. The recozder's office is the Ramsey County Department of Property Records and Tasation, or its division which maintains title and properry records, and any successor agency or department thereof. . � � � � � � . � � �.- . .� .. �� . �.- .�- - . . � . � . - � . �.- --- -.- -:-- -:.:::: --. : :- . - - - Sec. 42.02 Registration of a nuisance dwelling. �a, Registration. Any dwelling meeting the definition of a nuisance dwelling shall be deemed on the date of the 4`" inspection in such 12-month period to be registered as a nuisance dwelling, and subject to the additional provisions of this chapter, including the payment of a registration fee. Such registration sha11 remain in effect for a 12-month period beginning on the date of registration as a nuisance building. (b). Additional requirements. Any dwelling deemed registered as provided in subsecfion (al above shall also be subject to the requirements of section 33.05 of the Legislative Code relatin� to occupanc�so lon as it is registered and far a period of 12 months after registration terminates. Such re�istered nuisance dwelling shall be required to have a certificate of occupancy issued by the fire chief within 12 months after the date on which it is deemed registered. Failure to have such certificate issued within such 12 months shall subject such dwelling and its owner or owners to ali enforcement and remedial measures which may be a�plicable under law or ordinance. Sec. 42.03. Multiple dwellings. If the owner of a registered nuisance dwelling also owns other dwellings within the CiTy of Saint Paul, each other dwelling so owned shall be deemed to be a nuisance dwelling and registered as such on the same date as the first, but only if such building has within the same 12- month period been found upon inspection to be in violation of any applicable safety code. All of such dwellings which aze deemed to be additional nuisance dwellings shall be subject to all of the provisions of this chapter, and to the payment of a sepazate registration fee for each. Such additional registrarions sha11 also remain in effect for a 12-month period as provided in section 42.02. The additional requirements in secfion 42A2�b1 above shall also ap�lv to such other dwellin� as aze deemed under this section to be nuisance dwellin *�s, � ��q(q1 2 2 � 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 42.OA. Registration fee. �� —, y�- 4 (a) Initial payment. The owner of a nuisance dwelling shall be obligated to pay $250 to the Ciry of Saint Paul, payable within 15 days following the date of mailing of written notice to the last known address of the owner that such dwelling is a nuisance. Failure to do so shall be a misdemeanor. (b) Recover actual costs. The fee shall be used for recovery of the City's actual costs in enforcement of this chapter. The fire chief shall from time to time deteriuine whether such fee fully reiunburses the City for its costs in responding to complaints, costs of inspections and adminislrafion, as well as costs of enforcement including inspectors and attomeys, for the period of time covering the four violafions and the succeeding 12-month period of registration as a nuisance dwelling. (c) Additional fee for multiple dwellings. An additional$250 fee shall be paid by the owner of a nuisance dwelling for each other dwelling owned by such owner which has within the same 12-month period been found upon inspection to be in violation of any applicable safety code. Such sum sha11 be used by the City to pay for inspections of such other dweliings together with the legal, administrative and other enforcement costs incuned by the City in so doing. Sec. 42.05. Violations during period of registration. (a) Continuation of registration. If the fire chief finds, upon one or more inspections, that any registered nuisance dwelling has one or more violations of a safety code, the registration shall be confinued for an additional consecu6ve 12-month period of registration, and the owner sha11 pay an additionai $250 registration fee as provided in section 42.04 above. (b) Nuisance abatement procedures. If the fire chief finds, upon one or more inspecrions, that any registered nuisance dwelling (i) has one or more substanrial violations of a safety code, or (ii) while regystered has a documented and confirmed history as a blighting influence on the community, or (iii) has persistent and continuous violations of the provisions of an applicable safeTy code even though not substantial, or (iv) during the second 12-month period of registration, has any violation of a safety code, then such dwelling sha11 be (i) deemed to be a nuisance under chapter 45 of the Legislative Code, and subject to all enforcement and abatement procedures provided thereunder, and (ii) subject to a11 enforcement and remedial measures which may be applicable under law or ordinance, including acquisition by eminent domain to the e�ent authorized by law. Sec. 42.06. No violarions during period of registrafion. If the fire chief does not fmd, during any 12-month period of registrauon as a nuisance dwelling, any violations of a safety code, then the dwelling shall no longer be deemed to be � /zi�/�� 1 registered at the end of such 12-month period. 2 3 Sec. 42.07. Public list. 4 c��l - �`-�� 5 The fire chief shall maintain a current list, updated weekly, of the addresses of all 6 registered nuisance dwellings, together with, if available, the name of the owner thereof, his or 7 her address and telephone number. Such list shall be public information as and to the extent 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 provided by law. Sec. 42.08. Alternative procedures. Nothing in this chapter sha11 be deemed to supersede, amend or modify any other provision of the Legislative Code or any safety code. This chapter is supplementary and in aid of e�sting law, and is not intended to provide an exclusive remedy. Section 2 Section 33.05 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 33.05. Certificate of occupancy. (A) Use or Occupancy: No building or structure in Crroup A(Assembly), B(Business), B-4M (Mercantile), E(Education), F(Factory), I(Institutional), H(Hazardous), R-1 (Mulrifamily Residential), nuisance dwelling as defined in. and to the extent and for the periods required_ in chapter 42 of the Leeislative Code. or S(Storage) occupancies sha11 be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the fire marshal has issued a certificate of occupancy therefor as provided herein. (B) Change in Use: Changes in the character or use of a building shall not be made without the approval of the build'mg official and the fire mazshal, and the building may be occupied for purposes in other groups provided the new or proposed use is less hazardous, based on life and fue risk, than the existing use. (C) Certificate Issued.