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99-272Council File # � - a � � � ` p q ��M�, C ��.Y S � p� � Ordinance # �0.y S �� \1 { Green Sheet #� a�� ORDINANCE �'v CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee Date : An ardinance requiring the inspection and registration of certain rental units in one and two family dwellings. 7 THE COUNCIL OF THE CITY OF SA1NT PAUL DOES ORDAIN: pUBIiSHFD MAY �9 1999 Section 1 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 This Chapter does not appiy to or cover any dwelling which is occupied and used for the purposes of a homestead by its owner. The Councii of the City of Saint Paul finds and determines that rental dwelling units in one- and two-fanuly dwellings which are not owner-occupied are in need of registration to promote and enforce safety code compliance, to increase the maintenance and upkeep of such dwellings, and to avoid properiy deterioration and blight. The requirement to obtain a rental dwelling unit registration certificate will enhance the safety and maintenance of such rental dwellings, and decrease the need for complaint-driven inspections based on ca11s for service from occupants or neighbors who may fear or risk some form of reprisal from landlords or tenants. Accordingly, the requirement of inspection and code enforcement directed at such dwellings will improve the health, safety, and welfare of the citizens of Saint Paul who live in and around its rental dwellings, as well as that of the entire city. Section 2 A new Chapter 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. 51.01. Rental Dweiling Unit Registrafion Certificate - Requirement. 34 Unless an owner has applied for and received a registration certificate under Section 51.03, 35 no rental dwelling unit in any one- or two-family rental dwelling of Group R-3 occupancy shall be 36 used or occupied after October 1, 1999, until the director has 37 ss � R� y'�� tR -1�1 � issued a rental dwelling unit registration certificate under Secrion 51.03. It shall be a misdemeanor to rent or lease, or permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registratlon certificate. Notwithstanding any other provision of this Chapter 51, such Chapter does not apply to or cover any dwelling which is occupied and used for the purposes of a homestead by its owner. Sec. 51.02. IDefinitions. Unless otherwise expressly stated, the foilowing terms shall, for the purpose of this section, have the meanings indicated in this subsection. (a) "Dwelling" is any one- or twafamily dwelling which is not owner-occupied and homesteaded, and includes Both the building or structure and the land upon which it is located, as well as accessory use structures. The term "dwelling" also includes any multifamily residential building or structure which (i) is not required to have a certificate of occupancy under Chapter 33 of the Legislative Code, and (ii) is not exempt under Section 51.10 of the Legislative Code. (b) 'Director" is the Director of the Office of Citizen Services, and his or her designee or designees, and shall include any enforcement o�cer under his or her supervision or direction, or other duly authorized representative. (c) "dwner" 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, and includes the owner's authorized agent. (d) The "recorder's office" is the Ramsey County Department of Property Records and Taxation, or its division which maintains title and property records, and any successor agency or department thereof. (e) "Rental dwelling unit" is any room or rooms, or space, in any dwelling designed or used for .residential occupancy by one or more persons who are not the owner or a member of the owner's family. (fj "Residential occupancy" is occupancy in a building or portion thereof, for residential purposes, used or intended to be used for living, sleeping, and cooking or eating purposes. (g) "Safety code" or "safety codes" include any fire, housing, health, 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 lawful agency or department thereof, which are applicable to a dwelling in such City. Safety code includes, without any lunitation 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. Sec. 51.03. Rental Dwelling Unit Registration Certificate. (a) Written application. On or before September 1, 1999, the owner of each dwelling in which there is a rental dwelling unit, and who wishes to conunue to rent or allow residential , ��.�a 9q-�.�� 4 occupancy of such unit after October 1,1999, shall make a written application to the director, on an 5 approved for_m fiiruished by the same, for a rental dwelling unit registration certificate to allow the 6 use or occupancy of the said rental dwelling unit. The director may require such information as will 7 permit effecrive enforcement of this chapter, inciuding but not limited to: 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 (i) a description of the premises; (ii) the name, address and telephone numbers of the owner or owners; and (iii) the name, address and telephone number of the refuse removal person or company which supplies refuse removal services for the rental dwelling unit. (b) Reserved. (c) Issuance. The director shall issue a certificate to the owner of the rental dweliing unit who has submitted a complete application and paid the applicable fees. A certificate shall authorize the continued occupancy of the rental dwelling in existence on September 1, 1999. A certificate is subject to renewal every year. Such rental dwelling unit 3s subject to inspection under Section 51.07, and to suspension, revocation or denial as provided in Section 51.06. (d) Issuance after Code Compliance Certificate. Notwithstanding any other provision to the contrary, the directar shall issue a rental dwelling unit registration certificate for a building or structure which has been registered as a vacant building under Chapter 43 of the Legislative Code and then has upon inspection received a certificate of code compliance under Section 33.06 of the Legislative Code within the previous twelve-month period. (e) Smoke detectors required. No certificate shall be issued unless each such rental dwelling unit has a proper, adequate and operable smoke detectar. 3 ��-R5 Sec. 51.04. Reserved. Sec. 51.05. Reserved. Sec. 51.06. Suspension, revocation and denial. qq�� (a) Groundsfor revocation. The directormay, in writing, suspend orrevoke arental dwelling unit registration certificate or deny an application therefor: (i) whenever the certificate was issued in error or on the basis of incorrect information supplied; (ii) when it is determined by the director that the use of the dwelling unit constitutes a nuisance as described in Minn. Stat. § 617.81, subd. (2), or is in violation of any ordinance or regulation or any provision of the Saint Paul Legislative or Administrative Codes; (iii) when the owner has submitted a false, incomplete or inaccurate statement as part of the application for a certificate; (iv) if the owner has failed or refused to pay fees to the City for inspections or certificates; (v) if the owner has failed to pay fees due under ordinances relating to the excessive consumption of police andlor inspection services; (vi) if the owner or the owner's agent fail to admit the director for inspections authorized by this chapter; (vii) if it is found, upon any inspection by the director, that any rental dwelling unit does not conform to the requirements of applicable safety codes; (viii) if the owner, in a materiai matter, fails to comply with the regulations in Section 51.08; n3� (ix) if the building or structure containing a rental dwelling unit covered in this Chapter 51 0 '' , . � 1 becomes or is a vacant building as defined in Section 43.02 of the Legislative Code. (� �� 2 �{ 3 (b) Renewal required upon revocation. If a rental dwelling unit registration certificate is 4 revoked, the rentai dwelling unit for which it was issued shall not again be used or occupied as a 5 rental dwelling unit or for residential occupancy until such time as the said certificate is renewed 6 following inspection and a determination by the director that the said rental dwelling unit is in 7 compliance with applicable safety codes. S ec. 51.07. Insp ections. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?g 29 30 31 32 33 (a) Inspection criteria. The director shall not inspect any rental dwellang unit unless it falls within one or more of the following criteria: (i) such unit has been abandoned by the owner, or the owner of such unit cannot be found; (ii) a police services fee has been imposed or billed as a result of one or mare nuisance events at such unit under Chapter 267 of the Legislative Code; (ii) an excessive consumption of exterior inspection services fee has been imposed or billed as a result of enforcement activity under Sections 34.08.1-.6 of the Legislative Code; (iv) water, gas or electric service to such unit has been discontinued as a result of nonpayment for more than 30 continuous days; (v) the unit is on a parcel of land which is on the list of delinquent taxes filed by the county auditor with the court administrator of the district wurt pursuant to Minn. Stat. § 279.05; (vi) the unit or the property within which the unit is located has, within the preceding three months, been the subject of a written petition filed with the Office of City Clerk by any district council, which petition requests that such unit be inspected and is signed by five or more persons having personal knowledge of the unit or property, stating one or more reasons why such unit should be inspected by the City; or 34 (vii) the director has probable cause to believe that there exists within such unit one or more 35 violations of safety codes which constitute a serious danger to the health, safety and welfare 36 of persons living in such unit , or which would make the unit or structure in which the unit 37 was located a dangerous shucture or unfit for human habitation under Sections 34.22-.23 of 38 the L�gislative Code. 39 40 4] 42 43 44 45 46 47 48 49 (b) Notice of inspection potiver. The directar is hereby authorized, in conformity with this Chapter 51, to inspect all rental dwelling units to enforce this chapter and al] applicable safety codes. Owners of rental dwelling units are placed on norice that the city has a substantial governmental interest in housing which is safe and free from safety code violations, that wanantless inspections aze necessary to further the regulatory purposes of this chapter and other applicable safety codes, and that the purposes of such inspections are clearly limited to seeking compiiance with applicable safety codes. :' i 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 14 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 (c) Scope of inspection. The director is authorized, in confornuty with this Chapter 51, to inspect all rental dwelling units in dwellings, whether having a registration certificate hereunder or not. The inspection may include the building or structure contai.uiug the rental dwelling unit, the land upon which it is located and accessory uses or structures relatad to the rental dwelling unit. All inspections authorized by this Chapter 51 shali be limited to those which aze done for the purpose of seeking compliance with applicable safety codes, and shall take piace oniy at reasonable hours or as may otherwise be agreed upon by the owner and the director. (d) Owner duty to provide access for inspection. Owners shali provide access to all portions of a dwelling containiug a rental dwelling unit for inspection, as permitted under subdivision (a) of this section,'oy the director of the buiiding and structure as well as accessory use structures related to, or affecting the safety of, the rentai dwelling unit. (e) Notice of violations. The director shall give notice to the owner of any violations of the applicable safety codes which are discovered during any inspection. Sec. 51.08. Regulations. (a) Notice by owner. The owner of a rental dwelling unit for which a rentai dwelling unit registration certificate has been issued is under a continuing obligation to give written notice to the director of any changes in the information supplied as part of the application for the certificate. This includes any changes or modifications of ownership of the said unit, and conversions of the said unit eithex to a non-rental use or to a non-residential use. (b) New owner. A new owner of a rentai dwelling unit shali file with the director a written application for a new certificate under Section 51.03 if such dweiling unit is still being used or occupied under an existing certificate. Such application shall be filed within 30 days after such new owner acquires an interest in the rental dwelling unit whether or not such interest has been recorded. (c) Change of use. If the use of a rental dwelling unit subject to this chapter changes from a rental dwelling unit or is not used for residential occupancy, it shall immediately be required to meet all requirements of law, including the requirement for a certificate of occupancy before being used for such new or changed use. Sec. 51.09. Fees. (a) Cert�cate issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration certificate and the first year fee, shall be $30 for a rental dwelling unit in a single-family dwelling, and $50 for a rivo unit rental dwelling. (b) Annual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $20 for a single unit rental dwelling and $40 for a two unit rental dwelling, commencing on January 1, 2001, and payable each year thereafter. The owner remains obligated to pay such fee during ownership of the rental dwelling unit, and shall pay any definquencies therein before transferring all or any part of the ownership of said unit. Notwithstanding the foregoing, a new owner making applicarion for a �4�'�� `.aq certificate is obligated, and sha11 be required, to pay a11 such current and delinquent annual fees with ��'�1,1 � the application. � (c) No fee - new buildings. There shall be no fee chazged for the issuance of a rental dwelling unit registration certificate for new dwellings at the compietion of their constnxction covered by a building permit. (d) Inspection fees_ (Reserved_) 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. 51.10. Exemptions. Establishments, having rooms or facIlities which would be covered by the definition of a rental dwelling unit, which aze licensed by the City of Saint Paul under other provisions of the Saint Paul Legislative Code, are exempt from the provisions of tlus chapter if such establishments and the rental dwelling units therein are required to comply with applicable safety codes as a condition or requirement of licensure. Sec. 51.11. Illegal Occupancy. No person sha11 occupy, use ar reside in a rental dwelling unit in any one- or two-family rental dwelling of Group R-3 occupancy after October 1, 1999, which does not have a rental dwelling unit registration certificate. Any unit or structure which is so occupied, used or resided in sha11 be an unlawful structure and subject to the provisions of Section 34.23(2) of the Legislative Code relating to illegal occupancy. Such illegal occupancy also constitutes a hazard to the health, safety or welfare of the occupants and the public, and may be condemned by the appropriate enforcement officer under Section 34.23 of the Legislative Code. Sec. 51.12. Fenalty. Notwithstanding the lack of a specific reference thereto, a violation of, ar failure to comply with, any section, provision or requirement in this chapter sha11 be a misdemeanor and shall be subject to Secrions 1.05 and 1.06 of the Legislative Code, and to the provisions of applicable state statutes. This chapter is a part of the city health, safety, housing, building, fire prevention and housing maintenance codes, and a violation thereof shall be deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations. Sec. 51.13. Appeal to Legislative Hearing Officer. Orders of the director are subject to Section 18.02 of the Legislative Code. Sec. 51.14. Applicability of Other Laws. Nothing in this Chapter 51 is intended to waive, replace or amend the applicability or enforcement of any other law, ordinance or regulation applicable to residential dwellings, including but not limited to, zoning, nuisance abatement, or licensing ordinances. � �/ . 7 Section 3 0 Section 33.06 of the Saint Paul Legislative Code, providing for the issuance of a certificate of compliance, is hereby amended by adding the following new subsecfion (d): Sec. 33.06. Certificate of compliance. 8 (a) The building official may issue a certificate of compliance for any building or 9 structure in Csroup R-3 or M occupancies when it is determined that such building or structure 10 complies with the provisions of Chapter 34 of the Saint Paul Legislative Code. The fee required 11 for issuance of a certificate of compliance shall be one hundred dollars ($100.00) for a single- 12 family dwelling and one hundred twenty-five dollazs ($125.00) for a two-fanuly dwelling. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (b) The building official may issue a certificate of compliance for any building or �� structure in Group R-1 occupancy, as defined in the Minnesota State Building Code, when it is found that such building or structure compiies with the provisions of Chapter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupancy fee, sha11 be one hundred fifty dollazs ($ I50.00) for a three-family dwelling, one hundred seventy-five dollazs ($175.00) for a four-family dwelling, and ten dollars ($10.00) per unit for a five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a maYimum of three hundred dollars ($300.00). (c) There shall be no fee charged far the assuance of a certificate of compliance for new buildings at the completion of their construction covered by a building permit. (d) The building official may, without further inspection, issue a certificate of compliance for any building ar structure which has been issued a rental dwelling unit registration certificate, which issuance was based on an inspection under Chapter 51 of the Legislative Code, within the previous twelve-month period. Section 4 This ordinance shall take effect and be in force on the thirtieth day following its passage, approval and publication. Requested by Department of: Sy: By: 1 \ _ TT� Approved by By: Form App ved by City Att rney B f� � ( ��G-�� Appmved by Mayor for Submission to Council BY: IISFIE� MAY �9 1999 Adopted by Council: Date �q Adoption Certified by Council Se etary 9�-� �a Councilmember Bostrom's Office � 17 March 1999 Scott Re n s tr o m 266-8661 ST BE ON COUNCIL AGENp4 BY (DAT� 24 March 1999 TOTAL # OF SIGNATURE PAGES GREEN SHEET No 62366 u �.,,�,�,.� u «r� — ❑ CRYAl10p1tY ❑ CJfYCtiM/f ❑ w+wcw.a�rxersme. ❑ wwr+umrauerc ❑ r�ratwR�aairn+q ❑ (CLIP ALL LOCATIONS FOR SfGNATURE) Creation of an ordinance mandating Rental Registration of non owner-occupied one- and two- family dwellings. PLANNfNG COMMISSION CIB CAMMRTEE CIViL SERVICE COMMISSION Has this Pe«�m ever vmfked untlx a cont�act tor thie tlepaVneM4 YES NO Has thie peisoMfin ever been a cily empbyee? YES NO Dces this persoNfi�m possess a sldll not normallypossesseU by arry curteM dty employee? YES NO Is mis peraoNfirtn a targetea veMon YES NO �lain all ves ans�era on seearate sheet aM atlach M areen sFieet Improve quality of rental housing in Saint Paul. F?,., _ : ^=7' ; 4 '"...,., _ :. , W,_ _ �S; ::� 9. 6 '�� None SOURCE COST/REYENUEBUDQETED{WRCLEONEI YES NO ACTNI7YNUMBER e� 5ub5h�t+� — A,�:�.\ ��, Council File # ` " � 7 Z Ordinance # Green Sheet # � Z 3(� �° ORDINANCE CIT`Y OF SAINT PAUL, NIINNESOTA Presented By Referred To Committee Date : An ordinance requiring the inspection and registration of certain rental units in one and two family dwellings. THE COUNCIL OF THE CITY OF SA1NT PAUL DOES � (Note: The entire ordinance is new. Underlining and stri eovers indicate substantive amendments to the ordinance as proposed at first read' g.) Section 1 This Chapter does not apply to or cover dwelling which is occupied and used for the purposes of a homestead by its owner. The Council of the City of Saint Paul ds and determines that rental dwelling units in one- and two-family dwellings which aze not o er-occupied are in need of �nspeetie� registration to promote and enforce safety code co liance, to increase the maintenance and upkeep of such dwellings, and to auoid properry deterio tion and blight. The requirement to obtain a rental dwelling unit registration certificate will enh ce the safety and maintenance of such rental dwellings, and decrease the need for complaint- ven inspections based on calls for service from occupants ox neighbors who may feaz or risk s me form of reprisal from landlords or tenants. Accordingly, the require ent of syste�xtte inspection and code enfarcement directed at such dwellings will improve the h th, safety, and welfare of the citizens of Saint Pau1 who live in and around its rental dwellings well as that of the entire city. Section 2 I•�iT��1 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. Dwelling Unit Registration Cert�cate - Requirement. Uniess an owner has applied for and received a�s�isis� registration certificate under S tion 51.03, no rental dwelling unit in any one- or two-family rental dwelling of Group R-3 . a •.r_ occupancy shall be used or occupied after October 1, 1999, until the director has i�spe�c�r-r�r� ��,gR I.