• After final inspection by the building official, when it is found that the building or structure complies with the provisions of this Code, the fire marshal shall issue a certificate of occupancy. (D) Existing Buildings: Every building except one- and two-family dwellings which are not nuisance dwellings as defined in and for the periods required b�pter 42 of the Legislative Code and residential garages heretofore erected shall have a certificate of occupancy issued by the division of fire prevention and posted on the premises. Before such a certificate can be issued, such buildings shall be inspected by the division and found to conform to the requirements of the building code at the time of conshuction or at the time of conversion to its present use and to the provisions of the Saint Paul Legislative Code; except that energy efficient standazds in rental dwellings and multiple dwellings sha11 be enforced on complaint basis only. No building which is required to have a certificate of occupancy shall continue to be occupied without such certificate. (E) Renewal Required: An inspection sha11 be scheduled by the division of a11 buildings of Group A(Assembly), E(Education), I(Institutional), H(Hazazdous), and B(Business), M :� 1ii��zl��T 1 (Mercantile), S(Storage), F(Factory) occupancies which have a certificate of occupancy, ��— �� a\ 2 excepting light hazard occupancy which shall be scheduled for inspection every two (2) years. 3 Inspecfions shall be scheduled by the division on a rivo-year cycle for all buildings of R-1 4 occupancy which have a certificate of occupancy. InsDections shall be scheduled on a one-y� 5 cycle for a11 nuisance dwellings as defined in and duting the �eriods req,uired bX chapter 42 of 6 the Le islarive Code. If it is found that such buildings do not conform to the applicable 7 requirements, the certificate of occupancy may be revoked and the building shall not be occupied 8 until such time as the building is again brought into compliance with such requirements. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (F) Fees for Certificate of Decupancy: (1) Original issue, new buildings. There shall be no fee charged for an issuance of the certificate of occupancy for new buildings at the completion of their conshuction covered by a building permit. (2) Renewal fee for R-1 occupancies. Nine dollars ($9.00) per residential unit, minimum fee one hundred dollazs ($100.00), ma�cimum fee three hundred seventy dol]ars ($370.00). The fee chazged for inspections of nuisance dwellings as defined in section 42 Ol(�l of the Legislative Code sha11 be in an amount as established bv the fire mazshal to recover the costs of the ins�ections. (3) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Hazardous), F (Factory), M(Mercantile), S(Storage) and B(Business) occupancies. Seven dollars ($7.00) per one thousand (1,000) square feet, minimuxn fee seventy-five dollars ($75.00), maximum fee three hundred seventy dollars ($370.00). (4) Reinspection fee. The renewal fee established in subsections (2) and (3) above allows for one (1) inspecfion and one (1) reinspection for the renewal of the certificate of occupancy. A reinspection fee of fifty (50) percent of the renewal fee shall be levied for each additional reinspection required of nonconforming occupancies. (5) Referral reinspection fee. Whenever a written cozrection order is issued to the owner or responsible agent of the owner for a violation of this code and after a reasonable time for compliance has elapsed, a reinspection sha11 be made. If the violation has not been cortected at the time of the reinspection, a refenal reinspection fee of fifty dollazs ($50.00) shall be collected for every subsequent reinspection until the violation is corrected. (6} Partial certificate of occupancy fee. Notwithstanding subsection (i) of this pazagraph (F), a fee of one hundred dollars ($100.00) will be charged for each partial certificate of occupancy requested. The issuance of a partial certificate of occupancy is at the discre6on of the building ofFicial and the portion of the building covered by the certificate must be legally completed and ready to occupy along with a11 other life and safety requirements. (7) No entry fee. A no entry fee of fifty dollazs ($50.00) shall be assessed to the renewai fee and collected whenever an owner or responsible agent of the owner has been notified in writing of the date and time for a certificate of occupancy 5 t�3 nlglqj ��—��\ 1 renewal inspection, or any other reinspection, and the owner or responsible agent 2 of the owner fails to notify the fire marshal's office in writing, by at least 8:00 3 a.m. on the date of the scheduled inspection, of an alternate date and time for the 4 inspection or reinspection when the owner or responsible agent of the owner will 5 6 appearfortheinspecuon. 7 (8) Discounted fee. Whenever a certificate of occupancy renewal inspection finds no 8 violations of any applicable code, the renewal fees set forth in subsections (2) and 9 (3) of this pazagraph shall be discounted twenty-five (25} percent. 10 11 12 13 14 15 16 17 18 19 20 21 (9) Late fees. A late fee shall be chazged and collected whenever the owner or responsible agent for the owner makes application for certificate renewal after the expiration date of such certificate. Sepazate late fees shall also be charged and collected whenever the owner or responsible agent for the owner pays late any other fees due and payable under this section. All late fees shall be ten (10) percent of the certificate renewal fee. A late fee sha11 accrue for each thirfy-day period or portion thereof which has elapsed after the expiration date of the certificate or the date of inspection on which the underlying fee is based. In no event shall any one (1) late fee exceed fifiy (50) percent of the certificate renewal fee. The late fee(s) shall be in addition to any other fee or payment required. 22 (G) Exceptions: The fees for the certificate of occupancy and inspection aze provided in 23 section 33.04(H)(4)(c) and paragraph (F) of this section shall be required on buildings owned and 24 occupied by any governmental agency, including county and state governmental agencies. The 25 City of Saint Paul, and any other agencies specifically exempted from such fees under state law, 26 sha11 be exempt from payment of such fees. DIIRI teuerv 27 as 29 30 31 32 Section 3 JAk� 17 199� This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Reguested by Department of: By' Form ApQroved by By: Adoption Certified by Council Secretasy By: `` \ � Approved by Mayor: Date By: to Council 0 Adopted by Council: Date f��`�-��.°�,�� ___ __ _ _. .__.____ . _ . 97-Iyz/ ARTMENT/OFFICHCOUNCIL OATE WRIATFD crrY cou�vcu. November 19 �sm GREEN SHEET No 6'�6"�4 iTACT PH2SON 8 PHO�JE initi.�� inphYwN Councilmember Jerty Blakey 6-8610 �, �.