\USERS�EYAIVE�BOSIR�M�amend421 April 16, 1999 {,}' ' ' ' '' , issued a rental dwelling unit r��,�1 �- registration certificate under Section �1-:9§ 51_03. It shall be a misdemeanor to rent or lease, or 4 permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registrarion certificate. Notwithstanding any other provision ofthis Chapter 51, such Chapter does not apply to or cover any dwelling which is occupied and used for the purQoses of a homeste�- by its owner. Sec. 51.02. Definifions. Unless otherwise eapressly stated, the following terms shall, for the purp�e of this section, have the meanings indicated in this subsection. (a) "Dwelling" is any one- or twafamily dwelling which is ot owner-occupied and homesteaded, and includes both the building or structure an the land upon which it is located, as well as accessory use structures. The term " welling" also includes any multifamily residential building or structure which (i) is no equired to have a certificate of occupancy under Chapter 33 of the Legislative Code, a�d (ii) is not exempt under Section 5110 of the Legislative Code. � (b) "Director" is the Director of Yhe Office of designees, and shall include any enforceme direction, or other duly authorized representa� Services, and his or her designee or sr under his or her supervision or (c) "Owner" is the person, firm, corporatio or other entity listed in the records on file in the recorder's office as holding fee title to e dwelling, and includes the owner's authorized agent. (d) The "recorder's office" is the Taxation, or its division which agency ar department thereo£ � County Department of Properiy Records and title and properiy records, and any successor (e) `Rental dwelling unit" is y room ar rooms, or space, in any dweUing designed or used for residential occupancy one or more persons who aze not the owner or a member of the owner's family. (fj "Residential occ ancy" is occupancy in a building or portion thereof, for residential purposes, used or ' tended to be used for living, sleeping, and cooking or eating purposes. Sec. (g) "Safety co or "safety codes" include any fire, housing, health, safety or other similar code, law d ordinance, promulgated or enacted by the United States, the State of Minnesot the County of Ramsey and the City of Saint Paul, or any lawful agency or departm t thereof, which are applicable to a dwelling in such City. Safety code includes, witho any limitation of the foregoing sentence as a result of this specification, the pro sions of Chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. �re�isienx} Rental Dwelling Unit Re� stration Certificate. �/ (a) Written application. On or before September 1, 1999, the owner of each dwelling in which there is a rental dwelling unit, and who wishes to continue to rent or allow residential-� � �'� �U� 'z I:\USERS�BYRNE�BOSTAOM�ameud421 April 16, 1999 occupancy of such unit after October 1, 1999, shall make a written applicafion to the director, on an;i, ,`1��r— approved form fiuvished by the same, for a pre�siesr� rental dwelling unit registrafion certificate a�� to aliow the use or occupancy of the said rental dwelling unit. The director may require such information as wiil permit effective enforcement of this chapter, including but not lixnited to: (i) a description of the premises; (ii) the name, addtess and telephone numbers of the owner or owners; (in) the name, address and telephone number of the refuse removal supplies zefuse removal services for the rental dwelling unit. (b) Resef-ved. � or company which (c) Issuance.The director shall issue �r�sierrak certificate to the owner of the rental dweiling unit who has submitted a complete plication, {�j�a� and paid the applicable fees. �avisiexa� certificate sha11 authorize the continued occupancy ofthe rental dwelling in existe e on September l, 199 , .:�I�:..-��.a - , ,..�. - - -- --- - -- - - - - /(e) Smoke detectors required. No �rs�isierr� certificate shall be issued unless each such dwelling unit has a proper, adequate and operable smoke detector. 3 `�?�,%� �- I:\USERS�BXRNE�BOS1ROIvnamend427 Apri116, 1999 Sec. S1.Q4. Reserved. Sec.51.05. . eserved. , ., a, r,.,.:,::�:. �:, y....:,;,...�:,...�.•�R:�:.::r Sec. 51.06. Suspension, revocation and denial. (a) Grounds for revocation. The director may, in�writing, suspend or revoke a rental dwelling unit registration certificate;-�n �r•ti€eate; or deny an application therefor: (i) whenever the certificate was issued ; error or on the basis of incorrect information supplied; j (ii) when it is determined by the dfrector that the use of the dwelling unit constitutes a nuisance as described in Minn. Statl § 617.81, subd. (2), or is in violation of any ordinance ar regulation or any provision o�he Saint Paul Legisiative or Administrative Codes; (ii7 when the owner has of the application for a j (iv) if the owner has a false, incomplete or inaccurate s�aern statement as part certificate; or refused to pay fees to the City for inspections ar certificates; (v) if the owner s failed to pay fees due under ordinances relating to the excessive consumption of lice andlor inspection services; (vi) if the o er or the ownex's agent fail to admit the director for inspections s�� , � authorized b� this chapter; (vii) if t is found, upon any inspection by the director, that any rental dwelling unit does not conform to e requirements of applicable safety codes; iii) if the owner, in a material matter, fails to comply with the regulations in Section 51.08; or ��-�.1�- (ix) if the building or structure containing a rental dwelling unit covered in this Ck�apter 51 _ � qY�, r� � ��,�,�. 4. I:\USERS�BYRNE\BOSTRONI�amend421 April 16, 1999 � � � becomes or is a vacant building as defined in Section 43A2 of the Legislative Code. ��- �� (b) Renewal required upon revocation. If a rental dwelling unit registration certificate s� is revoked, the rental dwelling unit for which it was issued sha11 not agai�be used or occupied as a rentai dwelling unit or for residential occupancy until such rime as �said certificate is renewed following inspection and a detemunation by the director that the s�d rental dwelling unit is in compliance with applicable safety codes. Sec. 51.07. Inspections. (a) Inspection criteria. The director shall not inspect any rental dwell" unit unless it falls within one or more of the following criteria: (i) such unit has been abandoned by the owner, or the owner of�ch unit cannot be found; (ii) a police services fee has been imposed or bilied as a r sult of one or more nuisance events at such unit under Chapter 267 of the Legislative de; (iii) an excessive consumption of exterior inspection s'ces fee has been imposed or billed as a result of enforcement activity under 5ecrions 3.081-.6 of the Legislarive Code; (iv) water, gas or electric service to such t has been discontinued as a result of nonpayment for more than 30 continuous day ; (v) the unit is on a parcel of land which is the list of delinquent CaYes filed by the counry auditor with the court administrator of t e district court pursuant to l�inn. Stat. § 279.05; (vi) the unit or the property within w'ch the unit is located has, within the preceding three months, been the subject of a writt petition filed with the Office of City C1erk by any (A) neighborhood organizarion whic has been recognized as such by the Ciry, including but not limited to district councils an neighborhood block clubs, (B) tenant ar landlord advocacy organization, or (C) neighb rhood or community business association which has been in existence for three or mor ears, which petition requests that such unit be inspected and is signed by five or more ersons having personal knowledge of the unit or property, stating one or more reasons y such unit should be inspected by the City; or (vii) the director s reasonable grounds on which to form a belief that there exists within such unit one o more violations of safety codes which constitute a serious danger to the health, safety d welfare of persons living in such unit , or which would make the unit or structure in 'ch tke unit was located a dangerous structure or unfit for human habitation under Sec 'ons 34.22-.23 of the Legislative Code. (b) N ice of inspection power. The director is hereby authorized, in confornuty with this Chapter 51, o inspect all rental dwelling units to enforce this chapter and all applicable safety codes. Owners rental dwelling units are placed on notice that the city has a substantial governmental interes n housing which is safe and free $om safety code violarions, that warrantless inspections are n essary to further the regulatory purposes of this chapter and other applicable safety codes, and th the purposes of such inspections are cleazly limited to seeking compliance with applicable safety 5 I�AUSERS�BYRNE�B0571LOM�amend42! Apd116,199�� 2 (c) Scope of inspection. The director is authorized, in confornuty with this Chapter 51, to 3 inspect all rental dwelling units in dwellings, whether having a 4 registration certificate hereunder or not. The inspection may include the building or struc e 5 containing the rental dwelling unit, the land upon which it is located and accessory uses or struc es 6 related to the rental dwelling unit. All inspections authorized by this Chapter 51 shall be I' ted to d'uector. 10 11 (d) Owner duty to provide access for inspection. Owners shall provide a�ess to all portions 12 of a dwelling containing a rental dwelling unit for inspection, as oernutted unrXer subdivision (al of 13 this section. by the director of the building and structure as weli as accesso use structures related 14 to, or affecting the safety of, the rental dwelling unit. 15 16 (e) Nofice of violations. The director shall give notice to the o er of any violations of the 17 applicable safety codes which are discovered during any inspectio . 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 3& 39 40 41 42 43 44 45 46_ 47 48 49 Sec. 51.08. Regulations. (a) Notice by owner. The owner of a rental d registration certificate has been issued is under a conti director of any changes in the information supplied certificate. This includes any changes or modifications of the said unit either to a non-rental use ar to a non� lli unit for which a rental dwelling unit i obligation to give written notice to the art of the application for the �avisie$a� ownership of the said unit, and conversions idential use. (b) New owner. A new owner of a rental welling unit shall file with the director a written application for a new �evisierr� certificate un r Section 51.03 if such dwelling unit is still being used or occupied under an e�sting certificate. Such application shall be filed within 30 days after such new owner acquires an inter t in the rental dwelling unit whether or not such interest has been recorded. (c) Change of use. If the use f a rental dwelling unit subject to this chapter changes from a rental dwelling unit or is not use for residential occupancy, it shall immediately be required to meet a11 requirements of law, incl ding the requirement for a certificate of occupancy befare being used for such new or changed e. Sec. 51.09. Fees. �ej �a Certific te issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration certificate and the first year fee, sha11 be'.Ek99 30 r a rental dwelling unit in a single-fanuly dwelling, and �23 50 for a rental dwelling unit in two-family dwelling. Eaj b� nnual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $20 f a si e unit ren 1 well�n d 4 f r a two �t rental dwel in , commencing � on Januarv 1_ 2001 _' , and payable each y thereafter. The owner remains obligated to pay such fee during ownership of the rentai dwe ng unit, and shall pay any delinquencies therein before transferring all or any part of the o ership of said unit. Notwithstanding the foregoing, a new owner making application far a �� ( I�\USERS�BYRNE�BOSTROM�amend421 Apnt l6, t999 {'fa/ /�� Y"((! F ��A ,� �evisisnal certificate is obligated, and shail be required, to pay all such current and delinquent N��d� � annual fees with the application. v � (-hj � No fee - new buildings. There shall be no fee charged far the issuance of a rental dwelling unit registration certificate for new dwellings at the completion of their cons covered by a building peYmit. � (d) Inspection fees. (Reserved.) Sec. 51.10. Exemptions. Establishments, having rooms or facilities which would be covered 'y the defuution of a rental dwellir.g unit, which aze licensed by the City of Saint Paul under othe provisions of the Saint Paul Legislative Code, are exempt from the provisions of this chapter i such establishments and the rental dwelling units therein are required to comply with applicable afety codes as a condition or requirement of licensure. Sec. 51.11. Illegal Occupancy. No person shall occupy, use or reside in a rental dw ling unit in any one- or two-family rental dweliing of Group R-3 occupancy after October , 1999, which does not have a rental dwelling unit registration certificate. Any unit or structur which is so occupied, used or resided in shall be an uniawful structure and subject to the provi ons of Section 34.23(2) of the Legislative Code relating to illegal occupancy. Such illegal occ ancy also constitutes a hazard to the health, safety or welfaze of the occupants and the publi , and may be condemned by the appropriate enforcement officer under Section 34.23 of the �islative Code. Sec. 51.12. Penalty. Notwithstanding the lack of a spe 'fic reference theretq a violation of, or failure to comply with, any section, provision or requir ent in this chapter shall be a misdemeanor and shall be subject to Sections 1 AS and 1.06 of Legislative Code, and to the provisions of applicable state statutes. This chapter is a part of e city health, safety, housing, building, fire prevention and housing maintenance codes, and violation thereof shall be deemed to be a violation for purposes of state statutes allowing escro of rent to remedy violations. Sec. 51.13. Appeal to Leg}�lative Hearing Ofticer. Orders of the d;fector are subject to Section 18.02 of the Legislative Code. Sec. 5114. Aunlic�bilitv of Other Laws. Nothi in this Chapter 51 is intended to waive, replace or amend the applicability or enforcemen f any other law, ordinance or regulation applicable to residential dwellings, including but not li ited to, zoning, nuisance abatement, or licensing ordinances. �� '7 I;\USERS�BYRNE�BOSIROM�ameM421 Apol 16, 1999 Section 3 Section 33.06 of the Saint Paul Legislative Code, providing for the issuance of a certificate of compliance, is hereby amended by adding the following new subsecrion (d): Sec. 33.06. Certificate of compliance. (a) The building official may issue a certificate of compliance for any building or structure in Group R-3 or M occupancies when it is determined that such building or s cture complles with the provisions of Chapter 34 of the Saint Paul Legislative Code. The e required for issuance of a certificate of compliance shall be one hundred dollars ($100.00) r a single- family dwelling and one hundred twenty-five dollazs ($125.00) for a two-famil dwelling. (b) The building official may issue a certificate of compliance for y building or structure in Group R-1 occupancy, as defined in the Minnesota State Bu� ding Code, when it is found that such building or structure complies with the provisions of apter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupanc fee, shall be one hundred fifiy dollazs ($150.00) for a three-family dwelling, one hundred s enty-five dollazs ($175.00) for a four-family dwelling, and ten dollars ($10.00) per unit for five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a max' um of three hundred dollars ($300.00). (c) There shall be no fee charged far the issuan of a certificate of compliance for new buildings at the completion of their construcrion cov ed by a building permit. (d) The building official may, without er inspection, issue a certificate of compliance for any building or structure which has been is ed a�eg� rental dwelling unit registration certificate, which issuance was based on an i pection under Chapter 51 of the Legislarive Code, within the previous twelve-month period. Section 4 This ordinance shall take ef ct and be in force on the thirtieth day following its passage, approval and publication. Requested by Department o£: By: Adopted by Council Adoption Certif' d By; Approve y Mayor: BY: / Date by Council Secretary Date Form Ap roved by City Attorney B i�. �.c2 �-��-yl� Approved by Mayor for Suk�mission to Council By: �q �.12- � g I�\USERS�BYRNE�BOSTROM�aruend421 Apnl 16, 1999 o�s��A� ORDINANCE CTTY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee Council File # ��9- d- �oZ- Ordinance # Green Sheet # 3a An ordinance requiring the inspection and registration of certain rental units in one and two family dwellings. THE COUNCIL OF THE CITX OF SAINT PAUL DOES (Note: Since the entire ordinance is new, underlining t�show new material is unnecessary.) Section 1 This Chapter does not apply to or cover ax� dwelling which is occupied and used for the purposes of a homestead by its owner. f The Council of the City of Saint Paul mds and deternunes that rental dwelling units in one- and iwo-family dwellings which aze not o er-occupied are in need of inspection and registrarion to promote and enforce safety code co liance, to increase the maintenance and upkeep of such dwellings, and to avoid property dete ' ration and blight. The requirement to obtain a rental unit registration certificate will enhance he safety and maintenance of such rental dwellings, and decrease the need for complaint- ven inspections based on ca11s for service from occupants or neighbors who may feaz or risk me form of reprisal from 1andlords or tenants. Accordingly, the req ' ement of systematic inspection and code enforcement directed at such dwellings will improve the ealth, safety, and welfare of the citizens of 5aint Faul who live in and around its rental dwelli s, as well as that of the entire city. Section 2 A new Qhapter 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. Sj!Ol. Rental Unit Registration Certificate - Requirement. � Unless an owner has applied for and received a provisional registration certificate under Section 51.43, no rental dweiling unit in any one- or two-family rental dweiling of Group R-3 occupancy shall be used or occupied after October 1, 1999, until the director has inspected it for I�lUSF12S�BYRNE�BOSTROIN�intro317 March 17, 1999 y g qy-�� compliance with applicable safety codes and the provisions thereof, and issued a rental unit registration certificate under Section 51.05. It shall be a misdemeanor to rent or lease, or permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registrari n certificate. Notwitl�stauding any other provision of this Chapter 51, it does not apply to or cov��y dwelling which is occupied and used for the purposes of a homestead by its owner. Sec. 51.02. Definitions. Unless otherwise eapressly stated, the following terms shall, for the pur�ose of this section, have the meanings indicated in this subsection. � (a) "Dwelling" is any one- or two-fanuly dwelling which is not owner-occupied and homesteaded, and includes both the building or shucture the land upon which it is located, as well as accessory use structures, The term " wetling" also includes any multifamily residential building or structure which (i) is no equired to have a certificate of occupancy under Chapter 33 of the Legislative Code, (ii) is not exempt under Section 5110 of the Legislative Code. (b) `Director" is the Director of the Office of C designees, and shall include any enfozcement direction, or other duly authorized representati� Services, and his or her designee or ;r under his ar her supervision or (c) "Owner" is the person, firm, corparation r other entity listed in the records on file in the recorder's office as holding fee title to t dwelling, and includes the owner's authorized agent. (d) The "recorder's office" is the dmsey Count7 Department of Properiy Records and TaYation, or its division which intains title and properry records, and any successor agency or department thereof. (e) "Rental dweiling uniY' is y room or rooms, or space, in any dwelling designed or used for residential occupancy by one or moze persons who are not the owner ar a member of the owner's family. (fj "Residential occu ancy" is occupancy in a building or portion thereof, for residential purposes, used or i ended to be used for living, sleeping, and cooking or eating purposes. (g) "Safety cod or "safety codes" inctude any fire, housing, health, safety or other similar code, law ordinance, promulgated or enacted by the United States, the State of Minneso � the County of Ramsey and the City of Saint Paul, or any lawful agency or departm t thereof, which are applicable to a dwelling in such City. Safety code includes, witho any limitation of the foregoing sentence as a result of this specification, the pro sions of chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. Sec. �j!03. Provisional Registration Certificate. (a) Written application. On or before September 1, 1999, the owner of each dwelling in there is a rental dwelling unit, and who wishes to continue to rent or allow residenfial � 2 I:\USERS�BYRNE�BOSIROM�intro3t7 Maroh I'7, 1999 3''�� -a�a occupancy of such unit after October 1, 1999, shall make a written application to the director, on an approved form fiunished by the same, for a provisional rental unit registration certificate to allow the use or occupancy of the said rental dwelling unit. The director may require such information as will permit effective enforcement of this chapter, including but not limited to: � (i) a description of the premises; (ii) the name, address and telephone numbers of the owner or owners; and (in) the name, address and telephone number of the refuse removai person or cox}�pany which supplies refuse removal services for the rental dwelling unit. � (b) Self-certification. The written applicarion shall contain the sworn stat ent of the owner that the rental dwe:ling unit for which a provisional certificate is sought is ei er (i) in compliance with applicable safety codes, or (ii) if not in such compliance, listing particular matters or requirements or defects which aze not in compliance with the safety codes d the owner's schedule by which such owner certifies that each matter listed will be conect d or repaired or otherwise brought into cumpliance with the applicable safety codes and with all quired building permits. The owner's schedule shall specify the date by which each such matter 11 be cortected or repaired, but in no case shall such date be more than twelve months from the te of the sworn statement. Such swom staxement must also include a statement by the owner th the rental dwelling unit for which the provisional certificate is sought has a proper, adequate operable smoke detector in it. (c) Issuance.The director shall issue a dwelling unit who has submitted a complete app (b) above, and paid the applicable fees. A pt occupancy ofthe rental dwelling in e�stence on of a regular rental dwelling unit registration ce denied based on any of the grounds in Section be revoked and the rentai dweiling unit for provisional certificate is subject to renewaJ e ry as a regular certificate. provisio 1 certificate to the owner of the rental ication the required sworn statement in subsection �visi al certificate shall authorize the continued iep mber 1, 1999, pending inspection and issuance ti cate; provided that if such regular certificate is �.06, the provisional certificate shall also thereby ich it was issued shall not furtlier be occupied. A rivo years and may be revoked on the same grounds (d) Not availabde for new converted dwellings. Kental dwelling units which are constructed or converted to rental u for residential occupancy after September 1, 1999, shall not be eligible for a provisional certi ate, and shall not be occupied for human habitation prior to the issuance of a regulaz rental dw ing unit registration certificate after inspection by the director. (e) Smoke c dwelling unit has a Sec. 51.04. Sec. 51.05. ✓required. No provisional certificate shall be issued unless such rental adequate and operable smoke detector. Dwelling Unit Registration Certificate. (a) spection far Rental Certificate. Upon a determination by the director, after inspection of the d ling unit and dwelling in accordance with Section 51.07, that the rental dwelling unit is in co liance with applicable safety codes, the director shall issue a regular rental dweliing unit re ' tion certificate. Notwithstanding the foregoing, the director may issue such regulaz certificate�� 3-��-�9 3 L\USERS�BYRNE�BOSTROA1�ntro317 March 17, 1999 9�-a �� upon condition that one or more violations of applicable safety codes be repaired, corrected or otherwise removed, upon such fiu4her conditions and time schedule as the director may order. Such dwelling unit shall thereafter be subject to inspection upon such schedule as the director may � establish, and be subject to suspension or revocarion of its