� 7 BE ON COUNCIL AGENOA BY (OATE) AS41c11 NUYBHtPoR ❑tlIYATTOWEY a1YRIDtlt RWi1NG �� ❑NMNC4LaEqNCFfaR HMY1CMLaFM/�OCfo ❑ 116Y01[IOR�liflilYR) ❑ TOTAL � OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Provides for the enforcement of health and safety codes in non owner occupied 1 and 2 family dwellings. PLANNING CAMMISSION CIB COMMIT'TEE CML SERVICE CAMMISSION ny_�JO.a1,a.7 tiae thie PeisoNfiim e�er vrorked under a�6a� torthis department7 YES NO H0s thie P��Im ever been a Wty empbyce? YES NO ooes mie aa�m� ao�sess a san �m n«nwb� br �y a,rrem car enwbveea YES No �s mia a�saMrm a feroe�ed venaa? YES NO �lain all ves arex�s m seoerete sheet and attach to afeen Sheet CiiiV'E�S� 4�b�t'�ti Cd�i�' NOV 2 � 1JS7 AMOUNT OF TRANSACTON COS7IREVR7UE HUD6EfED (qRCLE ONE) ACTMTYNUMBER ��' � �o s-r- 9'7 -�yt� A bill for an Act providing the housing and redevelopment authority of the city of Saint Paul, Mivuesota, with the authority to acquire certain nuisance dwel. by eminent domain and exercise other lawful pow 13 14 15 16 17 18 14 BE IT ENACTED BY THE LEGISLATURE OF TI� STATE OF MIP4NESOTA: Sec. 1. Nuisance dwellings. Notwithstanding the contrary, the housing and redvelopment authority of the city authorized to exercise all powers it may haue under with respect to real property which is a nuisance Paul, Minnesota, is hereby Statutes 1996, section 469.012, as deternuned under the criteria provided by ordinance. Sec. 2. Effective date; local approval. by a majority of the gveroning body of the provisions of Minnesota Statutes 1996, act sha11 become effective upon its approval of Saint paul and upon compliance with the 645.021. of any law or charter to the �' CiITY OI+` SAINT PAUL i3;:`a� '" " OFFICE OF THE CITY COUNCII. JERRY BLAKEY Counc�lmember MEMORANDUM December 10, 1497 TO: Council President Dave Thune Councilmember Daniel Bostr�m Councilmember Joseph Collins Councilmember Roberta Megard Councilmember Gladys Morton FROM: Counciimember Jerry Blakey Councilmember Michaei Harris RE: CITY COUNCIL AGENDA TTEiVI #3�- �F 3Cp Please find attached a substitute ordinance for #36 on the Council Agenda that is scheduled for public hearing today. Our offices have worked with Peter Hames and Roger Curtis from the Mayor's Office to draft an ordinance that addresses both the Mayor's and our concerns regarding problem properties. Peter Hames and Roger Curtis will be availabie £or the public hearing to discuss the changes. attachment cc: Mayor Coleman Nancy Anderson Roger Curtis Peter Hames CITY HALL THIRD FLOOR SAINT PAUL, MINNESOTA 55102 622/266-8610 5�46 ^rMteC on Recycled Paper Council File # �� Z Ordinance # Green Sheet # G d G3 Presented By ORDIIVANCE CITY OF SAWT PEltlL, 11 • 36 Date Referred To codes dwellings. An ordinance to proti enforcement of heatth and in non-owner-occupied 1 and � THE COUNCIL OF THE CITY OF SAINT P •'�� 1 A new chapter 42 of the Saint Paul Leg�fslative Code is hereby enacted to read as follows: Chapter 42 ertain Nuisance Dwellings. Sec. 42.01. DeTinitions. Unless otherwise expres stated, the following terms shall, for the purposes of this chapter 42, have the meanings ' dicated in this section. (1) Dwelling. Any o e- or two-family rental dwelling of R-3 occupancy as set forth in section 33.05 of the Legis ative Code, which is not occupied by the owner thereo£ Awelling includes both the buildi or structure and the land upon which it is located. (2) Nuisance welling. Any dwelling which has been found, upon inspection by the fire mazshal, to be in ' lation of any provision of any applicable safety code on four separate dates in any 12-month eriod. (3) Fir marshal. Fire marshal includes the official appointed as fire marshal, and also any inspecto under his or her supervision and control, and also includes any city officer or employee arged with responsibility for the enforcement of a safety code. 4) Safety code. Safery code includes any fire, housing, health, safety or other similar code, w and ordinance, promulgated or enacted by the United States, the State of Minuiesota, the ounty of Ramsey and the City of Saint Paul, or any lawful agency ar department thereof, w'ch are applicable to a dwelling in such City. Safety code includes, without any limitafion of e foregoing sentence as a result of this specification, the provisions of chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. � rr�i�ly? 1 � �/�� 1 (5) Ownen The owner is the person, firm, corporation or other entity listed in the records 2 on file in the recorder's office as holding fee titie to the dwelling, or if not so listed, then as a 3 purchaser by contract far deed. If no such person is so listed, the owner for the purposes of this 4 chapter 42 sha11 be any adult occupant of the dwelling. 5 6 (6) Recorder's office. The recorder's office is the Ramsey County Department of Property 7 Records and Ta�carion, or its division which maintains title and property records, and any successor agency or department thereof. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4�1 45 46 47 48 49 (7) Substantial violation of a safety code. A substautial violation of a safety co e is one whose e�stence reasonably could be foreseen to cause, or the naturai and foreseeab consequence of whose e�stence when not corrected or abated is to cause, serious ' jury or death to individuals andJor substantial damage to their real or personal property. Sec. 42.02 Registration of a nuisance dwelling. Any dwelling meeting the definition of a nuisance dwelling sha be deemed on the date of the 4"' inspection in such 12-month period to be registered as a nu�ce dwelling, and subject to the additional provisions of this chapter, including the payment o a registration fee. Such registration shall remain in effect for a 12-month registration as a nuisance building. Sec. 42.03. Multiple dwellings. If the owner of a registered nuisance dwel of Saint Paul, each other dwelling so owned shall registered as such on the same date as the first, bi month period been found upon inspection to be � such dwellings which are deemed to be additi a the provisions of this chapter, and to the pa ent additional registrations shall also remain i effect 42.02. Sec. 42.04. Registration fee. (a) Initial payment. the City of Saint Paul, pay the last known address of 1 misdemeanor. beginning on the date of owns other dweilings within the City ed to be a nuisance dwelling and t�oniy if such building has within the same 12- violation of any applicable safety code. All of nuisance dwellings shall be subject to all of of a separate registration fee for each. Such for a 12-month period as provided in section The o er of a nuisance dwelling shall be obligated to pay $250 to �ble thin 15 days following the date of mailing of written notice to i owner that such dwelling is a nuisance. Failure to do so sha11 be a (b) Recover ac al costs. The fee shall be used for recovery of the City's actual costs in enforcement of this pter. The fire marshal shall from time to time determine whether such fee fully reimburses City for its costs in responding to complaints, costs of inspections and administration, well as costs of enforcement including inspectors and attorneys, for the period of time coveri g the four violations and the succeeding 12-month period of registration as a nuisance dw llin�. Additional fee for multiple dwellings. An additional $250 fee shall be paid by the � ��/l7/�� 47-/yz� 1 owner of a nuisance dwelling for each other dwelling owned by such owner which has within the 2 same 12-month period been found upon inspection to be in violation of any applicable safety 3 code. Such sum sha11 be used by the City to pay for inspections of such other dwellings together 4 with the legal, administrative and other enforcement costs incurred by the City in so doing. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2s3 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 42.05. Violations during period of registration. (a) Continuation of registration. If the fire mazshal finds, upon one or more inspecrions, that any registered nuisance dwelling has one or more violations of a safety code, the r�gistrafic shall be continued for an additionai consecutive 12-month period of registration, and�the owner shall pay an additional $250 registration fee as provided in section 42.04 above. � (b) Nuisance abatement procedures. If the fire marshal finds, upon inspections, that any registered nuisance dwelling O has one or more substantial violations of a safety code, or (ii} while registered has a documented and confumed the community, or (iii) has persistent and continuous violations of the code even though not substantial, or (iv) during the second 12-month period of more a blighting influence on of an applicable safety has any violation of a safety code, then such dwelling shall be (i) deemed to be a nuis ce under chapter 45 of the Legislative Code, and subj ect to a11 enforcement and abatement proc dures provided thereunder, and (ii) subj ect to a11 enforcement and remedial measures which m y be applicable under law or ordinance, including acquisition by eminent domain to th extent authorized by law. Sec. 42.06. No violations during period o registra6on. If the fire mazshal does not find uring any 12-month period of registration as a nuisance dwelling, any violations of a safety c e, then the dwelling sha11 no longer be deemed to be registered at the end of such 12-mo period. Sec. 42.07. Public list. The fire marshal registered nuisance dwe her address and telephox provided by law. f Sec. 42.08. iaj�i" maintain a current list, updated weekly, of the addresses of all p�gs, together with, if available, the name of the owner thereof, his or number. Such list shall be public information as and to the extent procedures. NotYu in this chapter shall be deemed to supersede, amend or modify any other provision o e Legislative Code or any safety code. This chapter is supplementary and in aid of existing 1 and is not intended to provide an exclusive remedy. ,� «�o�/�, 97�/�z� � 2 3 4 5 6 7 8 9 10 11 12 13 Section 2 This ordinance shall take effect and be in force thirry (30) days approval and publication. Requested by Depastment of: ay: Adopted by Conncil: Date Adoption Certified by Cou Hy: Approved by Mayor: Secretary its passage, Porm App e�d by City orney BY: J � . ytct i� �7 �1 Approved by Mayor for Submission to Council Hy: By: �,� �a �.� � � C N � � N U C ca � .� Z � N � N � N .� N W I.J� L � U � Q � U U � 4— O N - � U �1�- � � U L � � N U 0 ^ L L.1� : � � � O U � o� � U L � N � h .� ,� � Z o C6 �n y N � �? � � o�w �� U�] � 2 w o o_o ��v N O m � U � °°L j `3 � O O 0 � o� � U C � 7 � v °� O U � o -m o � od'� oVch� N �' N � L j � r � � �� Q U � o�� o U`'o a U � Z � � a � O U h � c � N > � U O � v w � w U � , �.. JERRY BLAKEY Counciimember December 17, 1997 TO: FROM: ! �� Mayor Norm Coleman MEMORANDUM �� Council President Dave Thune Councilmember Daniel Bostrom Counciimember Joseph Coliins Councilmember Michael Harris Councilmember Roberta Megard Councilmember Gladys Morton Councilmember Jerry Blakey ]�v [� Justi�cation of the Ordinance to Provide for Enforcement of Health and Safety Codes in Non-Owner Occupied Once and Two Family Dwellings On Council Agenda Monday,l2l22J97 This program's goal is to protect the health, safety and welfare of the City populace at lazge, and is not limited to any geographical area of the City. It is appazent that it is necessary to develop a complaint- based ordinance because of the estimated number of one and two nonowner occupied dwellings in the City of Saint Paul. It is estimated that there are approximately 9,000 properties that would require an additional five inspectars and two clerical FTE's to implement a systematic, comprehensive and aeographical-based inspection program. Because ofthe limited resources that the City has, based on budget constraints, it is not financially possible to do the mandatory inspection of all 9,000 buildings. It is tbe legislative judgment that buildings that have four violations of codes within one 12-month period are most likely to be those that are in need of closer City supervision. According to Property Code Enforcement's 1998 activity performance plan, their goal is to case manage chronic problem properties. Their 1998 objective is to identify and target those properties which generate repeat complaints, calls for service and which comprise continual nuisance and eyesores in residential neighborhoods. The number of case-managed properties in 1995 was 208. In 1946, it was 330 and it is estimated that in 1998, there wili be somewhere in the neighborhood of 200. Given these statistics, the City can effectively enforce this nuisance properiy ordinance within its current resources. In addition, ihe City's Community Housing Action Plan includes supporting objectives for focused enforcement. This program will respond immediately to complaints and it a better approach than a ten-year, geographically-based inspection program. This ordinance does not create unrealistic expectations. JB/tb attachment CITY HALL CITY OF SAII�TT P�UL OFFICE OF THE CITY COUNCIL "PAIRD FLOOR SAINT PAL'L, MINNES07A �5102 6L %266-8610 5�46 ?�.'�n?ztl on Rerycled PaFer �L CounCil File # l t — �`-y � � ordinance # Green Sheet # �� S ��s�:�w\�� , �� \O I� t ORDINANCE Presented By Referred To 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 An ordinance to provide for enforcement of health and safety codes in non-owner-occupied 1 and 2 family dwellings. THE COUNCIL OF THE CITY OF SAINT PAUL AOES 012DA1N: Section 1 A new chapter 42 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 42. Certain Nuisance Dwellings. Sec. 42.01. Defmitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter 42, have the meanings indicated in this section. (1) Dwelling. Any one- or two-family rental dwelling . , which is not occupied by the owner thereof. Dwelling includes both the building or structure and the land upon which it is located. (2) Nuisance dwelling. Any dwelling which has been found, upon inspection by the fire chief �, to be in violation of any provision of any applicable safety code on four separate dates in any 12-month period. (3) Fire chie �ssarskc�d. Fire chief n�arsha� includes the said chief, as well as the official appointed as fire marshal, and also any inspector under his or her supervision and control, and aiso includes any city officer or employee charged with responsibility for the enforcement of a safety code. (4) Safety code. Safety code includes any fire, housing, heaith, safety or other similar code, law and ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and the City of Saint Paul, or any ]awful agency or depariment thereof, which are applicable to a dwelling in such City. Safety code includes, without any limitation of the foregoing sentence as a result of this specification, the provisions of chapters 33, 34, 43 45, �� / 49 55, 56 and 58 of the Legislative Code. �' �/ � CITY OF SAINT PAUL, MINNESOTA .