certificate upon findings of one or mor violations of applicable safety codes. (b) Issuance after Code CompZiance Certifzcate. Notwithstanding any other pro ' on to the contrary, the director shall issue a regular rental dwelling unit registration cerkificate r a building or siructure which has been registered as a vacant building under Chapter 43 of the egislative Code and then has upon inspection received a certificate of code compliance under S ction 33.06 of the Legislative Code within the previous twelve-month period. Sec. 51.06. Suspension, revocafion and denial. (a) Grounds for revocation. The director may, in writing, registration certificate, including a provisional certificate, or deny (i) whenever the certificate was issued in enor or supplied; opend or revoke a rental unit application therefor: basis of incorrect information (ii) when it is determined by the director that use of the dwelling unit constitutes a nuisance as described in Minn. Stat. § 617.81, s d. (2), or is in violation of any ordinance or regulation or any provision of the Saint Pa Legislative or Administrative Codes; (iii) when the owner has submitted a false, ' complete or inaccurate sworn statement as part of the application for a provisional certi cate; (iv) if the owner has failed or refuse o pay fees to the City for inspections or certificates; (v) if the owner has failed to�y fees due under ordinances relating to the excessive consumption of police andfor i pection services; (vi) if the owner or the own 's agent faii to admit the directar for inspections scheduled by the director, or otherwise rovided for in this chapter; (vii) if it is found, up any inspection by the director, that any rental dwelling unit does not conform to the requiremen of applicable safety codes; or (viii) if the (ix) if the becomes or is a � , in a material matter, fails to comply with the regulations in Secrion 51.08. ng or structure containing a rental dwelling unit covered in this chapter 51 building as defined in Section 43.02 of the Legislative Code. (b) R newal required upon revocation. If a rental dwelling unit registration certificate or provision certificate is revoked, the rental dwelling unit for which it was issued shail not again be use or o cupied as a rental dwelling unit ar for residential occupancy until such time as the said certif ate is renewed following inspection and a determination by the director that the said rental dw .ing unit is in compliance with applicable safety codes. �B .yy 4. I:\USERS�BYRNE1B051ROM�i�vo317 March 17, 1999 Sec. 51.07. Inspections. �y � �� (a) Inspection criteria. The director shall not inspect any rental dwelling unit unless it falls within one or more of the following criteria: / (i) such unit has been abandoned by the owner, or the owner of such unit cannot (ii) a police services fee has been imposed or billed as a result of one or m e nuisance events at such unit under Chapter 267 of fhe Legislative Code; (iii) an excessive consumption of ea�terior inspecrion services fee has be unposed or billed as a result of enforcement activity under Sections 34.08.1-.6 of the gislative Code; (iv) water, gas or electric service to such unit has been nonpayment for more than 30 continuous days; (v) the unit is on a parcel of land which is on the list of auditor with the court administrator of the district cow as a result of taxes filed by the county to Minn. Stat. § 279.05; (vi) the unit or the properiy within which the unit is cated has, within the preceding three months, been the subject of a written petition filed 'th the Office of City Clerk by any (A) neighborhood organization which has been reco zed as such by the City, including but not limited to district councils and neighborhood ock ciubs, (B) tenant ar landlord advocacy organization, or (C) neighborhood ar co ity business association which has been in existence for three or more years, which pe tion requests that such unit be inspected and is signed by five or more persons having p sonal knowledge of the unit or property, stating one or more reasons why such unit sho d be inspected by the City; or (vii) the director has reasonable gro ds on which to form a belief that there exists within such unit one or more violations f safety codes which constitute a serious danger to the health, safety and welfare of pe ons living in such unit , or which would make the unit or structure in which the unit wa ocated a dangerous structure or unfit for human habitation under Sections 34.22-.23 of e Legislative Code. (b) Notica of ins� Chapter 51, to inspect a11 Owners of rental dwelli interest in housing whicl are necessary to fixrther that the purposes of s codes. �ection ower. The director is hereby authorized, in conformity with this rent dwelling units to enforce this chapter and all applicable safety codes. ng �ts are placed on notice that the city has a substantial governmental i's safe and free from safety code violations, that warrantless inspections e regulatory purposes of this chapter and other applicable safety codes, and inspecrions aze clearly limited to seeking compliance with applicable safety (c) Sco e of inspection. The director is authorized, in conformity with this Chapter 51, to inspect all re dwelling units in dwellings, whether having a provisional certificate or a regular registratio certificate hereunder or not. The inspection may include the building ar stxucture conta' ' the rental dwelling unit, the land upon which it is located and accessory uses or structures relate o the rental dwelling unit. (d) Owner duty to provide access for inspection. Owners shall provide access to all portions � 3 .�1 �y� 5 I.\USERS�BYRNEBOSTROIvAintro317 March 17, 1999 99-a �a of a dwelling containing a rental dwelling unit for inspection by the director of the building and structure as well as accessory use structures related to, or affecting the safety of, the rental dwelling unit. (e) Notice of violatzons. The director shall give notice to the owner of any violations of the applicable safety codes which aze discovered during any inspection. Sec. 51.08. Regatations. (a) Notice by owner. The owner of a rental dwelling unit for which a rental � registration certificate has been issued is under a continuing obligarion to give written director of any changes in the infotmation supplied as part of the appiication for th certificate. This includes any changes or modificarions of ownersYrip of the said unit, c of the said unit either to a non-rental use or to a non-residential use. g'unit to the conversions (b) New ownen A new owner of a rental dwelling unit shall file w' Yhe director a written application for a new provisional certificate under Section 51.03 if such elling unit is still being used or occupied under an existing provisional certificate. Such applic 'on shall be filed within 30 days after such new owner acquires an interest in the rental dwelling 't whether or not such interest has been recorded. (c) Change of use. If the use of a rental dwelling subject to this chapter changes from a rental dwelling unit or is not used for residential occup cy, it shail immediately be required to meet all requirements of law, including the requirement, r a certificate of occupancy before being used for such new ar changed use. � Sec. 51.09. Fees. (a) Annual fee. The owner of a rent dweiling unit shall pay an annual fee of $20.00, commencing with the application for a pro ' ional certificate, and payable each year thereafter. The owner remains obligated to pay such fee ' g ownership of the rental dwelling unit, and shall pay any delinquencies therein before tr sferring all ar any part of the ownership of said unit. Notwithstanding the foregoing, a n owner making application for a provisional certificate is obligated, and sha11 be required, o pay all such current and delinquent annuai fees with the application. (b) No fee - new dwelling unit registrati covered by a building F There shall be no fee charged for the issuance of a regular rentai ate for new dwellings at the completion of their construction (c) Certific e issuance. The fee, to be submitted at the time of application, for the issuance of a provisional r regular certificate, shali be $100 for a rental dwelling unit in a single-family dwelling, and 25 for a rental dwelling unit in a two-family dwelling. (Reserved.) ��-�� ( I:\USERS�BYRNE�BOSIROM�mtro317 Mazch ]9, 1999 �� a�a Sec. 51.10. Exemptions. Establishments, having rooms or facilities which would be covered by the definirion of a rental dwelling unit, which aze licensed by the City of Saint Paul under other provisions of the Saint Paul Legislative Code, are exempt from the provisions of this chapter if such establishments and the rental dwelling units therein are required to comply with applicable safety codes as a condition or requirement of licensure. Sec. 51.11. Tllegal Occupancy. No person shall occupy, use or reside in a rental dwelling unit in any one- ar'o-family rental dwelling of Group R-3 occupancy after October 1, 1999, which does not ave a rental dwelling unit registration certificate. Any unit or structure which is so occupied, u d or resided in shall be an unlawful structure and subject to the provisions of 5ection 34.23(2 of the Legislative Cade relafing to illegal occupancy. Such illegal occupancy also constitutes azard to the health, safety or welfare of the occupants and the public, and may be conde ed by the appropriate enforcement officer under Section 34.23 of the Legislative Code. Sec. 51.12. Penalty. Notwithstanding the lack of a specific reference thereto, violation of, or failure to comply with, any section, provision or requirement in this chapter a11 be a misdemeanor and shall be subject to Sections 1.05 and 1.06 of the Legislative Code, d to the provisions of applicable state statutes. This chapter is a part of the city health, safe , housing, building, fire prevention and housing maintenance codes, and a violation thereof sh be deemed to be a violation for purposes of st�.t:, statutes allowing escrow of rent to remedy d lations. Sec. 51.13. Appeal to Legislative Hearing Orders of the director are subject to Sec. 51.14. Appiicability of Other 18.02 of the Legislative Code. Nothing in this Chapter 51 ' intended to waive, replace or amend the applicability or enforcement of any other law, or ' ce or regularion applicable to residential dwellings, including but not limited to, zoning, nuis e abatement, or licensing ordinances. Section 2 Section 33.06 certificate of comulia Sec. 33.06. 1e Saint Paul Legislative Code, providing for the issuance of a is hereby amended by adding the following new subsection (d): of compliance. (a) Th uilding official may issue a certificate of compliance for any building or structure in oup R-3 or M occupancies when it is determined that such building or sh complies 'th the provisions of Chapter 34 of the Saint Paul Legislative Code. The fee required for iss ce of a certificate of compliance shail be one hundred dollars ($100.00) for a single- 2 f' dwelling and one hundred twenty-five dollars ($125.00) for a two-family dwelling. �� 3 ��-q� '� I:\USERS�BYRNE�BOSTROMV�o377 Mazch 17, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 9�-�-�2 9� (b) The building official may issue a certificate of compliance for any building or strucriue in Group R-1 occupancy, as defined in the Minnesota State Building Code, when it is found that such huilding or structure complies with the provisions of Chapter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupancy fee, shall be one hundred fifiy dollars ($150.00) for a three-family dwelling, one hundred seventy-five dollars ($175.00) for a four-family dwelling, and ten dollazs ($10.00) per unit for a five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a maximum of three hundred doliars/ ($300.00). (c) There shall be no fee chazged for the issuance of a certificate of compliance�f`or new buildings at the completion of their construction covered by a building pernut. � (d) The building o�cial may, without fiirther inspection, issue a certi ate of compliance for any building or struchxre which has been issued a regular rental dwellin unit registration certificate, based on an inspection under Chapter 51 of the Legislative C e, within the previous twelve-month period. Section 3 This ordinance sha11 take effect and be in force on the�tliirtieth day following its passage, approval and publication. � Requested by nepaxtment of: By: Adopted by Conrtcil: Adoption Certified bl/ Council Secretary BY: Approved by Ma*or: Date By' Fozm A ro�ed by Cif} AbC ney BY: �-�/ —/� Approved by ayor for Su mission to Council By: 8 L\USERS�B7RNE�BOSTROM�intro317 March 17, 1999 '� 1 J�� •rrlc-cr-1999 17� 02 .�. S A 1 N t �♦ Y L A t E w A S S O t � A t 1 O N e• 11 E♦ttOai� PYFSWFNI �OhrCb biOnCh. GR� P.rsx�w,-e�cc� �eMeo pop+oot. CRS. GRi Scc�:,k, Opltn! FYeek TRFiuutE[ Roncitl Cylko.vfw. GRI ��tECtOk�nt-WlGE YKtO Gay. GR7 P�tT PeES�ocat A41e�+oei OnO�. GRS, GH BGw1D O� � AEC10t3 lotepR bsroo�, CtB, �RS, GRI Co+ner+ne Ldena0l. GRt CR� Sheile CCMO6y. C85. GR� scon Ohco� GRI �arv �o�mon. ont R'm Ko!a�insti. GR� TO�y KuctObesY.. CRS. GRI Mry11/r. Llnh. GRI Ree leon �naon�, cci IJ PoRRNCS !ab P�tsnon rom schsel e�eg SHdesn. GRi aoC snsen. Gar Re.�ftn o� +m Y..a +nKnott Onsn. CRS. GR+ Suta D�ec^.ioes undo �ntlerson pOMC�p brOnc�, GRI ROINtlriDJMy GRi µ�Ci+oa3 r.��sko. GR� ♦ttcMei Olten GRS. G2i JoniCS ROp�t01, 6R4 CRS Missy t�omASen N.noN.t Da�¢crow raknwt titv�Ice. GRi Exce•rwt ��ec Pecs�ce•n [e7n O Ho1T ST PAUL �� V s�s f Apri127.1999 Thc Honornble Jay Hu.an�v Couacilmcabs Ciry of St. 4au1 YS W Ke11op,� Blvd St Paul MN SS IO2 Dw Cout�cikaesabtt Hmuur. ��ir�'�� 1 C�EZ�nr� 'zn�� 'ILank you for du opPomsT'kY ro mat w.ith you �o di�cuss the pauibl: implaaeatation of rattal unit tepisuuioa for �iagio-family and daptac rental propatY• We aypreraale your willinQnaf co hear our coaeertu. Our msin poi�a ia oppositioa to resual uni� registration are: 1. Tl�e neod fos a mo� foeusrd a�yroach :m• ar�eblan reotat amaccty. Reatal usilt regstratien er�vtea a new progun and bvTeauaaCy, w'ch a�ootapassez boch reeponsible aad erranc )andlords. it is oar eonternion tLat we should Aot punish good landlords so address she groblrms ckat exiss. I,aa� yau, the Clry Co�+ncll passed a eomplatnt-based orclinaACe, which was meaac [o battes pi:+point problem pmpccies. Tne or�iinance, whlch w� supponed by SP.iAR, avas never implaaec,ted and it is unclar wheihet thae u�ue funds ailoceted to this effart. 2. 721e C09I IO p10�tJSY Own�f9 dAd teifBStts t0 i3 B L?iital NIIit ttglSLTat101! 3S exneme. T2x proposed cost of S I OOtunit ls stag8�. This ne�v taz may be passed an w rrnteis already feeling the es,ch od a tipjrt bouxing muket. The propoecd ordinan:e a?so orcaces a new lsmdlnp soutce for ehc C1ty becauu the amoau would b� aanual, tathar sAe� a onatuao fse• Tnt foAowin; ate ouT comDromise suggestions to recoguzc the problem, a��ert che rarisrr�sion praesc, and improvo rhe rensal housins stak of Si. Yaul. The St. Paul Atx Aasoeiation of RE+�L70RSb and the Respontible LuneSlords rmo�izo that some neighborhoods in the City are plagued with de[eriorating proeerry conditions. Wc also agree, thougti unstudied, thac a�rata proportion of pmbleme een be attributed W the conditien o! rental proparty. !t is aur tw1 u�d d�sits to wask in parusetahip with tbe Crry, communiry groupa, and blocic elube, to make e�igiifionnt impeec �n the eo:aing monrhs to rhe conQition otonr mosr u-risk propatia. Our ptepocats to werk +vith the city uslude l. RrleutitudAy tDe ReaGJ Trs Equlty pro�ram io St. Paut. Reatai Taz Equity wu an extrsmety eueeee�5�1 progam in ihc mid•149Q's iss the City. Owners oS 1 snd o' unit teotal proptrty aoWd teeeive a tax ersdl! for makiag aeeded 'unprov��s to rmta! propctty. Ova s5p renu) Dtopaties were lupnpved ir1 the final ytar of tht Progam. Tna yrogaai wns diseoatirmed whrn Suce fundinY ceased. The Raual 325 Ecst Rosaicwn Avenue • Scint P�v1. MN 55117-20DD �y PhO�E:65!(�14•5206 • fCX6S}(�74}1�� • NB7: wWw.SpOOf.C6T �• u £-moif: spear�spaor.com 19PR-27-1999 1�:02 •M• 7♦ i M► P A1 Y t A t t♦ � i f O G 1 A T i O N ef R E A 1 i O t 3� 5T f�RIP� ti�EA REq�TDRS �� tAp vor�i FO� Raa Ettofe• T� Equity Yragra:a is an a�colleas wndidats for ase ai S.TA.R giaai fw�ds and �au1d be adminiataed with tht aaoistance of eommunley groups, rmho7s, the eity and blxk etub� in tYu masc distrased arerac of tbe city where tha patts►tage of rental propeRy is hiq}�. 2. Enforcement of the ordiaance pa»ed iD teu 1997 io addreu rmtei properties witb repeat wmpldot�. As ehe a�d of 1997 �he CitY Councl passed s eomylein�•boead ozd�suiee wkuch would havc elmnped-down oa pmb7em lac�dlozds who did not saaintaiti thoit prvp�ies or wbo �vve tbe »etims of �uuuly taiant:. W e favar the campl�.nt-based prooess, shrough restraint and a fair appeal-Pracas should be a camponeat to svoid vindicdve complaiats. 3. Cratioa of a lsadlord/commuairy•Lased pepel to ditcusy dEBerenca� Det+veee Lodlordlcity aad laadlordltenaut. ltie goa! is to mate landlords morc pr�active wheu complainq and psoEiana atise. Working elmely vritl+ Code Enibrcrmait pe»onruS m idrnrPy yrebleme, t}u Rzsyon�ible Landlords �¢n offer edueaclon and mrdiation beswecn elty, u�aanu, neighbors a�d lusdlord9. SPA1tL wiU bxome mom proictive in disput� re4otution� 4, Spemor Awardt for Renta! Property Improrcment. Rather iAan etenting a"bad latidlord list" list, we will apaclighe landlords who maka si�cant imp:ovemcats w their propatia thTOUIIfi out education, and iucnrperete tlue informetion inW associatlon fnaieri8ls. OJc wi11 yhow tha[ iaspreving property eondie�n is not on)y tne ri�ht chinQ to dq bnt also is pzofuable. MGre auccas stories tteed to be highlighted. 3. Work more doidy wlth hleck @yp�. yVe reaiiy hope for the opportunity to �ot�c witt� tAa block elube mae eloge3y to idmtify prob�ems aad consider solutioru. We plan w da � beRa job of enrnrnunicatiny with ncighbozhood goups wlso often heu the first complaints Som neighborm. b. idEatt(y pyore lacenrivo: f9r 4=.np sad otvacr-occupaacy, work �vuh eity ofticisls atid Counciimembers:a idem�ty incent}ves for owasroecvpaacy in duplrxa. �� Rericw the curreet compfsints wiib eode eaiorecmeat — A suPgestion Is to recruit aa intera Ior the eummer to roview complaints that ho�z bern filed with the Code Eaforcemrnt Degaranenc. Mou city otfieiaia (t}uc we've spoken +vith) egree zhat the sna)orlcy af wmplaints have eitha Deen ezterlor-based or urtru�y tenams. Soth of thssa isua ut elresIIy addressed in eode� already ea tho books. The ultimate quution is "How many eompla,ms were interior•be�ed ahich �vould be addresaed by sAi: pmposal". Is this Droposa! praponionate with the problecas we aze axountetiay? We need aiore in£oRr !• Rcvfew� tbe etleetiventu oi scntal reglstrstlop ln MLw•uka aad Minneapoti�. Both Minnapolis and ,�iilwauken have ohwen w implemant � rencal unit reyistraaon yoliey, though differcnr frosn the St. Pau; propo:al. Enoygh time hns pessed that is�f'ermation ur� be �ivt�n,�a th� tffectiveness of tk�cee progaav, and ► more informed daisioy ryn be madc bc cicy oS8cials oa moving fonvard wiTh rrntal rcg3suscion. 3?S East Rosebwn Avenue • 5oint Po�l, MN SS{ {7•2ppp �� hane: 612/771•5206 • fo,c: 612l774-11>7 • rter: wwwsPOOr.tom E-mail: �paor�spcor.com . �• -�+ 'w ,,,, s��r1 ,ut AtE• A S s O C 1 A t 1 O N o• R �ALTOS S' a � rr+�. wac., .�c.i �.�n.a �� - fie voice for itea E=�atQ' 9. Work w3tD tE� HmilaE Ceurt O!litIals. Work wssh Patrlek Hat and orhas in tbe Housine Coeat process t2vou� educairon programe for landlvi3s and pm}saps vrotk with o�mecs of particalarly diara�ed ptePerties on thcirrights u,d resperosibilities w3ih tenatns aad pmper m�imrnwaoc• 10. A�vie+r Aspect� of cbc Ha�Acq Coda Makn recommendatioas af which aode provislons are the mwt ditAwh to mee�. Ako, to tnform laadiords on msiateaancc tips afld reLabilitttion options aad P�� l!. Work with �on�irg IemrmaHoa Of6ce More Cb�ciy. WorY with HIO stsff to help implemrnt onr ylaa. It i� our hope that the regissradon Fvocess can bc put•off for 6 montLs io arder so bryia eaforzing tho wmpisiat_yayed ptocess and wc have an opporn�nity to im�lement our idaas. We wiil continue w ay tad wark with the proyonems of shis ordinance, tisy wtu�cil mambas, and oth�ss in an eQ'on to ceaeh o eompromiee th�t target5 pr�blem propenirs without erea[3n� new nxe� on good landlords. We apprecute yeur dedication and ha►d work oa haiuing issua and look fowsrd to working with You in the futuse. IPyou.hnve any quaetions, feel hee to conuet me at (651) ?72-6341, or Paul Sohscudt at (65!} 547•68I0. �� Periard Wu Affair� Dirnetor St. P�ul Paea Association of Rif,LTORS' �� Paul Schmidt Plesidatrt St. f au! Aasociacion of R�ponssblc Landlords 325 Eost Roielpwn Arenue � Solnt Pqui. MN SSl 1 �-?OOC Phone: 612/7�4520b • Pax: 61II?7411 �7 • Net: vnwv.sppor.com �• 4 c_,....y� ....,...��.�...., �..,., TOrR{. F.Oa TOTAL P.04 Council File # � - a � � � ` p q ��M�, C ��.Y S � p� � Ordinance # �0.y S �� \1 { Green Sheet #� a�� ORDINANCE �'v CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee Date : An ardinance requiring the inspection and registration of certain rental units in one and two family dwellings. 7 THE COUNCIL OF THE CITY OF SA1NT PAUL DOES ORDAIN: pUBIiSHFD MAY �9 1999 Section 1 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 This Chapter does not appiy to or cover any dwelling which is occupied and used for the purposes of a homestead by its owner. The Councii of the City of Saint Paul finds and determines that rental dwelling units in one- and two-fanuly dwellings which are not owner-occupied are in need of registration to promote and enforce safety code compliance, to increase the maintenance and upkeep of such dwellings, and to avoid properiy deterioration and blight. The requirement to obtain a rental dwelling unit registration certificate will enhance the safety and maintenance of such rental dwellings, and decrease the need for complaint-driven inspections based on ca11s for service from occupants or neighbors who may fear or risk some form of reprisal from landlords or tenants. Accordingly, the requirement of inspection and code enforcement directed at such dwellings will improve the health, safety, and welfare of the citizens of Saint Paul who live in and around its rental dwellings, as well as that of the entire city. Section 2 A new Chapter 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. 51.01. Rental Dweiling Unit Registrafion Certificate - Requirement. 34 Unless an owner has applied for and received a registration certificate under Section 51.03, 35 no rental dwelling unit in any one- or two-family rental dwelling of Group R-3 occupancy shall be 36 used or occupied after October 1, 1999, until the director has 37 ss � R� y'�� tR -1�1 � issued a rental dwelling unit registration certificate under Secrion 51.03. It shall be a misdemeanor to rent or lease, or permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registratlon certificate. Notwithstanding any other provision of this Chapter 51, such Chapter does not apply to or cover any dwelling which is occupied and used for the purposes of a homestead by its owner. Sec. 51.02. IDefinitions. Unless otherwise expressly stated, the foilowing terms shall, for the purpose of this section, have the meanings indicated in this subsection. (a) "Dwelling" is any one- or twafamily dwelling which is not owner-occupied and homesteaded, and includes Both the building or structure and the land upon which it is located, as well as accessory use structures. The term "dwelling" also includes any multifamily residential building or structure which (i) is not required to have a certificate of occupancy under Chapter 33 of the Legislative Code, and (ii) is not exempt under Section 51.10 of the Legislative Code. (b) 'Director" is the Director of the Office of Citizen Services, and his or her designee or designees, and shall include any enforcement o�cer under his or her supervision or direction, or other duly authorized representative. (c) "dwner" 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, and includes the owner's authorized agent. (d) The "recorder's office" is the Ramsey County Department of Property Records and Taxation, or its division which maintains title and property records, and any successor agency or department thereof. (e) "Rental dwelling unit" is any room or rooms, or space, in any dwelling designed or used for .residential occupancy by one or more persons who are not the owner or a member of the owner's family. (fj "Residential occupancy" is occupancy in a building or portion thereof, for residential purposes, used or intended to be used for living, sleeping, and cooking or eating purposes. (g) "Safety code" or "safety codes" include any fire, housing, health, 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 lawful agency or department thereof, which are applicable to a dwelling in such City. Safety code includes, without any lunitation 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. Sec. 51.03. Rental Dwelling Unit Registration Certificate. (a) Written application. On or before September 1, 1999, the owner of each dwelling in which there is a rental dwelling unit, and who wishes to conunue to rent or allow residential , ��.�a 9q-�.�� 4 occupancy of such unit after October 1,1999, shall make a written application to the director, on an 5 approved for_m fiiruished by the same, for a rental dwelling unit registration certificate to allow the 6 use or occupancy of the said rental dwelling unit. The director may require such information as will 7 permit effecrive enforcement of this chapter, inciuding but not limited to: 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 (i) a description of the premises; (ii) the name, address and telephone numbers of the owner or owners; and (iii) the name, address and telephone number of the refuse removal person or company which supplies refuse removal services for the rental dwelling unit. (b) Reserved. (c) Issuance. The director shall issue a certificate to the owner of the rental dweliing unit who has submitted a complete application and paid the applicable fees. A certificate shall authorize the continued occupancy of the rental dwelling in existence on September 1, 1999. A certificate is subject to renewal every year. Such rental dwelling unit 3s subject to inspection under Section 51.07, and to suspension, revocation or denial as provided in Section 51.06. (d) Issuance after Code Compliance Certificate. Notwithstanding any other provision to the contrary, the directar shall issue a rental dwelling unit registration certificate for a building or structure which has been registered as a vacant building under Chapter 43 of the Legislative Code and then has upon inspection received a certificate of code compliance under Section 33.06 of the Legislative Code within the previous twelve-month period. (e) Smoke detectors required. No certificate shall be issued unless each such rental dwelling unit has a proper, adequate and operable smoke detectar. 3 ��-R5 Sec. 51.04. Reserved. Sec. 51.05. Reserved. Sec. 51.06. Suspension, revocation and denial. qq�� (a) Groundsfor revocation. The directormay, in writing, suspend orrevoke arental dwelling unit registration certificate or deny an application therefor: (i) whenever the certificate was issued in error or on the basis of incorrect information supplied; (ii) when it is determined by the director that the use of the dwelling unit constitutes a nuisance as described in Minn. Stat. § 617.81, subd. (2), or is in violation of any ordinance or regulation or any provision of the Saint Paul Legislative or Administrative Codes; (iii) when the owner has submitted a false, incomplete or inaccurate statement as part of the application for a certificate; (iv) if the owner has failed or refused to pay fees to the City for inspections or certificates; (v) if the owner has failed to pay fees due under ordinances relating to the excessive consumption of police andlor inspection services; (vi) if the owner or the owner's agent fail to admit the director for inspections authorized by this chapter; (vii) if it is found, upon any inspection by the director, that any rental dwelling unit does not conform to the requirements of applicable safety codes; (viii) if the owner, in a materiai matter, fails to comply with the regulations in Section 51.08; n3� (ix) if the building or structure containing a rental dwelling unit covered in this Chapter 51 0 '' , . � 1 becomes or is a vacant building as defined in Section 43.02 of the Legislative Code. (� �� 2 �{ 3 (b) Renewal required upon revocation. If a rental dwelling unit registration certificate is 4 revoked, the rentai dwelling unit for which it was issued shall not again be used or occupied as a 5 rental dwelling unit or for residential occupancy until such time as the said certificate is renewed 6 following inspection and a determination by the director that the said rental dwelling unit is in 7 compliance with applicable safety codes. S ec. 51.07. Insp ections. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?g 29 30 31 32 33 (a) Inspection criteria. The director shall not inspect any rental dwellang unit unless it falls within one or more of the following criteria: (i) such unit has been abandoned by the owner, or the owner of such unit cannot be found; (ii) a police services fee has been imposed or billed as a result of one or mare nuisance events at such unit under Chapter 267 of the Legislative Code; (ii) an excessive consumption of exterior inspection services fee has been imposed or billed as a result of enforcement activity under Sections 34.08.1-.6 of the Legislative Code; (iv) water, gas or electric service to such unit has been discontinued as a result of nonpayment for more than 30 continuous days; (v) the unit is on a parcel of land which is on the list of delinquent taxes filed by the county auditor with the court administrator of the district wurt pursuant to Minn. Stat. § 279.05; (vi) the unit or the property within which the unit is located has, within the preceding three months, been the subject of a written petition filed with the Office of City Clerk by any district council, which petition requests that such unit be inspected and is signed by five or more persons having personal knowledge of the unit or property, stating one or more reasons why such unit should be inspected by the City; or 34 (vii) the director has probable cause to believe that there exists within such unit one or more 35 violations of safety codes which constitute a serious danger to the health, safety and welfare 36 of persons living in such unit , or which would make the unit or structure in which the unit 37 was located a dangerous shucture or unfit for human habitation under Sections 34.22-.23 of 38 the L�gislative Code. 39 40 4] 42 43 44 45 46 47 48 49 (b) Notice of inspection potiver. The directar is hereby authorized, in conformity with this Chapter 51, to inspect all rental dwelling units to enforce this chapter and al] applicable safety codes. Owners of rental dwelling units are placed on norice that the city has a substantial governmental interest in housing which is safe and free from safety code violations, that wanantless inspections aze necessary to further the regulatory purposes of this chapter and other applicable safety codes, and that the purposes of such inspections are clearly limited to seeking compiiance with applicable safety codes. :' i 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 14 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 (c) Scope of inspection. The director is authorized, in confornuty with this Chapter 51, to inspect all rental dwelling units in dwellings, whether having a registration certificate hereunder or not. The inspection may include the building or structure contai.uiug the rental dwelling unit, the land upon which it is located and accessory uses or structures relatad to the rental dwelling unit. All inspections authorized by this Chapter 51 shali be limited to those which aze done for the purpose of seeking compliance with applicable safety codes, and shall take piace oniy at reasonable hours or as may otherwise be agreed upon by the owner and the director. (d) Owner duty to provide access for inspection. Owners shali provide access to all portions of a dwelling containiug a rental dwelling unit for inspection, as permitted under subdivision (a) of this section,'oy the director of the buiiding and structure as well as accessory use structures related to, or affecting the safety of, the rentai dwelling unit. (e) Notice of violations. The director shall give notice to the owner of any violations of the applicable safety codes which are discovered during any inspection. Sec. 51.08. Regulations. (a) Notice by owner. The owner of a rental dwelling unit for which a rentai dwelling unit registration certificate has been issued is under a continuing obligation to give written notice to the director of any changes in the information supplied as part of the application for the certificate. This includes any changes or modifications of ownership of the said unit, and conversions of the said unit eithex to a non-rental use or to a non-residential use. (b) New owner. A new owner of a rentai dwelling unit shali file with the director a written application for a new certificate under Section 51.03 if such dweiling unit is still being used or occupied under an existing certificate. Such application shall be filed within 30 days after such new owner acquires an interest in the rental dwelling unit whether or not such interest has been recorded. (c) Change of use. If the use of a rental dwelling unit subject to this chapter changes from a rental dwelling unit or is not used for residential occupancy, it shall immediately be required to meet all requirements of law, including the requirement for a certificate of occupancy before being used for such new or changed use. Sec. 51.09. Fees. (a) Cert�cate issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration certificate and the first year fee, shall be $30 for a rental dwelling unit in a single-family dwelling, and $50 for a rivo unit rental dwelling. (b) Annual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $20 for a single unit rental dwelling and $40 for a two unit rental dwelling, commencing on January 1, 2001, and payable each year thereafter. The owner remains obligated to pay such fee during ownership of the rental dwelling unit, and shall pay any definquencies therein before transferring all or any part of the ownership of said unit. Notwithstanding the foregoing, a new owner making applicarion for a �4�'�� `.aq certificate is obligated, and sha11 be required, to pay a11 such current and delinquent annual fees with ��'�1,1 � the application. � (c) No fee - new buildings. There shall be no fee chazged for the issuance of a rental dwelling unit registration certificate for new dwellings at the compietion of their constnxction covered by a building permit. (d) Inspection fees_ (Reserved_) 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. 51.10. Exemptions. Establishments, having rooms or facIlities which would be covered by the definition of a rental dwelling unit, which aze licensed by the City of Saint Paul under other provisions of the Saint Paul Legislative Code, are exempt from the provisions of tlus chapter if such establishments and the rental dwelling units therein are required to comply with applicable safety codes as a condition or requirement of licensure. Sec. 51.11. Illegal Occupancy. No person sha11 occupy, use ar reside in a rental dwelling unit in any one- or two-family rental dwelling of Group R-3 occupancy after October 1, 1999, which does not have a rental dwelling unit registration certificate. Any unit or structure which is so occupied, used or resided in sha11 be an unlawful structure and subject to the provisions of Section 34.23(2) of the Legislative Code relating to illegal occupancy. Such illegal occupancy also constitutes a hazard to the health, safety or welfare of the occupants and the public, and may be condemned by the appropriate enforcement officer under Section 34.23 of the Legislative Code. Sec. 51.12. Fenalty. Notwithstanding the lack of a specific reference thereto, a violation of, ar failure to comply with, any section, provision or requirement in this chapter sha11 be a misdemeanor and shall be subject to Secrions 1.05 and 1.06 of the Legislative Code, and to the provisions of applicable state statutes. This chapter is a part of the city health, safety, housing, building, fire prevention and housing maintenance codes, and a violation thereof shall be deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations. Sec. 51.13. Appeal to Legislative Hearing Officer. Orders of the director are subject to Section 18.02 of the Legislative Code. Sec. 51.14. Applicability of Other Laws. Nothing in this Chapter 51 is intended to waive, replace or amend the applicability or enforcement of any other law, ordinance or regulation applicable to residential dwellings, including but not limited to, zoning, nuisance abatement, or licensing ordinances. � �/ . 7 Section 3 0 Section 33.06 of the Saint Paul Legislative Code, providing for the issuance of a certificate of compliance, is hereby amended by adding the following new subsecfion (d): Sec. 33.06. Certificate of compliance. 8 (a) The building official may issue a certificate of compliance for any building or 9 structure in Csroup R-3 or M occupancies when it is determined that such building or structure 10 complies with the provisions of Chapter 34 of the Saint Paul Legislative Code. The fee required 11 for issuance of a certificate of compliance shall be one hundred dollars ($100.00) for a single- 12 family dwelling and one hundred twenty-five dollazs ($125.00) for a two-fanuly dwelling. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (b) The building official may issue a certificate of compliance for any building or �� structure in Group R-1 occupancy, as defined in the Minnesota State Building Code, when it is found that such building or structure compiies with the provisions of Chapter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupancy fee, sha11 be one hundred fifty dollazs ($ I50.00) for a three-family dwelling, one hundred seventy-five dollazs ($175.00) for a four-family dwelling, and ten dollars ($10.00) per unit for a five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a maYimum of three hundred dollars ($300.00). (c) There shall be no fee charged far the assuance of a certificate of compliance for new buildings at the completion of their construction covered by a building permit. (d) The building official may, without further inspection, issue a certificate of compliance for any building ar structure which has been issued a rental dwelling unit registration certificate, which issuance was based on an inspection under Chapter 51 of the Legislative Code, within the previous twelve-month period. Section 4 This ordinance shall take effect and be in force on the thirtieth day following its passage, approval and publication. Requested by Department of: Sy: By: 1 \ _ TT� Approved by By: Form App ved by City Att rney B f� � ( ��G-�� Appmved by Mayor for Submission to Council BY: IISFIE� MAY �9 1999 Adopted by Council: Date �q Adoption Certified by Council Se etary 9�-� �a Councilmember Bostrom's Office � 17 March 1999 Scott Re n s tr o m 266-8661 ST BE ON COUNCIL AGENp4 BY (DAT� 24 March 1999 TOTAL # OF SIGNATURE PAGES GREEN SHEET No 62366 u �.,,�,�,.� u «r� — ❑ CRYAl10p1tY ❑ CJfYCtiM/f ❑ w+wcw.a�rxersme. ❑ wwr+umrauerc ❑ r�ratwR�aairn+q ❑ (CLIP ALL LOCATIONS FOR SfGNATURE) Creation of an ordinance mandating Rental Registration of non owner-occupied one- and two- family dwellings. PLANNfNG COMMISSION CIB CAMMRTEE CIViL SERVICE COMMISSION Has this Pe«�m ever vmfked untlx a cont�act tor thie tlepaVneM4 YES NO Has thie peisoMfin ever been a cily empbyee? YES NO Dces this persoNfi�m possess a sldll not normallypossesseU by arry curteM dty employee? YES NO Is mis peraoNfirtn a targetea veMon YES NO �lain all ves ans�era on seearate sheet aM atlach M areen sFieet Improve quality of rental housing in Saint Paul. F?,., _ : ^=7' ; 4 '"...,., _ :. , W,_ _ �S; ::� 9. 6 '�� None SOURCE COST/REYENUEBUDQETED{WRCLEONEI YES NO ACTNI7YNUMBER e� 5ub5h�t+� — A,�:�.\ ��, Council File # ` " � 7 Z Ordinance # Green Sheet # � Z 3(� �° ORDINANCE CIT`Y OF SAINT PAUL, NIINNESOTA Presented By Referred To Committee Date : An ordinance requiring the inspection and registration of certain rental units in one and two family dwellings. THE COUNCIL OF THE CITY OF SA1NT PAUL DOES � (Note: The entire ordinance is new. Underlining and stri eovers indicate substantive amendments to the ordinance as proposed at first read' g.) Section 1 This Chapter does not apply to or cover dwelling which is occupied and used for the purposes of a homestead by its owner. The Council of the City of Saint Paul ds and determines that rental dwelling units in one- and two-family dwellings which aze not o er-occupied are in need of �nspeetie� registration to promote and enforce safety code co liance, to increase the maintenance and upkeep of such dwellings, and to auoid properry deterio tion and blight. The requirement to obtain a rental dwelling unit registration certificate will enh ce the safety and maintenance of such rental dwellings, and decrease the need for complaint- ven inspections based on calls for service from occupants ox neighbors who may feaz or risk s me form of reprisal from landlords or tenants. Accordingly, the require ent of syste�xtte inspection and code enfarcement directed at such dwellings will improve the h th, safety, and welfare of the citizens of Saint Pau1 who live in and around its rental dwellings well as that of the entire city. Section 2 I•�iT��1 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. Dwelling Unit Registration Cert�cate - Requirement. Uniess an owner has applied for and received a�s�isis� registration certificate under S tion 51.03, no rental dwelling unit in any one- or two-family rental dwelling of Group R-3 . a •.r_ occupancy shall be used or occupied after October 1, 1999, until the director has i�spe�c�r-r�r� ��,gR I.\USERS�EYAIVE�BOSIR�M�amend421 April 16, 1999 {,}' ' ' ' '' , issued a rental dwelling unit r��,�1 �- registration certificate under Section �1-:9§ 51_03. It shall be a misdemeanor to rent or lease, or 4 permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registrarion certificate. Notwithstanding any other provision ofthis Chapter 51, such Chapter does not apply to or cover any dwelling which is occupied and used for the purQoses of a homeste�- by its owner. Sec. 51.02. Definifions. Unless otherwise eapressly stated, the following terms shall, for the purp�e of this section, have the meanings indicated in this subsection. (a) "Dwelling" is any one- or twafamily dwelling which is ot owner-occupied and homesteaded, and includes both the building or structure an the land upon which it is located, as well as accessory use structures. The term " welling" also includes any multifamily residential building or structure which (i) is no equired to have a certificate of occupancy under Chapter 33 of the Legislative Code, a�d (ii) is not exempt under Section 5110 of the Legislative Code. � (b) "Director" is the Director of Yhe Office of designees, and shall include any enforceme direction, or other duly authorized representa� Services, and his or her designee or sr under his or her supervision or (c) "Owner" is the person, firm, corporatio or other entity listed in the records on file in the recorder's office as holding fee title to e dwelling, and includes the owner's authorized agent. (d) The "recorder's office" is the Taxation, or its division which agency ar department thereo£ � County Department of Properiy Records and title and properiy records, and any successor (e) `Rental dwelling unit" is y room ar rooms, or space, in any dweUing designed or used for residential occupancy one or more persons who aze not the owner or a member of the owner's family. (fj "Residential occ ancy" is occupancy in a building or portion thereof, for residential purposes, used or ' tended to be used for living, sleeping, and cooking or eating purposes. Sec. (g) "Safety co or "safety codes" include any fire, housing, health, safety or other similar code, law d ordinance, promulgated or enacted by the United States, the State of Minnesot the County of Ramsey and the City of Saint Paul, or any lawful agency or departm t thereof, which are applicable to a dwelling in such City. Safety code includes, witho any limitation of the foregoing sentence as a result of this specification, the pro sions of Chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. �re�isienx} Rental Dwelling Unit Re� stration Certificate. �/ (a) Written application. On or before September 1, 1999, the owner of each dwelling in which there is a rental dwelling unit, and who wishes to continue to rent or allow residential-� � �'� �U� 'z I:\USERS�BYRNE�BOSTAOM�ameud421 April 16, 1999 occupancy of such unit after October 1, 1999, shall make a written applicafion to the director, on an;i, ,`1��r— approved form fiuvished by the same, for a pre�siesr� rental dwelling unit registrafion certificate a�� to aliow the use or occupancy of the said rental dwelling unit. The director may require such information as wiil permit effective enforcement of this chapter, including but not lixnited to: (i) a description of the premises; (ii) the name, addtess and telephone numbers of the owner or owners; (in) the name, address and telephone number of the refuse removal supplies zefuse removal services for the rental dwelling unit. (b) Resef-ved. � or company which (c) Issuance.The director shall issue �r�sierrak certificate to the owner of the rental dweiling unit who has submitted a complete plication, {�j�a� and paid the applicable fees. �avisiexa� certificate sha11 authorize the continued occupancy ofthe rental dwelling in existe e on September l, 199 , .:�I�:..-��.a - , ,..�. - - -- --- - -- - - - - /(e) Smoke detectors required. No �rs�isierr� certificate shall be issued unless each such dwelling unit has a proper, adequate and operable smoke detector. 3 `�?�,%� �- I:\USERS�BXRNE�BOS1ROIvnamend427 Apri116, 1999 Sec. S1.Q4. Reserved. Sec.51.05. . eserved. , ., a, r,.,.:,::�:. �:, y....:,;,...�:,...�.