�� °t� - 1 �l �,1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (5) Owner. The owner is the person, firm, corporation or other entity listed in the records on file in the recorder's office as holding fee title to the dwelling, or if not so listed, then as a purchaser by contract for deed. If no such person is so listed, the owner for the purposes of this chapter 42 shall be any adult occupant of the dwelling. (6) Recorder's office. The recozder's office is the Ramsey County Department of Property Records and Tasation, or its division which maintains title and properry records, and any successor agency or department thereof. . � � � � � � . � � �.- . .� .. �� . �.- .�- - . . � . � . - � . �.- --- -.- -:-- -:.:::: --. : :- . - - - Sec. 42.02 Registration of a nuisance dwelling. �a, Registration. Any dwelling meeting the definition of a nuisance dwelling shall be deemed on the date of the 4`" inspection in such 12-month period to be registered as a nuisance dwelling, and subject to the additional provisions of this chapter, including the payment of a registration fee. Such registration sha11 remain in effect for a 12-month period beginning on the date of registration as a nuisance building. (b). Additional requirements. Any dwelling deemed registered as provided in subsecfion (al above shall also be subject to the requirements of section 33.05 of the Legislative Code relatin� to occupanc�so lon as it is registered and far a period of 12 months after registration terminates. Such re�istered nuisance dwelling shall be required to have a certificate of occupancy issued by the fire chief within 12 months after the date on which it is deemed registered. Failure to have such certificate issued within such 12 months shall subject such dwelling and its owner or owners to ali enforcement and remedial measures which may be a�plicable under law or ordinance. Sec. 42.03. Multiple dwellings. If the owner of a registered nuisance dwelling also owns other dwellings within the CiTy of Saint Paul, each other dwelling so owned shall be deemed to be a nuisance dwelling and registered as such on the same date as the first, but only if such building has within the same 12- month period been found upon inspection to be in violation of any applicable safety code. All of such dwellings which aze deemed to be additional nuisance dwellings shall be subject to all of the provisions of this chapter, and to the payment of a sepazate registration fee for each. Such additional registrarions sha11 also remain in effect for a 12-month period as provided in section 42.02. The additional requirements in secfion 42A2�b1 above shall also ap�lv to such other dwellin� as aze deemed under this section to be nuisance dwellin *�s, � ��q(q1 2 2 � 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 42.OA. Registration fee. �� —, y�- 4 (a) Initial payment. The owner of a nuisance dwelling shall be obligated to pay $250 to the Ciry of Saint Paul, payable within 15 days following the date of mailing of written notice to the last known address of the owner that such dwelling is a nuisance. Failure to do so shall be a misdemeanor. (b) Recover actual costs. The fee shall be used for recovery of the City's actual costs in enforcement of this chapter. The fire chief shall from time to time deteriuine whether such fee fully reiunburses the City for its costs in responding to complaints, costs of inspections and adminislrafion, as well as costs of enforcement including inspectors and attomeys, for the period of time covering the four violafions and the succeeding 12-month period of registration as a nuisance dwelling. (c) Additional fee for multiple dwellings. An additional$250 fee shall be paid by the owner of a nuisance dwelling for each other dwelling owned by such owner which has within the same 12-month period been found upon inspection to be in violation of any applicable safety code. Such sum sha11 be used by the City to pay for inspections of such other dweliings together with the legal, administrative and other enforcement costs incuned by the City in so doing. Sec. 42.05. Violations during period of registration. (a) Continuation of registration. If the fire chief finds, upon one or more inspections, that any registered nuisance dwelling has one or more violations of a safety code, the registration shall be confinued for an additional consecu6ve 12-month period of registration, and the owner sha11 pay an additionai $250 registration fee as provided in section 42.04 above. (b) Nuisance abatement procedures. If the fire chief finds, upon one or more inspecrions, that any registered nuisance dwelling (i) has one or more substanrial violations of a safety code, or (ii) while regystered has a documented and confirmed history as a blighting influence on the community, or (iii) has persistent and continuous violations of the provisions of an applicable safeTy code even though not substantial, or (iv) during the second 12-month period of registration, has any violation of a safety code, then such dwelling sha11 be (i) deemed to be a nuisance under chapter 45 of the Legislative Code, and subject to all enforcement and abatement procedures provided thereunder, and (ii) subject to a11 enforcement and remedial measures which may be applicable under law or ordinance, including acquisition by eminent domain to the e�ent authorized by law. Sec. 42.06. No violarions during period of registrafion. If the fire chief does not fmd, during any 12-month period of registrauon as a nuisance dwelling, any violations of a safety code, then the dwelling shall no longer be deemed to be � /zi�/�� 1 registered at the end of such 12-month period. 