•�R:�:.::r Sec. 51.06. Suspension, revocation and denial. (a) Grounds for revocation. The director may, in�writing, suspend or revoke a rental dwelling unit registration certificate;-�n �r•ti€eate; or deny an application therefor: (i) whenever the certificate was issued ; error or on the basis of incorrect information supplied; j (ii) when it is determined by the dfrector that the use of the dwelling unit constitutes a nuisance as described in Minn. Statl § 617.81, subd. (2), or is in violation of any ordinance ar regulation or any provision o�he Saint Paul Legisiative or Administrative Codes; (ii7 when the owner has of the application for a j (iv) if the owner has a false, incomplete or inaccurate s�aern statement as part certificate; or refused to pay fees to the City for inspections ar certificates; (v) if the owner s failed to pay fees due under ordinances relating to the excessive consumption of lice andlor inspection services; (vi) if the o er or the ownex's agent fail to admit the director for inspections s�� , � authorized b� this chapter; (vii) if t is found, upon any inspection by the director, that any rental dwelling unit does not conform to e requirements of applicable safety codes; iii) if the owner, in a material matter, fails to comply with the regulations in Section 51.08; or ��-�.1�- (ix) if the building or structure containing a rental dwelling unit covered in this Ck�apter 51 _ � qY�, r� � ��,�,�. 4. I:\USERS�BYRNE\BOSTRONI�amend421 April 16, 1999 � � � becomes or is a vacant building as defined in Section 43A2 of the Legislative Code. ��- �� (b) Renewal required upon revocation. If a rental dwelling unit registration certificate s� is revoked, the rental dwelling unit for which it was issued sha11 not agai�be used or occupied as a rentai dwelling unit or for residential occupancy until such rime as �said certificate is renewed following inspection and a detemunation by the director that the s�d rental dwelling unit is in compliance with applicable safety codes. Sec. 51.07. Inspections. (a) Inspection criteria. The director shall not inspect any rental dwell" unit unless it falls within one or more of the following criteria: (i) such unit has been abandoned by the owner, or the owner of�ch unit cannot be found; (ii) a police services fee has been imposed or bilied as a r sult of one or more nuisance events at such unit under Chapter 267 of the Legislative de; (iii) an excessive consumption of exterior inspection s'ces fee has been imposed or billed as a result of enforcement activity under 5ecrions 3.081-.6 of the Legislarive Code; (iv) water, gas or electric service to such t has been discontinued as a result of nonpayment for more than 30 continuous day ; (v) the unit is on a parcel of land which is the list of delinquent CaYes filed by the counry auditor with the court administrator of t e district court pursuant to l�inn. Stat. § 279.05; (vi) the unit or the property within w'ch the unit is located has, within the preceding three months, been the subject of a writt petition filed with the Office of City C1erk by any (A) neighborhood organizarion whic has been recognized as such by the Ciry, including but not limited to district councils an neighborhood block clubs, (B) tenant ar landlord advocacy organization, or (C) neighb rhood or community business association which has been in existence for three or mor ears, which petition requests that such unit be inspected and is signed by five or more ersons having personal knowledge of the unit or property, stating one or more reasons y such unit should be inspected by the City; or (vii) the director s reasonable grounds on which to form a belief that there exists within such unit one o more violations of safety codes which constitute a serious danger to the health, safety d welfare of persons living in such unit , or which would make the unit or structure in 'ch tke unit was located a dangerous structure or unfit for human habitation under Sec 'ons 34.22-.23 of the Legislative Code. (b) N ice of inspection power. The director is hereby authorized, in confornuty with this Chapter 51, o inspect all rental dwelling units to enforce this chapter and all applicable safety codes. Owners rental dwelling units are placed on notice that the city has a substantial governmental interes n housing which is safe and free $om safety code violarions, that warrantless inspections are n essary to further the regulatory purposes of this chapter and other applicable safety codes, and th the purposes of such inspections are cleazly limited to seeking compliance with applicable safety 5 I�AUSERS�BYRNE�B0571LOM�amend42! Apd116,199�� 2 (c) Scope of inspection. The director is authorized, in confornuty with this Chapter 51, to 3 inspect all rental dwelling units in dwellings, whether having a 4 registration certificate hereunder or not. The inspection may include the building or struc e 5 containing the rental dwelling unit, the land upon which it is located and accessory uses or struc es 6 related to the rental dwelling unit. All inspections authorized by this Chapter 51 shall be I' ted to d'uector. 10 11 (d) Owner duty to provide access for inspection. Owners shall provide a�ess to all portions 12 of a dwelling containing a rental dwelling unit for inspection, as oernutted unrXer subdivision (al of 13 this section. by the director of the building and structure as weli as accesso use structures related 14 to, or affecting the safety of, the rental dwelling unit. 15 16 (e) Nofice of violations. The director shall give notice to the o er of any violations of the 17 applicable safety codes which are discovered during any inspectio . 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 3& 39 40 41 42 43 44 45 46_ 47 48 49 Sec. 51.08. Regulations. (a) Notice by owner. The owner of a rental d registration certificate has been issued is under a conti director of any changes in the information supplied certificate. This includes any changes or modifications of the said unit either to a non-rental use ar to a non� lli unit for which a rental dwelling unit i obligation to give written notice to the art of the application for the �avisie$a� ownership of the said unit, and conversions idential use. (b) New owner. A new owner of a rental welling unit shall file with the director a written application for a new �evisierr� certificate un r Section 51.03 if such dwelling unit is still being used or occupied under an e�sting certificate. Such application shall be filed within 30 days after such new owner acquires an inter t in the rental dwelling unit whether or not such interest has been recorded. (c) Change of use. If the use f a rental dwelling unit subject to this chapter changes from a rental dwelling unit or is not use for residential occupancy, it shall immediately be required to meet a11 requirements of law, incl ding the requirement for a certificate of occupancy befare being used for such new or changed e. Sec. 51.09. Fees. �ej �a Certific te issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration certificate and the first year fee, sha11 be'.Ek99 30 r a rental dwelling unit in a single-fanuly dwelling, and �23 50 for a rental dwelling unit in two-family dwelling. Eaj b� nnual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $20 f a si e unit ren 1 well�n d 4 f r a two �t rental dwel in , commencing � on Januarv 1_ 2001 _' , and payable each y thereafter. The owner remains obligated to pay such fee during ownership of the rentai dwe ng unit, and shall pay any delinquencies therein before transferring all or any part of the o ership of said unit. Notwithstanding the foregoing, a new owner making application far a �� ( I�\USERS�BYRNE�BOSTROM�amend421 Apnt l6, t999 {'fa/ /�� Y"((! F ��A ,� �evisisnal certificate is obligated, and shail be required, to pay all such current and delinquent N��d� � annual fees with the application. v � (-hj � No fee - new buildings. There shall be no fee charged far the issuance of a rental dwelling unit registration certificate for new dwellings at the completion of their cons covered by a building peYmit. � (d) Inspection fees. (Reserved.) Sec. 51.10. Exemptions. Establishments, having rooms or facilities which would be covered 'y the defuution of a rental dwellir.g unit, which aze licensed by the City of Saint Paul under othe provisions of the Saint Paul Legislative Code, are exempt from the provisions of this chapter i such establishments and the rental dwelling units therein are required to comply with applicable afety codes as a condition or requirement of licensure. Sec. 51.11. Illegal Occupancy. No person shall occupy, use or reside in a rental dw ling unit in any one- or two-family rental dweliing of Group R-3 occupancy after October , 1999, which does not have a rental dwelling unit registration certificate. Any unit or structur which is so occupied, used or resided in shall be an uniawful structure and subject to the provi ons of Section 34.23(2) of the Legislative Code relating to illegal occupancy. Such illegal occ ancy also constitutes a hazard to the health, safety or welfaze of the occupants and the publi , and may be condemned by the appropriate enforcement officer under Section 34.23 of the �islative Code. Sec. 51.12. Penalty. Notwithstanding the lack of a spe 'fic reference theretq a violation of, or failure to comply with, any section, provision or requir ent in this chapter shall be a misdemeanor and shall be subject to Sections 1 AS and 1.06 of Legislative Code, and to the provisions of applicable state statutes. This chapter is a part of e city health, safety, housing, building, fire prevention and housing maintenance codes, and violation thereof shall be deemed to be a violation for purposes of state statutes allowing escro of rent to remedy violations. Sec. 51.13. Appeal to Leg}�lative Hearing Ofticer. Orders of the d;fector are subject to Section 18.02 of the Legislative Code. Sec. 5114. Aunlic�bilitv of Other Laws. Nothi in this Chapter 51 is intended to waive, replace or amend the applicability or enforcemen f any other law, ordinance or regulation applicable to residential dwellings, including but not li ited to, zoning, nuisance abatement, or licensing ordinances. �� '7 I;\USERS�BYRNE�BOSIROM�ameM421 Apol 16, 1999 Section 3 Section 33.06 of the Saint Paul Legislative Code, providing for the issuance of a certificate of compliance, is hereby amended by adding the following new subsecrion (d): Sec. 33.06. Certificate of compliance. (a) The building official may issue a certificate of compliance for any building or structure in Group R-3 or M occupancies when it is determined that such building or s cture complles with the provisions of Chapter 34 of the Saint Paul Legislative Code. The e required for issuance of a certificate of compliance shall be one hundred dollars ($100.00) r a single- family dwelling and one hundred twenty-five dollazs ($125.00) for a two-famil dwelling. (b) The building official may issue a certificate of compliance for y building or structure in Group R-1 occupancy, as defined in the Minnesota State Bu� ding Code, when it is found that such building or structure complies with the provisions of apter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupanc fee, shall be one hundred fifiy dollazs ($150.00) for a three-family dwelling, one hundred s enty-five dollazs ($175.00) for a four-family dwelling, and ten dollars ($10.00) per unit for five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a max' um of three hundred dollars ($300.00). (c) There shall be no fee charged far the issuan of a certificate of compliance for new buildings at the completion of their construcrion cov ed by a building permit. (d) The building official may, without er inspection, issue a certificate of compliance for any building or structure which has been is ed a�eg� rental dwelling unit registration certificate, which issuance was based on an i pection under Chapter 51 of the Legislarive Code, within the previous twelve-month period. Section 4 This ordinance shall take ef ct and be in force on the thirtieth day following its passage, approval and publication. Requested by Department o£: By: Adopted by Council Adoption Certif' d By; Approve y Mayor: BY: / Date by Council Secretary Date Form Ap roved by City Attorney B i�. �.c2 �-��-yl� Approved by Mayor for Suk�mission to Council By: �q �.12- � g I�\USERS�BYRNE�BOSTROM�aruend421 Apnl 16, 1999 o�s��A� ORDINANCE CTTY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee Council File # ��9- d- �oZ- Ordinance # Green Sheet # 3a An ordinance requiring the inspection and registration of certain rental units in one and two family dwellings. THE COUNCIL OF THE CITX OF SAINT PAUL DOES (Note: Since the entire ordinance is new, underlining t�show new material is unnecessary.) Section 1 This Chapter does not apply to or cover ax� dwelling which is occupied and used for the purposes of a homestead by its owner. f The Council of the City of Saint Paul mds and deternunes that rental dwelling units in one- and iwo-family dwellings which aze not o er-occupied are in need of inspection and registrarion to promote and enforce safety code co liance, to increase the maintenance and upkeep of such dwellings, and to avoid property dete ' ration and blight. The requirement to obtain a rental unit registration certificate will enhance he safety and maintenance of such rental dwellings, and decrease the need for complaint- ven inspections based on ca11s for service from occupants or neighbors who may feaz or risk me form of reprisal from 1andlords or tenants. Accordingly, the req ' ement of systematic inspection and code enforcement directed at such dwellings will improve the ealth, safety, and welfare of the citizens of 5aint Faul who live in and around its rental dwelli s, as well as that of the entire city. Section 2 A new Qhapter 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. Sj!Ol. Rental Unit Registration Certificate - Requirement. � Unless an owner has applied for and received a provisional registration certificate under Section 51.43, no rental dweiling unit in any one- or two-family rental dweiling of Group R-3 occupancy shall be used or occupied after October 1, 1999, until the director has inspected it for I�lUSF12S�BYRNE�BOSTROIN�intro317 March 17, 1999 y g qy-�� compliance with applicable safety codes and the provisions thereof, and issued a rental unit registration certificate under Section 51.05. It shall be a misdemeanor to rent or lease, or permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registrari n certificate. Notwitl�stauding any other provision of this Chapter 51, it does not apply to or cov��y dwelling which is occupied and used for the purposes of a homestead by its owner. Sec. 51.02. Definitions. Unless otherwise eapressly stated, the following terms shall, for the pur�ose of this section, have the meanings indicated in this subsection. � (a) "Dwelling" is any one- or two-fanuly dwelling which is not owner-occupied and homesteaded, and includes both the building or shucture the land upon which it is located, as well as accessory use structures, The term " wetling" also includes any multifamily residential building or structure which (i) is no equired to have a certificate of occupancy under Chapter 33 of the Legislative Code, (ii) is not exempt under Section 5110 of the Legislative Code. (b) `Director" is the Director of the Office of C designees, and shall include any enfozcement direction, or other duly authorized representati� Services, and his or her designee or ;r under his ar her supervision or (c) "Owner" is the person, firm, corparation r other entity listed in the records on file in the recorder's office as holding fee title to t dwelling, and includes the owner's authorized agent. (d) The "recorder's office" is the dmsey Count7 Department of Properiy Records and TaYation, or its division which intains title and properry records, and any successor agency or department thereof. (e) "Rental dweiling uniY' is y room or rooms, or space, in any dwelling designed or used for residential occupancy by one or moze persons who are not the owner ar a member of the owner's family. (fj "Residential occu ancy" is occupancy in a building or portion thereof, for residential purposes, used or i ended to be used for living, sleeping, and cooking or eating purposes. (g) "Safety cod or "safety codes" inctude any fire, housing, health, safety or other similar code, law ordinance, promulgated or enacted by the United States, the State of Minneso � the County of Ramsey and the City of Saint Paul, or any lawful agency or departm t thereof, which are applicable to a dwelling in such City. Safety code includes, witho any limitation of the foregoing sentence as a result of this specification, the pro sions of chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. Sec. �j!03. Provisional Registration Certificate. (a) Written application. On or before September 1, 1999, the owner of each dwelling in there is a rental dwelling unit, and who wishes to continue to rent or allow residenfial � 2 I:\USERS�BYRNE�BOSIROM�intro3t7 Maroh I'7, 1999 3''�� -a�a occupancy of such unit after October 1, 1999, shall make a written application to the director, on an approved form fiunished by the same, for a provisional rental unit registration certificate to allow the use or occupancy of the said rental dwelling unit. The director may require such information as will permit effective enforcement of this chapter, including but not limited to: � (i) a description of the premises; (ii) the name, address and telephone numbers of the owner or owners; and (in) the name, address and telephone number of the refuse removai person or cox}�pany which supplies refuse removal services for the rental dwelling unit. � (b) Self-certification. The written applicarion shall contain the sworn stat ent of the owner that the rental dwe:ling unit for which a provisional certificate is sought is ei er (i) in compliance with applicable safety codes, or (ii) if not in such compliance, listing particular matters or requirements or defects which aze not in compliance with the safety codes d the owner's schedule by which such owner certifies that each matter listed will be conect d or repaired or otherwise brought into cumpliance with the applicable safety codes and with all quired building permits. The owner's schedule shall specify the date by which each such matter 11 be cortected or repaired, but in no case shall such date be more than twelve months from the te of the sworn statement. Such swom staxement must also include a statement by the owner th the rental dwelling unit for which the provisional certificate is sought has a proper, adequate operable smoke detector in it. (c) Issuance.The director shall issue a dwelling unit who has submitted a complete app (b) above, and paid the applicable fees. A pt occupancy ofthe rental dwelling in e�stence on of a regular rental dwelling unit registration ce denied based on any of the grounds in Section be revoked and the rentai dweiling unit for provisional certificate is subject to renewaJ e ry as a regular certificate. provisio 1 certificate to the owner of the rental ication the required sworn statement in subsection �visi al certificate shall authorize the continued iep mber 1, 1999, pending inspection and issuance ti cate; provided that if such regular certificate is �.06, the provisional certificate shall also thereby ich it was issued shall not furtlier be occupied. A rivo years and may be revoked on the same grounds (d) Not availabde for new converted dwellings. Kental dwelling units which are constructed or converted to rental u for residential occupancy after September 1, 1999, shall not be eligible for a provisional certi ate, and shall not be occupied for human habitation prior to the issuance of a regulaz rental dw ing unit registration certificate after inspection by the director. (e) Smoke c dwelling unit has a Sec. 51.04. Sec. 51.05. ✓required. No provisional certificate shall be issued unless such rental adequate and operable smoke detector. Dwelling Unit Registration Certificate. (a) spection far Rental Certificate. Upon a determination by the director, after inspection of the d ling unit and dwelling in accordance with Section 51.07, that the rental dwelling unit is in co liance with applicable safety codes, the director shall issue a regular rental dweliing unit re ' tion certificate. Notwithstanding the foregoing, the director may issue such regulaz certificate�� 3-��-�9 3 L\USERS�BYRNE�BOSTROA1�ntro317 March 17, 1999 9�-a �� upon condition that one or more violations of applicable safety codes be repaired, corrected or otherwise removed, upon such fiu4her conditions and time schedule as the director may order. Such dwelling unit shall thereafter be subject to inspection upon such schedule as the director may � establish, and be subject to suspension or revocarion of its certificate upon findings of one or mor violations of applicable safety codes. (b) Issuance after Code CompZiance Certifzcate. Notwithstanding any other pro ' on to the contrary, the director shall issue a regular rental dwelling unit registration cerkificate r a building or siructure which has been registered as a vacant building under Chapter 43 of the egislative Code and then has upon inspection received a certificate of code compliance under S ction 33.06 of the Legislative Code within the previous twelve-month period. Sec. 51.06. Suspension, revocafion and denial. (a) Grounds for revocation. The director may, in writing, registration certificate, including a provisional certificate, or deny (i) whenever the certificate was issued in enor or supplied; opend or revoke a rental unit application therefor: basis of incorrect information (ii) when it is determined by the director that use of the dwelling unit constitutes a nuisance as described in Minn. Stat. § 617.81, s d. (2), or is in violation of any ordinance or regulation or any provision of the Saint Pa Legislative or Administrative Codes; (iii) when the owner has submitted a false, ' complete or inaccurate sworn statement as part of the application for a provisional certi cate; (iv) if the owner has failed or refuse o pay fees to the City for inspections or certificates; (v) if the owner has failed to�y fees due under ordinances relating to the excessive consumption of police andfor i pection services; (vi) if the owner or the own 's agent faii to admit the directar for inspections scheduled by the director, or otherwise rovided for in this chapter; (vii) if it is found, up any inspection by the director, that any rental dwelling unit does not conform to the requiremen of applicable safety codes; or (viii) if the (ix) if the becomes or is a � , in a material matter, fails to comply with the regulations in Secrion 51.08. ng or structure containing a rental dwelling unit covered in this chapter 51 building as defined in Section 43.02 of the Legislative Code. (b) R newal required upon revocation. If a rental dwelling unit registration certificate or provision certificate is revoked, the rental dwelling unit for which it was issued shail not again be use or o cupied as a rental dwelling unit ar for residential occupancy until such time as the said certif ate is renewed following inspection and a determination by the director that the said rental dw .ing unit is in compliance with applicable safety codes. �B .yy 4. I:\USERS�BYRNE1B051ROM�i�vo317 March 17, 1999 Sec. 51.07. Inspections. �y � �� (a) Inspection criteria. The director shall not inspect any rental dwelling unit unless it falls within one or more of the following criteria: / (i) such unit has been abandoned by the owner, or the owner of such unit cannot (ii) a police services fee has been imposed or billed as a result of one or m e nuisance events at such unit under Chapter 267 of fhe Legislative Code; (iii) an excessive consumption of ea�terior inspecrion services fee has be unposed or billed as a result of enforcement activity under Sections 34.08.1-.6 of the gislative Code; (iv) water, gas or electric service to such unit has been nonpayment for more than 30 continuous days; (v) the unit is on a parcel of land which is on the list of auditor with the court administrator of the district cow as a result of taxes filed by the county to Minn. Stat. § 279.05; (vi) the unit or the properiy within which the unit is cated has, within the preceding three months, been the subject of a written petition filed 'th the Office of City Clerk by any (A) neighborhood organization which has been reco zed as such by the City, including but not limited to district councils and neighborhood ock ciubs, (B) tenant ar landlord advocacy organization, or (C) neighborhood ar co ity business association which has been in existence for three or more years, which pe tion requests that such unit be inspected and is signed by five or more persons having p sonal knowledge of the unit or property, stating one or more reasons why such unit sho d be inspected by the City; or (vii) the director has reasonable gro ds on which to form a belief that there exists within such unit one or more violations f safety codes which constitute a serious danger to the health, safety and welfare of pe ons living in such unit , or which would make the unit or structure in which the unit wa ocated a dangerous structure or unfit for human habitation under Sections 34.22-.23 of e Legislative Code. (b) Notica of ins� Chapter 51, to inspect a11 Owners of rental dwelli interest in housing whicl are necessary to fixrther that the purposes of s codes. �ection ower. The director is hereby authorized, in conformity with this rent dwelling units to enforce this chapter and all applicable safety codes. ng �ts are placed on notice that the city has a substantial governmental i's safe and free from safety code violations, that warrantless inspections e regulatory purposes of this chapter and other applicable safety codes, and inspecrions aze clearly limited to seeking compliance with applicable safety (c) Sco e of inspection. The director is authorized, in conformity with this Chapter 51, to inspect all re dwelling units in dwellings, whether having a provisional certificate or a regular registratio certificate hereunder or not. The inspection may include the building ar stxucture conta' ' the rental dwelling unit, the land upon which it is located and accessory uses or structures relate o the rental dwelling unit. (d) Owner duty to provide access for inspection. Owners shall provide access to all portions � 3 .�1 �y� 5 I.\USERS�BYRNEBOSTROIvAintro317 March 17, 1999 99-a �a of a dwelling containing a rental dwelling unit for inspection by the director of the building and structure as well as accessory use structures related to, or affecting the safety of, the rental dwelling unit. (e) Notice of violatzons. The director shall give notice to the owner of any violations of the applicable safety codes which aze discovered during any inspection. Sec. 51.08. Regatations. (a) Notice by owner. The owner of a rental dwelling unit for which a rental � registration certificate has been issued is under a continuing obligarion to give written director of any changes in the infotmation supplied as part of the appiication for th certificate. This includes any changes or modificarions of ownersYrip of the said unit, c of the said unit either to a non-rental use or to a non-residential use. g'unit to the conversions (b) New ownen A new owner of a rental dwelling unit shall file w' Yhe director a written application for a new provisional certificate under Section 51.03 if such elling unit is still being used or occupied under an existing provisional certificate. Such applic 'on shall be filed within 30 days after such new owner acquires an interest in the rental dwelling 't whether or not such interest has been recorded. (c) Change of use. If the use of a rental dwelling subject to this chapter changes from a rental dwelling unit or is not used for residential occup cy, it shail immediately be required to meet all requirements of law, including the requirement, r a certificate of occupancy before being used for such new ar changed use. � Sec. 51.09. Fees. (a) Annual fee. The owner of a rent dweiling unit shall pay an annual fee of $20.00, commencing with the application for a pro ' ional certificate, and payable each year thereafter. The owner remains obligated to pay such fee ' g ownership of the rental dwelling unit, and shall pay any delinquencies therein before tr sferring all ar any part of the ownership of said unit. Notwithstanding the foregoing, a n owner making application for a provisional certificate is obligated, and sha11 be required, o pay all such current and delinquent annuai fees with the application. (b) No fee - new dwelling unit registrati covered by a building F There shall be no fee charged for the issuance of a regular rentai ate for new dwellings at the completion of their construction (c) Certific e issuance. The fee, to be submitted at the time of application, for the issuance of a provisional r regular certificate, shali be $100 for a rental dwelling unit in a single-family dwelling, and 25 for a rental dwelling unit in a two-family dwelling. (Reserved.) ��-�� ( I:\USERS�BYRNE�BOSIROM�mtro317 Mazch ]9, 1999 �� a�a Sec. 51.10. Exemptions. Establishments, having rooms or facilities which would be covered by the definirion of a rental dwelling unit, which aze licensed by the City of Saint Paul under other provisions of the Saint Paul Legislative Code, are exempt from the provisions of this chapter if such establishments and the rental dwelling units therein are required to comply with applicable safety codes as a condition or requirement of licensure. Sec. 51.11. Tllegal Occupancy. No person shall occupy, use or reside in a rental dwelling unit in any one- ar'o-family rental dwelling of Group R-3 occupancy after October 1, 1999, which does not ave a rental dwelling unit registration certificate. Any unit or structure which is so occupied, u d or resided in shall be an unlawful structure and subject to the provisions of 5ection 34.23(2 of the Legislative Cade relafing to illegal occupancy. Such illegal occupancy also constitutes azard to the health, safety or welfare of the occupants and the public, and may be conde ed by the appropriate enforcement officer under Section 34.23 of the Legislative Code. Sec. 51.12. Penalty. Notwithstanding the lack of a specific reference thereto, violation of, or failure to comply with, any section, provision or requirement in this chapter a11 be a misdemeanor and shall be subject to Sections 1.05 and 1.06 of the Legislative Code, d to the provisions of applicable state statutes. This chapter is a part of the city health, safe , housing, building, fire prevention and housing maintenance codes, and a violation thereof sh be deemed to be a violation for purposes of st�.t:, statutes allowing escrow of rent to remedy d lations. Sec. 51.13. Appeal to Legislative Hearing Orders of the director are subject to Sec. 51.14. Appiicability of Other 18.02 of the Legislative Code. Nothing in this Chapter 51 ' intended to waive, replace or amend the applicability or enforcement of any other law, or ' ce or regularion applicable to residential dwellings, including but not limited to, zoning, nuis e abatement, or licensing ordinances. Section 2 Section 33.06 certificate of comulia Sec. 33.06. 1e Saint Paul Legislative Code, providing for the issuance of a is hereby amended by adding the following new subsection (d): of compliance. (a) Th uilding official may issue a certificate of compliance for any building or structure in oup R-3 or M occupancies when it is determined that such building or sh complies 'th the provisions of Chapter 34 of the Saint Paul Legislative Code. The fee required for iss ce of a certificate of compliance shail be one hundred dollars ($100.00) for a single- 2 f' dwelling and one hundred twenty-five dollars ($125.00) for a two-family dwelling. �� 3 ��-q� '� I:\USERS�BYRNE�BOSTROMV�o377 Mazch 17, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 9�-�-�2 9� (b) The building official may issue a certificate of compliance for any building or strucriue in Group R-1 occupancy, as defined in the Minnesota State Building Code, when it is found that such huilding or structure complies with the provisions of Chapter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupancy fee, shall be one hundred fifiy dollars ($150.00) for a three-family dwelling, one hundred seventy-five dollars ($175.00) for a four-family dwelling, and ten dollazs ($10.00) per unit for a five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a maximum of three hundred doliars/ ($300.00). (c) There shall be no fee chazged for the issuance of a certificate of compliance�f`or new buildings at the completion of their construction covered by a building pernut. � (d) The building o�cial may, without fiirther inspection, issue a certi ate of compliance for any building or struchxre which has been issued a regular rental dwellin unit registration certificate, based on an inspection under Chapter 51 of the Legislative C e, within the previous twelve-month period. Section 3 This ordinance sha11 take effect and be in force on the�tliirtieth day following its passage, approval and publication. � Requested by nepaxtment of: By: Adopted by Conrtcil: Adoption Certified bl/ Council Secretary BY: Approved by Ma*or: Date By' Fozm A ro�ed by Cif} AbC ney BY: �-�/ —/� Approved by ayor for Su mission to Council By: 8 L\USERS�B7RNE�BOSTROM�intro317 March 17, 1999 '� 1 J�� •rrlc-cr-1999 17� 02 .�. S A 1 N t �♦ Y L A t E w A S S O t � A t 1 O N e• 11 E♦ttOai� PYFSWFNI �OhrCb biOnCh. GR� P.rsx�w,-e�cc� �eMeo pop+oot. CRS. GRi Scc�:,k, Opltn! FYeek TRFiuutE[ Roncitl Cylko.vfw. GRI ��tECtOk�nt-WlGE YKtO Gay. GR7 P�tT PeES�ocat A41e�+oei OnO�. GRS, GH BGw1D O� � AEC10t3 lotepR bsroo�, CtB, �RS, GRI Co+ner+ne Ldena0l. GRt CR� Sheile CCMO6y. C85. GR� scon Ohco� GRI �arv �o�mon. ont R'm Ko!a�insti. GR� TO�y KuctObesY.. CRS. GRI Mry11/r. Llnh. GRI Ree leon �naon�, cci IJ PoRRNCS !ab P�tsnon rom schsel e�eg SHdesn. GRi aoC snsen. Gar Re.�ftn o� +m Y..a +nKnott Onsn. CRS. GR+ Suta D�ec^.ioes undo �ntlerson pOMC�p brOnc�, GRI ROINtlriDJMy GRi µ�Ci+oa3 r.��sko. GR� ♦ttcMei Olten GRS. G2i JoniCS ROp�t01, 6R4 CRS Missy t�omASen N.noN.t Da�¢crow raknwt titv�Ice. GRi Exce•rwt ��ec Pecs�ce•n [e7n O Ho1T ST PAUL �� V s�s f Apri127.1999 Thc Honornble Jay Hu.an�v Couacilmcabs Ciry of St. 4au1 YS W Ke11op,� Blvd St Paul MN SS IO2 Dw Cout�cikaesabtt Hmuur. ��ir�'�� 1 C�EZ�nr� 'zn�� 'ILank you for du opPomsT'kY ro mat w.ith you �o di�cuss the pauibl: implaaeatation of rattal unit tepisuuioa for �iagio-family and daptac rental propatY• We aypreraale your willinQnaf co hear our coaeertu. Our msin poi�a ia oppositioa to resual uni� registration are: 1. Tl�e neod fos a mo� foeusrd a�yroach :m• ar�eblan reotat amaccty. Reatal usilt regstratien er�vtea a new progun and bvTeauaaCy, w'ch a�ootapassez boch reeponsible aad erranc )andlords. it is oar eonternion tLat we should Aot punish good landlords so address she groblrms ckat exiss. I,aa� yau, the Clry Co�+ncll passed a eomplatnt-based orclinaACe, which was meaac [o battes pi:+point problem pmpccies. Tne or�iinance, whlch w� supponed by SP.iAR, avas never implaaec,ted and it is unclar wheihet thae u�ue funds ailoceted to this effart. 2. 721e C09I IO p10�tJSY Own�f9 dAd teifBStts t0 i3 B L?iital NIIit ttglSLTat101! 3S exneme. T2x proposed cost of S I OOtunit ls stag8�. This ne�v taz may be passed an w rrnteis already feeling the es,ch od a tipjrt bouxing muket. The propoecd ordinan:e a?so orcaces a new lsmdlnp soutce for ehc C1ty becauu the amoau would b� aanual, tathar sAe� a onatuao fse• Tnt foAowin; ate ouT comDromise suggestions to recoguzc the problem, a��ert che rarisrr�sion praesc, and improvo rhe rensal housins stak of Si. Yaul. The St. Paul Atx Aasoeiation of RE+�L70RSb and the Respontible LuneSlords rmo�izo that some neighborhoods in the City are plagued with de[eriorating proeerry conditions. Wc also agree, thougti unstudied, thac a�rata proportion of pmbleme een be attributed W the conditien o! rental proparty. !t is aur tw1 u�d d�sits to wask in parusetahip with tbe Crry, communiry groupa, and blocic elube, to make e�igiifionnt impeec �n the eo:aing monrhs to rhe conQition otonr mosr u-risk propatia. Our ptepocats to werk +vith the city uslude l. RrleutitudAy tDe ReaGJ Trs Equlty pro�ram io St. Paut. Reatai Taz Equity wu an extrsmety eueeee�5�1 progam in ihc mid•149Q's iss the City. Owners oS 1 snd o' unit teotal proptrty aoWd teeeive a tax ersdl! for makiag aeeded 'unprov��s to rmta! propctty. Ova s5p renu) Dtopaties were lupnpved ir1 the final ytar of tht Progam. Tna yrogaai wns diseoatirmed whrn Suce fundinY ceased. The Raual 325 Ecst Rosaicwn Avenue • Scint P�v1. MN 55117-20DD �y PhO�E:65!(�14•5206 • fCX6S}(�74}1�� • NB7: wWw.SpOOf.C6T �• u £-moif: spear�spaor.com 19PR-27-1999 1�:02 •M• 7♦ i M► P A1 Y t A t t♦ � i f O G 1 A T i O N ef R E A 1 i O t 3� 5T f�RIP� ti�EA REq�TDRS �� tAp vor�i FO� Raa Ettofe• T� Equity Yragra:a is an a�colleas wndidats for ase ai S.TA.R giaai fw�ds and �au1d be adminiataed with tht aaoistance of eommunley groups, rmho7s, the eity and blxk etub� in tYu masc distrased arerac of tbe city where tha patts►tage of rental propeRy is hiq}�. 2. Enforcement of the ordiaance pa»ed iD teu 1997 io addreu rmtei properties witb repeat wmpldot�. As ehe a�d of 1997 �he CitY Councl passed s eomylein�•boead ozd�suiee wkuch would havc elmnped-down oa pmb7em lac�dlozds who did not saaintaiti thoit prvp�ies or wbo �vve tbe »etims of �uuuly taiant:. W e favar the campl�.nt-based prooess, shrough restraint and a fair appeal-Pracas should be a camponeat to svoid vindicdve complaiats. 3. Cratioa of a lsadlord/commuairy•Lased pepel to ditcusy dEBerenca� Det+veee Lodlordlcity aad laadlordltenaut. ltie goa! is to mate landlords morc pr�active wheu complainq and psoEiana atise. Working elmely vritl+ Code Enibrcrmait pe»onruS m idrnrPy yrebleme, t}u Rzsyon�ible Landlords �¢n offer edueaclon and mrdiation beswecn elty, u�aanu, neighbors a�d lusdlord9. SPA1tL wiU bxome mom proictive in disput� re4otution� 4, Spemor Awardt for Renta! Property Improrcment. Rather iAan etenting a"bad latidlord list" list, we will apaclighe landlords who maka si�cant imp:ovemcats w their propatia thTOUIIfi out education, and iucnrperete tlue informetion inW associatlon fnaieri8ls. OJc wi11 yhow tha[ iaspreving property eondie�n is not on)y tne ri�ht chinQ to dq bnt also is pzofuable. MGre auccas stories tteed to be highlighted. 3. Work more doidy wlth hleck @yp�. yVe reaiiy hope for the opportunity to �ot�c witt� tAa block elube mae eloge3y to idmtify prob�ems aad consider solutioru. We plan w da � beRa job of enrnrnunicatiny with ncighbozhood goups wlso often heu the first complaints Som neighborm. b. idEatt(y pyore lacenrivo: f9r 4=.np sad otvacr-occupaacy, work �vuh eity ofticisls atid Counciimembers:a idem�ty incent}ves for owasroecvpaacy in duplrxa. �� Rericw the curreet compfsints wiib eode eaiorecmeat — A suPgestion Is to recruit aa intera Ior the eummer to roview complaints that ho�z bern filed with the Code Eaforcemrnt Degaranenc. Mou city otfieiaia (t}uc we've spoken +vith) egree zhat the sna)orlcy af wmplaints have eitha Deen ezterlor-based or urtru�y tenams. Soth of thssa isua ut elresIIy addressed in eode� already ea tho books. The ultimate quution is "How many eompla,ms were interior•be�ed ahich �vould be addresaed by sAi: pmposal". Is this Droposa! praponionate with the problecas we aze axountetiay? We need aiore in£oRr !• Rcvfew� tbe etleetiventu oi scntal reglstrstlop ln MLw•uka aad Minneapoti�. Both Minnapolis and ,�iilwauken have ohwen w implemant � rencal unit reyistraaon yoliey, though differcnr frosn the St. Pau; propo:al. Enoygh time hns pessed that is�f'ermation ur� be �ivt�n,�a th� tffectiveness of tk�cee progaav, and ► more informed daisioy ryn be madc bc cicy oS8cials oa moving fonvard wiTh rrntal rcg3suscion. 3?S East Rosebwn Avenue • 5oint Po�l, MN SS{ {7•2ppp �� hane: 612/771•5206 • fo,c: 612l774-11>7 • rter: wwwsPOOr.tom E-mail: �paor�spcor.com . �• -�+ 'w ,,,, s��r1 ,ut AtE• A S s O C 1 A t 1 O N o• R �ALTOS S' a � rr+�. wac., .�c.i �.�n.a �� - fie voice for itea E=�atQ' 9. Work w3tD tE� HmilaE Ceurt O!litIals. Work wssh Patrlek Hat and orhas in tbe Housine Coeat process t2vou� educairon programe for landlvi3s and pm}saps vrotk with o�mecs of particalarly diara�ed ptePerties on thcirrights u,d resperosibilities w3ih tenatns aad pmper m�imrnwaoc• 10. A�vie+r Aspect� of cbc Ha�Acq Coda Makn recommendatioas af which aode provislons are the mwt ditAwh to mee�. Ako, to tnform laadiords on msiateaancc tips afld reLabilitttion options aad P�� l!. Work with �on�irg IemrmaHoa Of6ce More Cb�ciy. WorY with HIO stsff to help implemrnt onr ylaa. It i� our hope that the regissradon Fvocess can bc put•off for 6 montLs io arder so bryia eaforzing tho wmpisiat_yayed ptocess and wc have an opporn�nity to im�lement our idaas. We wiil continue w ay tad wark with the proyonems of shis ordinance, tisy wtu�cil mambas, and oth�ss in an eQ'on to ceaeh o eompromiee th�t target5 pr�blem propenirs without erea[3n� new nxe� on good landlords. We apprecute yeur dedication and ha►d work oa haiuing issua and look fowsrd to working with You in the futuse. IPyou.hnve any quaetions, feel hee to conuet me at (651) ?72-6341, or Paul Sohscudt at (65!} 547•68I0. �� Periard Wu Affair� Dirnetor St. P�ul Paea Association of Rif,LTORS' �� Paul Schmidt Plesidatrt St. f au! Aasociacion of R�ponssblc Landlords 325 Eost Roielpwn Arenue � Solnt Pqui. MN SSl 1 �-?OOC Phone: 612/7�4520b • Pax: 61II?7411 �7 • Net: vnwv.sppor.com �• 4 c_,....y� ....,...��.�...., �..,., TOrR{. F.Oa TOTAL P.04 Council File # � - a � � � ` p q ��M�, C ��.Y S � p� � Ordinance # �0.y S �� \1 { Green Sheet #� a�� ORDINANCE �'v CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee Date : An ardinance requiring the inspection and registration of certain rental units in one and two family dwellings. 7 THE COUNCIL OF THE CITY OF SA1NT PAUL DOES ORDAIN: pUBIiSHFD MAY �9 1999 Section 1 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 This Chapter does not appiy to or cover any dwelling which is occupied and used for the purposes of a homestead by its owner. The Councii of the City of Saint Paul finds and determines that rental dwelling units in one- and two-fanuly dwellings which are not owner-occupied are in need of registration to promote and enforce safety code compliance, to increase the maintenance and upkeep of such dwellings, and to avoid properiy deterioration and blight. The requirement to obtain a rental dwelling unit registration certificate will enhance the safety and maintenance of such rental dwellings, and decrease the need for complaint-driven inspections based on ca11s for service from occupants or neighbors who may fear or risk some form of reprisal from landlords or tenants. Accordingly, the requirement of inspection and code enforcement directed at such dwellings will improve the health, safety, and welfare of the citizens of Saint Paul who live in and around its rental dwellings, as well as that of the entire city. Section 2 A new Chapter 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. 51.01. Rental Dweiling Unit Registrafion Certificate - Requirement. 34 Unless an owner has applied for and received a registration certificate under Section 51.03, 35 no rental dwelling unit in any one- or two-family rental dwelling of Group R-3 occupancy shall be 36 used or occupied after October 1, 1999, until the director has 37 ss � R� y'�� tR -1�1 � issued a rental dwelling unit registration certificate under Secrion 51.03. It shall be a misdemeanor to rent or lease, or permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registratlon certificate. Notwithstanding any other provision of this Chapter 51, such Chapter does not apply to or cover any dwelling which is occupied and used for the purposes of a homestead by its owner. Sec. 51.02. IDefinitions. Unless otherwise expressly stated, the foilowing terms shall, for the purpose of this section, have the meanings indicated in this subsection. (a) "Dwelling" is any one- or twafamily dwelling which is not owner-occupied and homesteaded, and includes Both the building or structure and the land upon which it is located, as well as accessory use structures. The term "dwelling" also includes any multifamily residential building or structure which (i) is not required to have a certificate of occupancy under Chapter 33 of the Legislative Code, and (ii) is not exempt under Section 51.10 of the Legislative Code. (b) 'Director" is the Director of the Office of Citizen Services, and his or her designee or designees, and shall include any enforcement o�cer under his or her supervision or direction, or other duly authorized representative. (c) "dwner" 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, and includes the owner's authorized agent. (d) The "recorder's office" is the Ramsey County Department of Property Records and Taxation, or its division which maintains title and property records, and any successor agency or department thereof. (e) "Rental dwelling unit" is any room or rooms, or space, in any dwelling designed or used for .residential occupancy by one or more persons who are not the owner or a member of the owner's family. (fj "Residential occupancy" is occupancy in a building or portion thereof, for residential purposes, used or intended to be used for living, sleeping, and cooking or eating purposes. (g) "Safety code" or "safety codes" include any fire, housing, health, 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 lawful agency or department thereof, which are applicable to a dwelling in such City. Safety code includes, without any lunitation 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. Sec. 51.03. Rental Dwelling Unit Registration Certificate. (a) Written application. On or before September 1, 1999, the owner of each dwelling in which there is a rental dwelling unit, and who wishes to conunue to rent or allow residential , ��.�a 9q-�.