2 3 Sec. 42.07. Public list. 4 c��l - �`-�� 5 The fire chief shall maintain a current list, updated weekly, of the addresses of all 6 registered nuisance dwellings, together with, if available, the name of the owner thereof, his or 7 her address and telephone number. Such list shall be public information as and to the extent 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 provided by law. Sec. 42.08. Alternative procedures. Nothing in this chapter sha11 be deemed to supersede, amend or modify any other provision of the Legislative Code or any safety code. This chapter is supplementary and in aid of e�sting law, and is not intended to provide an exclusive remedy. Section 2 Section 33.05 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 33.05. Certificate of occupancy. (A) Use or Occupancy: No building or structure in Crroup A(Assembly), B(Business), B-4M (Mercantile), E(Education), F(Factory), I(Institutional), H(Hazardous), R-1 (Mulrifamily Residential), nuisance dwelling as defined in. and to the extent and for the periods required_ in chapter 42 of the Leeislative Code. or S(Storage) occupancies sha11 be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the fire marshal has issued a certificate of occupancy therefor as provided herein. (B) Change in Use: Changes in the character or use of a building shall not be made without the approval of the build'mg official and the fire mazshal, and the building may be occupied for purposes in other groups provided the new or proposed use is less hazardous, based on life and fue risk, than the existing use. (C) Certificate Issued.• After final inspection by the building official, when it is found that the building or structure complies with the provisions of this Code, the fire marshal shall issue a certificate of occupancy. (D) Existing Buildings: Every building except one- and two-family dwellings which are not nuisance dwellings as defined in and for the periods required b�pter 42 of the Legislative Code and residential garages heretofore erected shall have a certificate of occupancy issued by the division of fire prevention and posted on the premises. Before such a certificate can be issued, such buildings shall be inspected by the division and found to conform to the requirements of the building code at the time of conshuction or at the time of conversion to its present use and to the provisions of the Saint Paul Legislative Code; except that energy efficient standazds in rental dwellings and multiple dwellings sha11 be enforced on complaint basis only. No building which is required to have a certificate of occupancy shall continue to be occupied without such certificate. (E) Renewal Required: An inspection sha11 be scheduled by the division of a11 buildings of Group A(Assembly), E(Education), I(Institutional), H(Hazazdous), and B(Business), M :� 1ii��zl��T 1 (Mercantile), S(Storage), F(Factory) occupancies which have a certificate of occupancy, ��— �� a\ 2 excepting light hazard occupancy which shall be scheduled for inspection every two (2) years. 3 Inspecfions shall be scheduled by the division on a rivo-year cycle for all buildings of R-1 4 occupancy which have a certificate of occupancy. InsDections shall be scheduled on a one-y� 5 cycle for a11 nuisance dwellings as defined in and duting the �eriods req,uired bX chapter 42 of 6 the Le islarive Code. If it is found that such buildings do not conform to the applicable 7 requirements, the certificate of occupancy may be revoked and the building shall not be occupied 8 until such time as the building is again brought into compliance with such requirements. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (F) Fees for Certificate of Decupancy: (1) Original issue, new buildings. There shall be no fee charged for an issuance of the certificate of occupancy for new buildings at the completion of their conshuction covered by a building permit. (2) Renewal fee for R-1 occupancies. Nine dollars ($9.00) per residential unit, minimum fee one hundred dollazs ($100.00), ma�cimum fee three hundred seventy dol]ars ($370.00). The fee chazged for inspections of nuisance dwellings as defined in section 42 Ol(�l of the Legislative Code sha11 be in an amount as established bv the fire mazshal to recover the costs of the ins�ections. (3) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Hazardous), F (Factory), M(Mercantile), S(Storage) and B(Business) occupancies. Seven dollars ($7.00) per one thousand (1,000) square feet, minimuxn fee seventy-five dollars ($75.00), maximum fee three hundred seventy dollars ($370.00). (4) Reinspection fee. The renewal fee established in subsections (2) and (3) above allows for one (1) inspecfion and one (1) reinspection for the renewal of the certificate of occupancy. A reinspection fee of fifty (50) percent of the renewal fee shall be levied for each additional reinspection required of nonconforming occupancies. (5) Referral reinspection fee. Whenever a written cozrection order is issued to the owner or responsible agent of the owner for a violation of this code and after a reasonable time for compliance has elapsed, a reinspection sha11 be made. If the violation has not been cortected at the time of the reinspection, a refenal reinspection fee of fifty dollazs ($50.00) shall be collected for every subsequent reinspection until the violation is corrected. (6} Partial certificate of occupancy fee. Notwithstanding subsection (i) of this pazagraph (F), a fee of one hundred dollars ($100.00) will be charged for each partial certificate of occupancy requested. The issuance of a partial certificate of occupancy is at the discre6on of the building ofFicial and the portion of the building covered by the certificate must be legally completed and ready to occupy along with a11 other life and safety requirements. (7) No entry fee. A no entry fee of fifty dollazs ($50.00) shall be assessed to the renewai fee and collected whenever an owner or responsible agent of the owner has been notified in writing of the date and time for a certificate of occupancy 5 t�3 nlglqj ��—��\ 1 renewal inspection, or any other reinspection, and the owner or responsible agent 2 of the owner fails to notify the fire marshal's office in writing, by at least 8:00 3 a.m. on the date of the scheduled inspection, of an alternate date and time for the 4 inspection or reinspection when the owner or responsible agent of the owner will 5 6 appearfortheinspecuon. 7 (8) Discounted fee. Whenever a certificate of occupancy renewal inspection finds no 8 violations of any applicable code, the renewal fees set forth in subsections (2) and 9 (3) of this pazagraph shall be discounted twenty-five (25} percent. 10 11 12 13 14 15 16 17 18 19 20 21 (9) Late fees. A late fee shall be chazged and collected whenever the owner or responsible agent for the owner makes application for certificate renewal after the expiration date of such certificate. Sepazate late fees shall also be charged and collected whenever the owner or responsible agent for the owner pays late any other fees due and payable under this section. All late fees shall be ten (10) percent of the certificate renewal fee. A late fee sha11 accrue for each thirfy-day period or portion thereof which has elapsed after the expiration date of the certificate or the date of inspection on which the underlying fee is based. In no event shall any one (1) late fee exceed fifiy (50) percent of the certificate renewal fee. The late fee(s) shall be in addition to any other fee or payment required. 22 (G) Exceptions: The fees for the certificate of occupancy and inspection aze provided in 23 section 33.04(H)(4)(c) and paragraph (F) of this section shall be required on buildings owned and 24 occupied by any governmental agency, including county and state governmental agencies. The 25 City of Saint Paul, and any other agencies specifically exempted from such fees under state law, 26 sha11 be exempt from payment of such fees. DIIRI teuerv 27 as 29 30 31 32 Section 3 JAk� 17 199� This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Reguested by Department of: By' Form ApQroved by By: Adoption Certified by Council Secretasy By: `` \ � Approved by Mayor: Date By: to Council 0 Adopted by Council: Date f��`�-��.°�,�� ___ __ _ _. .__.____ . _ . 97-Iyz/ ARTMENT/OFFICHCOUNCIL OATE WRIATFD crrY cou�vcu. November 19 �sm GREEN SHEET No 6'�6"�4 iTACT PH2SON 8 PHO�JE initi.�� inphYwN Councilmember Jerty Blakey 6-8610 �, �.� 7 BE ON COUNCIL AGENOA BY (OATE) AS41c11 NUYBHtPoR ❑tlIYATTOWEY a1YRIDtlt RWi1NG �� ❑NMNC4LaEqNCFfaR HMY1CMLaFM/�OCfo ❑ 116Y01[IOR�liflilYR) ❑ TOTAL � OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Provides for the enforcement of health and safety codes in non owner occupied 1 and 2 family dwellings. PLANNING CAMMISSION CIB COMMIT'TEE CML SERVICE CAMMISSION ny_�JO.a1,a.7 tiae thie PeisoNfiim e�er vrorked under a�6a� torthis department7 YES NO H0s thie P��Im ever been a Wty empbyce? YES NO ooes mie aa�m� ao�sess a san �m n«nwb� br �y a,rrem car enwbveea YES No �s mia a�saMrm a feroe�ed venaa? YES NO �lain all ves arex�s m seoerete sheet and attach to afeen Sheet CiiiV'E�S� 4�b�t'�ti Cd�i�' NOV 2 � 1JS7 AMOUNT OF TRANSACTON COS7IREVR7UE HUD6EfED (qRCLE ONE) ACTMTYNUMBER ��' � �o s-r- 9'7 -�yt� A bill for an Act providing the housing and redevelopment authority of the city of Saint Paul, Mivuesota, with the authority to acquire certain nuisance dwel. by eminent domain and exercise other lawful pow 13 14 15 16 17 18 14 BE IT ENACTED BY THE LEGISLATURE OF TI� STATE OF MIP4NESOTA: Sec. 1. Nuisance dwellings. Notwithstanding the contrary, the housing and redvelopment authority of the city authorized to exercise all powers it may haue under with respect to real property which is a nuisance Paul, Minnesota, is hereby Statutes 1996, section 469.012, as deternuned under the criteria provided by ordinance. Sec. 2. Effective date; local approval. by a majority of the gveroning body of the provisions of Minnesota Statutes 1996, act sha11 become effective upon its approval of Saint paul and upon compliance with the 645.021. of any law or charter to the �' CiITY OI+` SAINT PAUL i3;:`a� '" " OFFICE OF THE CITY COUNCII. JERRY BLAKEY Counc�lmember MEMORANDUM December 10, 1497 TO: Council President Dave Thune Councilmember Daniel Bostr�m Councilmember Joseph Collins Councilmember Roberta Megard Councilmember Gladys Morton FROM: Counciimember Jerry Blakey Councilmember Michaei Harris RE: CITY COUNCIL AGENDA TTEiVI #3�- �F 3Cp Please find attached a substitute ordinance for #36 on the Council Agenda that is scheduled for public hearing today. Our offices have worked with Peter Hames and Roger Curtis from the Mayor's Office to draft an ordinance that addresses both the Mayor's and our concerns regarding problem properties. Peter Hames and Roger Curtis will be availabie £or the public hearing to discuss the changes. attachment cc: Mayor Coleman Nancy Anderson Roger Curtis Peter Hames CITY HALL THIRD FLOOR SAINT PAUL, MINNESOTA 55102 622/266-8610 5�46 ^rMteC on Recycled Paper Council File # �� Z Ordinance # Green Sheet # G d G3 Presented By ORDIIVANCE CITY OF SAWT PEltlL, 11 • 36 Date Referred To codes dwellings. An ordinance to proti enforcement of heatth and in non-owner-occupied 1 and � THE COUNCIL OF THE CITY OF SAINT P •'�� 1 A new chapter 42 of the Saint Paul Leg�fslative Code is hereby enacted to read as follows: Chapter 42 ertain Nuisance Dwellings. Sec. 42.01. DeTinitions. Unless otherwise expres stated, the following terms shall, for the purposes of this chapter 42, have the meanings ' dicated in this section. (1) Dwelling. Any o e- or two-family rental dwelling of R-3 occupancy as set forth in section 33.05 of the Legis ative Code, which is not occupied by the owner thereo£ Awelling includes both the buildi or structure and the land upon which it is located. (2) Nuisance welling. Any dwelling which has been found, upon inspection by the fire mazshal, to be in ' lation of any provision of any applicable safety code on four separate dates in any 12-month eriod. (3) Fir marshal. Fire marshal includes the official appointed as fire marshal, and also any inspecto under his or her supervision and control, and also includes any city officer or employee arged with responsibility for the enforcement of a safety code. 4) Safety code. Safery code includes any fire, housing, health, safety or other similar code, w and ordinance, promulgated or enacted by the United States, the State of Minuiesota, the ounty of Ramsey and the City of Saint Paul, or any lawful agency ar department thereof, w'ch are applicable to a dwelling in such City. Safety code includes, without any limitafion of e foregoing sentence as a result of this specification, the provisions of chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. � rr�i�ly? 1 � �/�� 1 (5) Ownen The owner is the person, firm, corporation or other entity listed in the records 2 on file in the recorder's office as holding fee titie to the dwelling, or if not so listed, then as a 3 purchaser by contract far deed. If no such person is so listed, the owner for the purposes of this 4 chapter 42 sha11 be any adult occupant of the dwelling. 5 6 (6) Recorder's office. The recorder's office is the Ramsey County Department of Property 7 Records and Ta�carion, or its division which maintains title and property records, and any successor agency or department thereof. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4�1 45 46 47 48 49 (7) Substantial violation of a safety code. A substautial violation of a safety co e is one whose e�stence reasonably could be foreseen to cause, or the naturai and foreseeab consequence of whose e�stence when not corrected or abated is to cause, serious ' jury or death to individuals andJor substantial damage to their real or personal property. Sec. 42.02 Registration of a nuisance dwelling. Any dwelling meeting the definition of a nuisance dwelling sha be deemed on the date of the 4"' inspection in such 12-month period to be registered as a nu�ce dwelling, and subject to the additional provisions of this chapter, including the payment o a registration fee. Such registration shall remain in effect for a 12-month registration as a nuisance building. Sec. 42.03. Multiple dwellings. If the owner of a registered nuisance dwel of Saint Paul, each other dwelling so owned shall registered as such on the same date as the first, bi month period been found upon inspection to be � such dwellings which are deemed to be additi a the provisions of this chapter, and to the pa ent additional registrations shall also remain i effect 42.02. Sec. 42.04. Registration