�� 4 occupancy of such unit after October 1,1999, shall make a written application to the director, on an 5 approved for_m fiiruished by the same, for a rental dwelling unit registration certificate to allow the 6 use or occupancy of the said rental dwelling unit. The director may require such information as will 7 permit effecrive enforcement of this chapter, inciuding but not limited to: 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 (i) a description of the premises; (ii) the name, address and telephone numbers of the owner or owners; and (iii) the name, address and telephone number of the refuse removal person or company which supplies refuse removal services for the rental dwelling unit. (b) Reserved. (c) Issuance. The director shall issue a certificate to the owner of the rental dweliing unit who has submitted a complete application and paid the applicable fees. A certificate shall authorize the continued occupancy of the rental dwelling in existence on September 1, 1999. A certificate is subject to renewal every year. Such rental dwelling unit 3s subject to inspection under Section 51.07, and to suspension, revocation or denial as provided in Section 51.06. (d) Issuance after Code Compliance Certificate. Notwithstanding any other provision to the contrary, the directar shall issue a rental dwelling unit registration certificate for a building or structure which has been registered as a vacant building under Chapter 43 of the Legislative Code and then has upon inspection received a certificate of code compliance under Section 33.06 of the Legislative Code within the previous twelve-month period. (e) Smoke detectors required. No certificate shall be issued unless each such rental dwelling unit has a proper, adequate and operable smoke detectar. 3 ��-R5 Sec. 51.04. Reserved. Sec. 51.05. Reserved. Sec. 51.06. Suspension, revocation and denial. qq�� (a) Groundsfor revocation. The directormay, in writing, suspend orrevoke arental dwelling unit registration certificate or deny an application therefor: (i) whenever the certificate was issued in error or on the basis of incorrect information supplied; (ii) when it is determined by the director that the use of the dwelling unit constitutes a nuisance as described in Minn. Stat. § 617.81, subd. (2), or is in violation of any ordinance or regulation or any provision of the Saint Paul Legislative or Administrative Codes; (iii) when the owner has submitted a false, incomplete or inaccurate statement as part of the application for a certificate; (iv) if the owner has failed or refused to pay fees to the City for inspections or certificates; (v) if the owner has failed to pay fees due under ordinances relating to the excessive consumption of police andlor inspection services; (vi) if the owner or the owner's agent fail to admit the director for inspections authorized by this chapter; (vii) if it is found, upon any inspection by the director, that any rental dwelling unit does not conform to the requirements of applicable safety codes; (viii) if the owner, in a materiai matter, fails to comply with the regulations in Section 51.08; n3� (ix) if the building or structure containing a rental dwelling unit covered in this Chapter 51 0 '' , . � 1 becomes or is a vacant building as defined in Section 43.02 of the Legislative Code. (� �� 2 �{ 3 (b) Renewal required upon revocation. If a rental dwelling unit registration certificate is 4 revoked, the rentai dwelling unit for which it was issued shall not again be used or occupied as a 5 rental dwelling unit or for residential occupancy until such time as the said certificate is renewed 6 following inspection and a determination by the director that the said rental dwelling unit is in 7 compliance with applicable safety codes. S ec. 51.07. Insp ections. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?g 29 30 31 32 33 (a) Inspection criteria. The director shall not inspect any rental dwellang unit unless it falls within one or more of the following criteria: (i) such unit has been abandoned by the owner, or the owner of such unit cannot be found; (ii) a police services fee has been imposed or billed as a result of one or mare nuisance events at such unit under Chapter 267 of the Legislative Code; (ii) an excessive consumption of exterior inspection services fee has been imposed or billed as a result of enforcement activity under Sections 34.08.1-.6 of the Legislative Code; (iv) water, gas or electric service to such unit has been discontinued as a result of nonpayment for more than 30 continuous days; (v) the unit is on a parcel of land which is on the list of delinquent taxes filed by the county auditor with the court administrator of the district wurt pursuant to Minn. Stat. § 279.05; (vi) the unit or the property within which the unit is located has, within the preceding three months, been the subject of a written petition filed with the Office of City Clerk by any district council, which petition requests that such unit be inspected and is signed by five or more persons having personal knowledge of the unit or property, stating one or more reasons why such unit should be inspected by the City; or 34 (vii) the director has probable cause to believe that there exists within such unit one or more 35 violations of safety codes which constitute a serious danger to the health, safety and welfare 36 of persons living in such unit , or which would make the unit or structure in which the unit 37 was located a dangerous shucture or unfit for human habitation under Sections 34.22-.23 of 38 the L�gislative Code. 39 40 4] 42 43 44 45 46 47 48 49 (b) Notice of inspection potiver. The directar is hereby authorized, in conformity with this Chapter 51, to inspect all rental dwelling units to enforce this chapter and al] applicable safety codes. Owners of rental dwelling units are placed on norice that the city has a substantial governmental interest in housing which is safe and free from safety code violations, that wanantless inspections aze necessary to further the regulatory purposes of this chapter and other applicable safety codes, and that the purposes of such inspections are clearly limited to seeking compiiance with applicable safety codes. :' i 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 14 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 (c) Scope of inspection. The director is authorized, in confornuty with this Chapter 51, to inspect all rental dwelling units in dwellings, whether having a registration certificate hereunder or not. The inspection may include the building or structure contai.uiug the rental dwelling unit, the land upon which it is located and accessory uses or structures relatad to the rental dwelling unit. All inspections authorized by this Chapter 51 shali be limited to those which aze done for the purpose of seeking compliance with applicable safety codes, and shall take piace oniy at reasonable hours or as may otherwise be agreed upon by the owner and the director. (d) Owner duty to provide access for inspection. Owners shali provide access to all portions of a dwelling containiug a rental dwelling unit for inspection, as permitted under subdivision (a) of this section,'oy the director of the buiiding and structure as well as accessory use structures related to, or affecting the safety of, the rentai dwelling unit. (e) Notice of violations. The director shall give notice to the owner of any violations of the applicable safety codes which are discovered during any inspection. Sec. 51.08. Regulations. (a) Notice by owner. The owner of a rental dwelling unit for which a rentai dwelling unit registration certificate has been issued is under a continuing obligation to give written notice to the director of any changes in the information supplied as part of the application for the certificate. This includes any changes or modifications of ownership of the said unit, and conversions of the said unit eithex to a non-rental use or to a non-residential use. (b) New owner. A new owner of a rentai dwelling unit shali file with the director a written application for a new certificate under Section 51.03 if such dweiling unit is still being used or occupied under an existing certificate. Such application shall be filed within 30 days after such new owner acquires an interest in the rental dwelling unit whether or not such interest has been recorded. (c) Change of use. If the use of a rental dwelling unit subject to this chapter changes from a rental dwelling unit or is not used for residential occupancy, it shall immediately be required to meet all requirements of law, including the requirement for a certificate of occupancy before being used for such new or changed use. Sec. 51.09. Fees. (a) Cert�cate issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration certificate and the first year fee, shall be $30 for a rental dwelling unit in a single-family dwelling, and $50 for a rivo unit rental dwelling. (b) Annual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $20 for a single unit rental dwelling and $40 for a two unit rental dwelling, commencing on January 1, 2001, and payable each year thereafter. The owner remains obligated to pay such fee during ownership of the rental dwelling unit, and shall pay any definquencies therein before transferring all or any part of the ownership of said unit. Notwithstanding the foregoing, a new owner making applicarion for a �4�'�� `.aq certificate is obligated, and sha11 be required, to pay a11 such current and delinquent annual fees with ��'�1,1 � the application. � (c) No fee - new buildings. There shall be no fee chazged for the issuance of a rental dwelling unit registration certificate for new dwellings at the compietion of their constnxction covered by a building permit. (d) Inspection fees_ (Reserved_) 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. 51.10. Exemptions. Establishments, having rooms or facIlities which would be covered by the definition of a rental dwelling unit, which aze licensed by the City of Saint Paul under other provisions of the Saint Paul Legislative Code, are exempt from the provisions of tlus chapter if such establishments and the rental dwelling units therein are required to comply with applicable safety codes as a condition or requirement of licensure. Sec. 51.11. Illegal Occupancy. No person sha11 occupy, use ar reside in a rental dwelling unit in any one- or two-family rental dwelling of Group R-3 occupancy after October 1, 1999, which does not have a rental dwelling unit registration certificate. Any unit or structure which is so occupied, used or resided in sha11 be an unlawful structure and subject to the provisions of Section 34.23(2) of the Legislative Code relating to illegal occupancy. Such illegal occupancy also constitutes a hazard to the health, safety or welfare of the occupants and the public, and may be condemned by the appropriate enforcement officer under Section 34.23 of the Legislative Code. Sec. 51.12. Fenalty. Notwithstanding the lack of a specific reference thereto, a violation of, ar failure to comply with, any section, provision or requirement in this chapter sha11 be a misdemeanor and shall be subject to Secrions 1.05 and 1.06 of the Legislative Code, and to the provisions of applicable state statutes. This chapter is a part of the city health, safety, housing, building, fire prevention and housing maintenance codes, and a violation thereof shall be deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations. Sec. 51.13. Appeal to Legislative Hearing Officer. Orders of the director are subject to Section 18.02 of the Legislative Code. Sec. 51.14. Applicability of Other Laws. Nothing in this Chapter 51 is intended to waive, replace or amend the applicability or enforcement of any other law, ordinance or regulation applicable to residential dwellings, including but not limited to, zoning, nuisance abatement, or licensing ordinances. � �/ . 7 Section 3 0 Section 33.06 of the Saint Paul Legislative Code, providing for the issuance of a certificate of compliance, is hereby amended by adding the following new subsecfion (d): Sec. 33.06. Certificate of compliance. 8 (a) The building official may issue a certificate of compliance for any building or 9 structure in Csroup R-3 or M occupancies when it is determined that such building or structure 10 complies with the provisions of Chapter 34 of the Saint Paul Legislative Code. The fee required 11 for issuance of a certificate of compliance shall be one hundred dollars ($100.00) for a single- 12 family dwelling and one hundred twenty-five dollazs ($125.00) for a two-fanuly dwelling. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (b) The building official may issue a certificate of compliance for any building or �� structure in Group R-1 occupancy, as defined in the Minnesota State Building Code, when it is found that such building or structure compiies with the provisions of Chapter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupancy fee, sha11 be one hundred fifty dollazs ($ I50.00) for a three-family dwelling, one hundred seventy-five dollazs ($175.00) for a four-family dwelling, and ten dollars ($10.00) per unit for a five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a maYimum of three hundred dollars ($300.00). (c) There shall be no fee charged far the assuance of a certificate of compliance for new buildings at the completion of their construction covered by a building permit. (d) The building official may, without further inspection, issue a certificate of compliance for any building ar structure which has been issued a rental dwelling unit registration certificate, which issuance was based on an inspection under Chapter 51 of the Legislative Code, within the previous twelve-month period. Section 4 This ordinance shall take effect and be in force on the thirtieth day following its passage, approval and publication. Requested by Department of: Sy: By: 1 \ _ TT� Approved by By: Form App ved by City Att rney B f� � ( ��G-�� Appmved by Mayor for Submission to Council BY: IISFIE� MAY �9 1999 Adopted by Council: Date �q Adoption Certified by Council Se etary 9�-� �a Councilmember Bostrom's Office � 17 March 1999 Scott Re n s tr o m 266-8661 ST BE ON COUNCIL AGENp4 BY (DAT� 24 March 1999 TOTAL # OF SIGNATURE PAGES GREEN SHEET No 62366 u �.,,�,�,.� u «r� — ❑ CRYAl10p1tY ❑ CJfYCtiM/f ❑ w+wcw.a�rxersme. ❑ wwr+umrauerc ❑ r�ratwR�aairn+q ❑ (CLIP ALL LOCATIONS FOR SfGNATURE) Creation of an ordinance mandating Rental Registration of non owner-occupied one- and two- family dwellings. PLANNfNG COMMISSION CIB CAMMRTEE CIViL SERVICE COMMISSION Has this Pe«�m ever vmfked untlx a cont�act tor thie tlepaVneM4 YES NO Has thie peisoMfin ever been a cily empbyee? YES NO Dces this persoNfi�m possess a sldll not normallypossesseU by arry curteM dty employee? YES NO Is mis peraoNfirtn a targetea veMon YES NO �lain all ves ans�era on seearate sheet aM atlach M areen sFieet Improve quality of rental housing in Saint Paul. F?,., _ : ^=7' ; 4 '"...,., _ :. , W,_ _ �S; ::� 9. 6 '�� None SOURCE COST/REYENUEBUDQETED{WRCLEONEI YES NO ACTNI7YNUMBER e� 5ub5h�t+� — A,�:�.\ ��, Council File # ` " � 7 Z Ordinance # Green Sheet # � Z 3(� �° ORDINANCE CIT`Y OF SAINT PAUL, NIINNESOTA Presented By Referred To Committee Date : An ordinance requiring the inspection and registration of certain rental units in one and two family dwellings. THE COUNCIL OF THE CITY OF SA1NT PAUL DOES � (Note: The entire ordinance is new. Underlining and stri eovers indicate substantive amendments to the ordinance as proposed at first read' g.) Section 1 This Chapter does not apply to or cover dwelling which is occupied and used for the purposes of a homestead by its owner. The Council of the City of Saint Paul ds and determines that rental dwelling units in one- and two-family dwellings which aze not o er-occupied are in need of �nspeetie� registration to promote and enforce safety code co liance, to increase the maintenance and upkeep of such dwellings, and to auoid properry deterio tion and blight. The requirement to obtain a rental dwelling unit registration certificate will enh ce the safety and maintenance of such rental dwellings, and decrease the need for complaint- ven inspections based on calls for service from occupants ox neighbors who may feaz or risk s me form of reprisal from landlords or tenants. Accordingly, the require ent of syste�xtte inspection and code enfarcement directed at such dwellings will improve the h th, safety, and welfare of the citizens of Saint Pau1 who live in and around its rental dwellings well as that of the entire city. Section 2 I•�iT��1 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. Dwelling Unit Registration Cert�cate - Requirement. Uniess an owner has applied for and received a�s�isis� registration certificate under S tion 51.03, no rental dwelling unit in any one- or two-family rental dwelling of Group R-3 . a •.r_ occupancy shall be used or occupied after October 1, 1999, until the director has i�spe�c�r-r�r� ��,gR I.\USERS�EYAIVE�BOSIR�M�amend421 April 16, 1999 {,}' ' ' ' '' , issued a rental dwelling unit r��,�1 �- registration certificate under Section �1-:9§ 51_03. It shall be a misdemeanor to rent or lease, or 4 permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registrarion certificate. Notwithstanding any other provision ofthis Chapter 51, such Chapter does not apply to or cover any dwelling which is occupied and used for the purQoses of a homeste�- by its owner. Sec. 51.02. Definifions. Unless otherwise eapressly stated, the following terms shall, for the purp�e of this section, have the meanings indicated in this subsection. (a) "Dwelling" is any one- or twafamily dwelling which is ot owner-occupied and homesteaded, and includes both the building or structure an the land upon which it is located, as well as accessory use structures. The term " welling" also includes any multifamily residential building or structure which (i) is no equired to have a certificate of occupancy under Chapter 33 of the Legislative Code, a�d (ii) is not exempt under Section 5110 of the Legislative Code. � (b) "Director" is the Director of Yhe Office of designees, and shall include any enforceme direction, or other duly authorized representa� Services, and his or her designee or sr under his or her supervision or (c) "Owner" is the person, firm, corporatio or other entity listed in the records on file in the recorder's office as holding fee title to e dwelling, and includes the owner's authorized agent. (d) The "recorder's office" is the Taxation, or its division which agency ar department thereo£ � County Department of Properiy Records and title and properiy records, and any successor (e) `Rental dwelling unit" is y room ar rooms, or space, in any dweUing designed or used for residential occupancy one or more persons who aze not the owner or a member of the owner's family. (fj "Residential occ ancy" is occupancy in a building or portion thereof, for residential purposes, used or ' tended to be used for living, sleeping, and cooking or eating purposes. Sec. (g) "Safety co or "safety codes" include any fire, housing, health, safety or other similar code, law d ordinance, promulgated or enacted by the United States, the State of Minnesot the County of Ramsey and the City of Saint Paul, or any lawful agency or departm t thereof, which are applicable to a dwelling in such City. Safety code includes, witho any limitation of the foregoing sentence as a result of this specification, the pro sions of Chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. �re�isienx} Rental Dwelling Unit Re� stration Certificate. �/ (a) Written application. On or before September 1, 1999, the owner of each dwelling in which there is a rental dwelling unit, and who wishes to continue to rent or allow residential-� � �'� �U� 'z I:\USERS�BYRNE�BOSTAOM�ameud421 April 16, 1999 occupancy of such unit after October 1, 1999, shall make a written applicafion to the director, on an;i, ,`1��r— approved form fiuvished by the same, for a pre�siesr� rental dwelling unit registrafion certificate a�� to aliow the use or occupancy of the said rental dwelling unit. The director may require such information as wiil permit effective enforcement of this chapter, including but not lixnited to: (i) a description of the premises; (ii) the name, addtess and telephone numbers of the owner or owners; (in) the name, address and telephone number of the refuse removal supplies zefuse removal services for the rental dwelling unit. (b) Resef-ved. � or company which (c) Issuance.The director shall issue �r�sierrak certificate to the owner of the rental dweiling unit who has submitted a complete plication, {�j�a� and paid the applicable fees. �avisiexa� certificate sha11 authorize the continued occupancy ofthe rental dwelling in existe e on September l, 199 , .:�I�:..-��.a - , ,..�. - - -- --- - -- - - - - /(e) Smoke detectors required. No �rs�isierr� certificate shall be issued unless each such dwelling unit has a proper, adequate and operable smoke detector. 3 `�?�,%� �- I:\USERS�BXRNE�BOS1ROIvnamend427 Apri116, 1999 Sec. S1.Q4. Reserved. Sec.51.05. . eserved. , ., a, r,.,.:,::�:. �:, y....:,;,...�:,...�.•�R:�:.::r Sec. 51.06. Suspension, revocation and denial. (a) Grounds for revocation. The director may, in�writing, suspend or revoke a rental dwelling unit registration certificate;-�n �r•ti€eate; or deny an application therefor: (i) whenever the certificate was issued ; error or on the basis of incorrect information supplied; j (ii) when it is determined by the dfrector that the use of the dwelling unit constitutes a nuisance as described in Minn. Statl § 617.81, subd. (2), or is in violation of any ordinance ar regulation or any provision o�he Saint Paul Legisiative or Administrative Codes; (ii7 when the owner has of the application for a j (iv) if the owner has a false, incomplete or inaccurate s�aern statement as part certificate; or refused to pay fees to the City for inspections ar certificates; (v) if the owner s failed to pay fees due under ordinances relating to the excessive consumption of lice andlor inspection services; (vi) if the o er or the ownex's agent fail to admit the director for inspections s�� , � authorized b� this chapter; (vii) if t is found, upon any inspection by the director, that any rental dwelling unit does not conform to e requirements of applicable safety codes; iii) if the owner, in a material matter, fails to comply with the regulations in Section 51.08; or ��-�.1�- (ix) if the building or structure containing a rental dwelling unit covered in this Ck�apter 51 _ � qY�, r� � ��,�,�. 