fee. (a) Initial payment. the City of Saint Paul, pay the last known address of 1 misdemeanor. beginning on the date of owns other dweilings within the City ed to be a nuisance dwelling and t�oniy if such building has within the same 12- violation of any applicable safety code. All of nuisance dwellings shall be subject to all of of a separate registration fee for each. Such for a 12-month period as provided in section The o er of a nuisance dwelling shall be obligated to pay $250 to �ble thin 15 days following the date of mailing of written notice to i owner that such dwelling is a nuisance. Failure to do so sha11 be a (b) Recover ac al costs. The fee shall be used for recovery of the City's actual costs in enforcement of this pter. The fire marshal shall from time to time determine whether such fee fully reimburses City for its costs in responding to complaints, costs of inspections and administration, well as costs of enforcement including inspectors and attorneys, for the period of time coveri g the four violations and the succeeding 12-month period of registration as a nuisance dw llin�. Additional fee for multiple dwellings. An additional $250 fee shall be paid by the � ��/l7/�� 47-/yz� 1 owner of a nuisance dwelling for each other dwelling owned by such owner which has within the 2 same 12-month period been found upon inspection to be in violation of any applicable safety 3 code. Such sum sha11 be used by the City to pay for inspections of such other dwellings together 4 with the legal, administrative and other enforcement costs incurred by the City in so doing. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2s3 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 42.05. Violations during period of registration. (a) Continuation of registration. If the fire mazshal finds, upon one or more inspecrions, that any registered nuisance dwelling has one or more violations of a safety code, the r�gistrafic shall be continued for an additionai consecutive 12-month period of registration, and�the owner shall pay an additional $250 registration fee as provided in section 42.04 above. � (b) Nuisance abatement procedures. If the fire marshal finds, upon inspections, that any registered nuisance dwelling O has one or more substantial violations of a safety code, or (ii} while registered has a documented and confumed the community, or (iii) has persistent and continuous violations of the code even though not substantial, or (iv) during the second 12-month period of more a blighting influence on of an applicable safety has any violation of a safety code, then such dwelling shall be (i) deemed to be a nuis ce under chapter 45 of the Legislative Code, and subj ect to a11 enforcement and abatement proc dures provided thereunder, and (ii) subj ect to a11 enforcement and remedial measures which m y be applicable under law or ordinance, including acquisition by eminent domain to th extent authorized by law. Sec. 42.06. No violations during period o registra6on. If the fire mazshal does not find uring any 12-month period of registration as a nuisance dwelling, any violations of a safety c e, then the dwelling sha11 no longer be deemed to be registered at the end of such 12-mo period. Sec. 42.07. Public list. The fire marshal registered nuisance dwe her address and telephox provided by law. f Sec. 42.08. iaj�i" maintain a current list, updated weekly, of the addresses of all p�gs, together with, if available, the name of the owner thereof, his or number. Such list shall be public information as and to the extent procedures. NotYu in this chapter shall be deemed to supersede, amend or modify any other provision o e Legislative Code or any safety code. This chapter is supplementary and in aid of existing 1 and is not intended to provide an exclusive remedy. ,� «�o�/�, 97�/�z� � 2 3 4 5 6 7 8 9 10 11 12 13 Section 2 This ordinance shall take effect and be in force thirry (30) days approval and publication. Requested by Depastment of: ay: Adopted by Conncil: Date Adoption Certified by Cou Hy: Approved by Mayor: Secretary its passage, Porm App e�d by City orney BY: J � . ytct i� �7 �1 Approved by Mayor for Submission to Council Hy: By: �,� �a �.� � � C N � � N U C ca � .� Z � N � N � N .� N W I.J� L � U � Q � U U � 4— O N - � U �1�- � � U L � � N U 0 ^ L L.1� : � � � O U � o� � U L � N � h .� ,� � Z o C6 �n y N � �? � � o�w �� U�] � 2 w o o_o ��v N O m � U � °°L j `3 � O O 0 � o� � U C � 7 � v °� O U � o -m o � od'� oVch� N �' N � L j � r � � �� Q U � o�� o U`'o a U � Z � � a � O U h � c � N > � U O � v w � w U � , �.. JERRY BLAKEY Counciimember December 17, 1997 TO: FROM: ! �� Mayor Norm Coleman MEMORANDUM �� Council President Dave Thune Councilmember Daniel Bostrom Counciimember Joseph Coliins Councilmember Michael Harris Councilmember Roberta Megard Councilmember Gladys Morton Councilmember Jerry Blakey ]�v [� Justi�cation of the Ordinance to Provide for Enforcement of Health and Safety Codes in Non-Owner Occupied Once and Two Family Dwellings On Council Agenda Monday,l2l22J97 This program's goal is to protect the health, safety and welfare of the City populace at lazge, and is not limited to any geographical area of the City. It is appazent that it is necessary to develop a complaint- based ordinance because of the estimated number of one and two nonowner occupied dwellings in the City of Saint Paul. It is estimated that there are approximately 9,000 properties that would require an additional five inspectars and two clerical FTE's to implement a systematic, comprehensive and aeographical-based inspection program. Because ofthe limited resources that the City has, based on budget constraints, it is not financially possible to do the mandatory inspection of all 9,000 buildings. It is tbe legislative judgment that buildings that have four violations of codes within one 12-month period are most likely to be those that are in need of closer City supervision. According to Property Code Enforcement's 1998 activity performance plan, their goal is to case manage chronic problem properties. Their 1998 objective is to identify and target those properties which generate repeat complaints, calls for service and which comprise continual nuisance and eyesores in residential neighborhoods. The number of case-managed properties in 1995 was 208. In 1946, it was 330 and it is estimated that in 1998, there wili be somewhere in the neighborhood of 200. Given these statistics, the City can effectively enforce this nuisance properiy ordinance within its current resources. In addition, ihe City's Community Housing Action Plan includes supporting objectives for focused enforcement. This program will respond immediately to complaints and it a better approach than a ten-year, geographically-based inspection program. This ordinance does not create unrealistic expectations. JB/tb attachment CITY HALL CITY OF SAII�TT P�UL OFFICE OF THE CITY COUNCIL "PAIRD FLOOR SAINT PAL'L, MINNES07A �5102 6L %266-8610 5�46 ?�.'�n?ztl on Rerycled PaFer