4. I:\USERS�BYRNE\BOSTRONI�amend421 April 16, 1999 � � � becomes or is a vacant building as defined in Section 43A2 of the Legislative Code. ��- �� (b) Renewal required upon revocation. If a rental dwelling unit registration certificate s� is revoked, the rental dwelling unit for which it was issued sha11 not agai�be used or occupied as a rentai dwelling unit or for residential occupancy until such rime as �said certificate is renewed following inspection and a detemunation by the director that the s�d rental dwelling unit is in compliance with applicable safety codes. Sec. 51.07. Inspections. (a) Inspection criteria. The director shall not inspect any rental dwell" unit unless it falls within one or more of the following criteria: (i) such unit has been abandoned by the owner, or the owner of�ch unit cannot be found; (ii) a police services fee has been imposed or bilied as a r sult of one or more nuisance events at such unit under Chapter 267 of the Legislative de; (iii) an excessive consumption of exterior inspection s'ces fee has been imposed or billed as a result of enforcement activity under 5ecrions 3.081-.6 of the Legislarive Code; (iv) water, gas or electric service to such t has been discontinued as a result of nonpayment for more than 30 continuous day ; (v) the unit is on a parcel of land which is the list of delinquent CaYes filed by the counry auditor with the court administrator of t e district court pursuant to l�inn. Stat. § 279.05; (vi) the unit or the property within w'ch the unit is located has, within the preceding three months, been the subject of a writt petition filed with the Office of City C1erk by any (A) neighborhood organizarion whic has been recognized as such by the Ciry, including but not limited to district councils an neighborhood block clubs, (B) tenant ar landlord advocacy organization, or (C) neighb rhood or community business association which has been in existence for three or mor ears, which petition requests that such unit be inspected and is signed by five or more ersons having personal knowledge of the unit or property, stating one or more reasons y such unit should be inspected by the City; or (vii) the director s reasonable grounds on which to form a belief that there exists within such unit one o more violations of safety codes which constitute a serious danger to the health, safety d welfare of persons living in such unit , or which would make the unit or structure in 'ch tke unit was located a dangerous structure or unfit for human habitation under Sec 'ons 34.22-.23 of the Legislative Code. (b) N ice of inspection power. The director is hereby authorized, in confornuty with this Chapter 51, o inspect all rental dwelling units to enforce this chapter and all applicable safety codes. Owners rental dwelling units are placed on notice that the city has a substantial governmental interes n housing which is safe and free $om safety code violarions, that warrantless inspections are n essary to further the regulatory purposes of this chapter and other applicable safety codes, and th the purposes of such inspections are cleazly limited to seeking compliance with applicable safety 5 I�AUSERS�BYRNE�B0571LOM�amend42! Apd116,199�� 2 (c) Scope of inspection. The director is authorized, in confornuty with this Chapter 51, to 3 inspect all rental dwelling units in dwellings, whether having a 4 registration certificate hereunder or not. The inspection may include the building or struc e 5 containing the rental dwelling unit, the land upon which it is located and accessory uses or struc es 6 related to the rental dwelling unit. All inspections authorized by this Chapter 51 shall be I' ted to d'uector. 10 11 (d) Owner duty to provide access for inspection. Owners shall provide a�ess to all portions 12 of a dwelling containing a rental dwelling unit for inspection, as oernutted unrXer subdivision (al of 13 this section. by the director of the building and structure as weli as accesso use structures related 14 to, or affecting the safety of, the rental dwelling unit. 15 16 (e) Nofice of violations. The director shall give notice to the o er of any violations of the 17 applicable safety codes which are discovered during any inspectio . 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 3& 39 40 41 42 43 44 45 46_ 47 48 49 Sec. 51.08. Regulations. (a) Notice by owner. The owner of a rental d registration certificate has been issued is under a conti director of any changes in the information supplied certificate. This includes any changes or modifications of the said unit either to a non-rental use ar to a non� lli unit for which a rental dwelling unit i obligation to give written notice to the art of the application for the �avisie$a� ownership of the said unit, and conversions idential use. (b) New owner. A new owner of a rental welling unit shall file with the director a written application for a new �evisierr� certificate un r Section 51.03 if such dwelling unit is still being used or occupied under an e�sting certificate. Such application shall be filed within 30 days after such new owner acquires an inter t in the rental dwelling unit whether or not such interest has been recorded. (c) Change of use. If the use f a rental dwelling unit subject to this chapter changes from a rental dwelling unit or is not use for residential occupancy, it shall immediately be required to meet a11 requirements of law, incl ding the requirement for a certificate of occupancy befare being used for such new or changed e. Sec. 51.09. Fees. �ej �a Certific te issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration certificate and the first year fee, sha11 be'.Ek99 30 r a rental dwelling unit in a single-fanuly dwelling, and �23 50 for a rental dwelling unit in two-family dwelling. Eaj b� nnual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $20 f a si e unit ren 1 well�n d 4 f r a two �t rental dwel in , commencing � on Januarv 1_ 2001 _' , and payable each y thereafter. The owner remains obligated to pay such fee during ownership of the rentai dwe ng unit, and shall pay any delinquencies therein before transferring all or any part of the o ership of said unit. Notwithstanding the foregoing, a new owner making application far a �� ( I�\USERS�BYRNE�BOSTROM�amend421 Apnt l6, t999 {'fa/ /�� Y"((! F ��A ,� �evisisnal certificate is obligated, and shail be required, to pay all such current and delinquent N��d� � annual fees with the application. v � (-hj � No fee - new buildings. There shall be no fee charged far the issuance of a rental dwelling unit registration certificate for new dwellings at the completion of their cons covered by a building peYmit. � (d) Inspection fees. (Reserved.) Sec. 51.10. Exemptions. Establishments, having rooms or facilities which would be covered 'y the defuution of a rental dwellir.g unit, which aze licensed by the City of Saint Paul under othe provisions of the Saint Paul Legislative Code, are exempt from the provisions of this chapter i such establishments and the rental dwelling units therein are required to comply with applicable afety codes as a condition or requirement of licensure. Sec. 51.11. Illegal Occupancy. No person shall occupy, use or reside in a rental dw ling unit in any one- or two-family rental dweliing of Group R-3 occupancy after October , 1999, which does not have a rental dwelling unit registration certificate. Any unit or structur which is so occupied, used or resided in shall be an uniawful structure and subject to the provi ons of Section 34.23(2) of the Legislative Code relating to illegal occupancy. Such illegal occ ancy also constitutes a hazard to the health, safety or welfaze of the occupants and the publi , and may be condemned by the appropriate enforcement officer under Section 34.23 of the �islative Code. Sec. 51.12. Penalty. Notwithstanding the lack of a spe 'fic reference theretq a violation of, or failure to comply with, any section, provision or requir ent in this chapter shall be a misdemeanor and shall be subject to Sections 1 AS and 1.06 of Legislative Code, and to the provisions of applicable state statutes. This chapter is a part of e city health, safety, housing, building, fire prevention and housing maintenance codes, and violation thereof shall be deemed to be a violation for purposes of state statutes allowing escro of rent to remedy violations. Sec. 51.13. Appeal to Leg}�lative Hearing Ofticer. Orders of the d;fector are subject to Section 18.02 of the Legislative Code. Sec. 5114. Aunlic�bilitv of Other Laws. Nothi in this Chapter 51 is intended to waive, replace or amend the applicability or enforcemen f any other law, ordinance or regulation applicable to residential dwellings, including but not li ited to, zoning, nuisance abatement, or licensing ordinances. �� '7 I;\USERS�BYRNE�BOSIROM�ameM421 Apol 16, 1999 Section 3 Section 33.06 of the Saint Paul Legislative Code, providing for the issuance of a certificate of compliance, is hereby amended by adding the following new subsecrion (d): Sec. 33.06. Certificate of compliance. (a) The building official may issue a certificate of compliance for any building or structure in Group R-3 or M occupancies when it is determined that such building or s cture complles with the provisions of Chapter 34 of the Saint Paul Legislative Code. The e required for issuance of a certificate of compliance shall be one hundred dollars ($100.00) r a single- family dwelling and one hundred twenty-five dollazs ($125.00) for a two-famil dwelling. (b) The building official may issue a certificate of compliance for y building or structure in Group R-1 occupancy, as defined in the Minnesota State Bu� ding Code, when it is found that such building or structure complies with the provisions of apter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupanc fee, shall be one hundred fifiy dollazs ($150.00) for a three-family dwelling, one hundred s enty-five dollazs ($175.00) for a four-family dwelling, and ten dollars ($10.00) per unit for five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a max' um of three hundred dollars ($300.00). (c) There shall be no fee charged far the issuan of a certificate of compliance for new buildings at the completion of their construcrion cov ed by a building permit. (d) The building official may, without er inspection, issue a certificate of compliance for any building or structure which has been is ed a�eg� rental dwelling unit registration certificate, which issuance was based on an i pection under Chapter 51 of the Legislarive Code, within the previous twelve-month period. Section 4 This ordinance shall take ef ct and be in force on the thirtieth day following its passage, approval and publication. Requested by Department o£: By: Adopted by Council Adoption Certif' d By; Approve y Mayor: BY: / Date by Council Secretary Date Form Ap roved by City Attorney B i�. �.c2 �-��-yl� Approved by Mayor for Suk�mission to Council By: �q �.12- � g I�\USERS�BYRNE�BOSTROM�aruend421 Apnl 16, 1999 o�s��A� ORDINANCE CTTY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee Council File # ��9- d- �oZ- Ordinance # Green Sheet # 3a An ordinance requiring the inspection and registration of certain rental units in one and two family dwellings. THE COUNCIL OF THE CITX OF SAINT PAUL DOES (Note: Since the entire ordinance is new, underlining t�show new material is unnecessary.) Section 1 This Chapter does not apply to or cover ax� dwelling which is occupied and used for the purposes of a homestead by its owner. f The Council of the City of Saint Paul mds and deternunes that rental dwelling units in one- and iwo-family dwellings which aze not o er-occupied are in need of inspection and registrarion to promote and enforce safety code co liance, to increase the maintenance and upkeep of such dwellings, and to avoid property dete ' ration and blight. The requirement to obtain a rental unit registration certificate will enhance he safety and maintenance of such rental dwellings, and decrease the need for complaint- ven inspections based on ca11s for service from occupants or neighbors who may feaz or risk me form of reprisal from 1andlords or tenants. Accordingly, the req ' ement of systematic inspection and code enforcement directed at such dwellings will improve the ealth, safety, and welfare of the citizens of 5aint Faul who live in and around its rental dwelli s, as well as that of the entire city. Section 2 A new Qhapter 51 of the Saint Paul Legislative Code is hereby enacted to read as follows: Chapter 51. Dwelling Unit Registration. Sec. Sj!Ol. Rental Unit Registration Certificate - Requirement. � Unless an owner has applied for and received a provisional registration certificate under Section 51.43, no rental dweiling unit in any one- or two-family rental dweiling of Group R-3 occupancy shall be used or occupied after October 1, 1999, until the director has inspected it for I�lUSF12S�BYRNE�BOSTROIN�intro317 March 17, 1999 y g qy-�� compliance with applicable safety codes and the provisions thereof, and issued a rental unit registration certificate under Section 51.05. It shall be a misdemeanor to rent or lease, or permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit registrari n certificate. Notwitl�stauding any other provision of this Chapter 51, it does not apply to or cov��y dwelling which is occupied and used for the purposes of a homestead by its owner. Sec. 51.02. Definitions. Unless otherwise eapressly stated, the following terms shall, for the pur�ose of this section, have the meanings indicated in this subsection. � (a) "Dwelling" is any one- or two-fanuly dwelling which is not owner-occupied and homesteaded, and includes both the building or shucture the land upon which it is located, as well as accessory use structures, The term " wetling" also includes any multifamily residential building or structure which (i) is no equired to have a certificate of occupancy under Chapter 33 of the Legislative Code, (ii) is not exempt under Section 5110 of the Legislative Code. (b) `Director" is the Director of the Office of C designees, and shall include any enfozcement direction, or other duly authorized representati� Services, and his or her designee or ;r under his ar her supervision or (c) "Owner" is the person, firm, corparation r other entity listed in the records on file in the recorder's office as holding fee title to t dwelling, and includes the owner's authorized agent. (d) The "recorder's office" is the dmsey Count7 Department of Properiy Records and TaYation, or its division which intains title and properry records, and any successor agency or department thereof. (e) "Rental dweiling uniY' is y room or rooms, or space, in any dwelling designed or used for residential occupancy by one or moze persons who are not the owner ar a member of the owner's family. (fj "Residential occu ancy" is occupancy in a building or portion thereof, for residential purposes, used or i ended to be used for living, sleeping, and cooking or eating purposes. (g) "Safety cod or "safety codes" inctude any fire, housing, health, safety or other similar code, law ordinance, promulgated or enacted by the United States, the State of Minneso � the County of Ramsey and the City of Saint Paul, or any lawful agency or departm t thereof, which are applicable to a dwelling in such City. Safety code includes, witho any limitation of the foregoing sentence as a result of this specification, the pro sions of chapters 33, 34, 43 45, 49 55, 56 and 58 of the Legislative Code. Sec. �j!03. Provisional Registration Certificate. (a) Written application. On or before September 1, 1999, the owner of each dwelling in there is a rental dwelling unit, and who wishes to continue to rent or allow residenfial � 2 I:\USERS�BYRNE�BOSIROM�intro3t7 Maroh I'7, 1999 3''�� -a�a occupancy of such unit after October 1, 1999, shall make a written application to the director, on an approved form fiunished by the same, for a provisional rental unit registration certificate to allow the use or occupancy of the said rental dwelling unit. The director may require such information as will permit effective enforcement of this chapter, including but not limited to: � (i) a description of the premises; (ii) the name, address and telephone numbers of the owner or owners; and (in) the name, address and telephone number of the refuse removai person or cox}�pany which supplies refuse removal services for the rental dwelling unit. � (b) Self-certification. The written applicarion shall contain the sworn stat ent of the owner that the rental dwe:ling unit for which a provisional certificate is sought is ei er (i) in compliance with applicable safety codes, or (ii) if not in such compliance, listing particular matters or requirements or defects which aze not in compliance with the safety codes d the owner's schedule by which such owner certifies that each matter listed will be conect d or repaired or otherwise brought into cumpliance with the applicable safety codes and with all quired building permits. The owner's schedule shall specify the date by which each such matter 11 be cortected or repaired, but in no case shall such date be more than twelve months from the te of the sworn statement. Such swom staxement must also include a statement by the owner th the rental dwelling unit for which the provisional certificate is sought has a proper, adequate operable smoke detector in it. (c) Issuance.The director shall issue a dwelling unit who has submitted a complete app (b) above, and paid the applicable fees. A pt occupancy ofthe rental dwelling in e�stence on of a regular rental dwelling unit registration ce denied based on any of the grounds in Section be revoked and the rentai dweiling unit for provisional certificate is subject to renewaJ e ry as a regular certificate. provisio 1 certificate to the owner of the rental ication the required sworn statement in subsection �visi al certificate shall authorize the continued iep mber 1, 1999, pending inspection and issuance ti cate; provided that if such regular certificate is �.06, the provisional certificate shall also thereby ich it was issued shall not furtlier be occupied. A rivo years and may be revoked on the same grounds (d) Not availabde for new converted dwellings. Kental dwelling units which are constructed or converted to rental u for residential occupancy after September 1, 1999, shall not be eligible for a provisional certi ate, and shall not be occupied for human habitation prior to the issuance of a regulaz rental dw ing unit registration certificate after inspection by the director. (e) Smoke c dwelling unit has a Sec. 51.04. Sec. 51.05. ✓required. No provisional certificate shall be issued unless such rental adequate and operable smoke detector. Dwelling Unit Registration Certificate. (a) spection far Rental Certificate. Upon a determination by the director, after inspection of the d ling unit and dwelling in accordance with Section 51.07, that the rental dwelling unit is in co liance with applicable safety codes, the director shall issue a regular rental dweliing unit re ' tion certificate. Notwithstanding the foregoing, the director may issue such regulaz certificate�� 3-��-�9 3 L\USERS�BYRNE�BOSTROA1�ntro317 March 17, 1999 9�-a �� upon condition that one or more violations of applicable safety codes be repaired, corrected or otherwise removed, upon such fiu4her conditions and time schedule as the director may order. Such dwelling unit shall thereafter be subject to inspection upon such schedule as the director may � establish, and be subject to suspension or revocarion of its certificate upon findings of one or mor violations of applicable safety codes. (b) Issuance after Code CompZiance Certifzcate. Notwithstanding any other pro ' on to the contrary, the director shall issue a regular rental dwelling unit registration cerkificate r a building or siructure which has been registered as a vacant building under Chapter 43 of the egislative Code and then has upon inspection received a certificate of code compliance under S ction 33.06 of the Legislative Code within the previous twelve-month period. Sec. 51.06. Suspension, revocafion and denial. (a) Grounds for revocation. The director may, in writing, registration certificate, including a provisional certificate, or deny (i) whenever the certificate was issued in enor or supplied; opend or revoke a rental unit application therefor: basis of incorrect information (ii) when it is determined by the director that use of the dwelling unit constitutes a nuisance as described in Minn. Stat. § 617.81, s d. (2), or is in violation of any ordinance or regulation or any provision of the Saint Pa Legislative or Administrative Codes; (iii) when the owner has submitted a false, ' complete or inaccurate sworn statement as part of the application for a provisional certi cate; (iv) if the owner has failed or refuse o pay fees to the City for inspections or certificates; (v) if the owner has failed to�y fees due under ordinances relating to the excessive consumption of police andfor i pection services; (vi) if the owner or the own 's agent faii to admit the directar for inspections scheduled by the director, or otherwise rovided for in this chapter; (vii) if it is found, up any inspection by the director, that any rental dwelling unit does not conform to the requiremen of applicable safety codes; or (viii) if the (ix) if the becomes or is a � , in a material matter, fails to comply with the regulations in Secrion 51.08. ng or structure containing a rental dwelling unit covered in this chapter 51 building as defined in Section 43.02 of the Legislative Code. (b) R newal required upon revocation. If a rental dwelling unit registration certificate or provision certificate is revoked, the rental dwelling unit for which it was issued shail not again be use or o cupied as a rental dwelling unit ar for residential occupancy until such time as the said certif ate is renewed following inspection and a determination by the director that the said rental dw .ing unit is in compliance with applicable safety codes. �B .yy 4. I:\USERS�BYRNE1B051ROM�i�vo317 March 17, 1999 Sec. 51.07. Inspections. �y � �� (a) Inspection criteria. The director shall not inspect any rental dwelling unit unless it falls within one or more of the following criteria: / (i) such unit has been abandoned by the owner, or the owner of such unit cannot (ii) a police services fee has been imposed or billed as a result of one or m e nuisance events at such unit under Chapter 267 of fhe Legislative Code; (iii) an excessive consumption of ea�terior inspecrion services fee has be unposed or billed as a result of enforcement activity under Sections 34.08.1-.6 of the gislative Code; (iv) water, gas or electric service to such unit has been nonpayment for more than 30 continuous days; (v) the unit is on a parcel of land which is on the list of auditor with the court administrator of the district cow as a result of taxes filed by the county to Minn. Stat. § 279.05; (vi) the unit or the properiy within which the unit is cated has, within the preceding three months, been the subject of a written petition filed 'th the Office of City Clerk by any (A) neighborhood organization which has been reco zed as such by the City, including but not limited to district councils and neighborhood ock ciubs, (B) tenant ar landlord advocacy organization, or (C) neighborhood ar co ity business association which has been in existence for three or more years, which pe tion requests that such unit be inspected and is signed by five or more persons having p sonal knowledge of the unit or property, stating one or more reasons why such unit sho d be inspected by the City; or (vii) the director has reasonable gro ds on which to form a belief that there exists within such unit one or more violations f safety codes which constitute a serious danger to the health, safety and welfare of pe ons living in such unit , or which would make the unit or structure in which the unit wa ocated a dangerous structure or unfit for human habitation under Sections 34.22-.23 of e Legislative Code. (b) Notica of ins� Chapter 51, to inspect a11 Owners of rental dwelli interest in housing whicl are necessary to fixrther that the purposes of s codes. �ection ower. The director is hereby authorized, in conformity with this rent dwelling units to enforce this chapter and all applicable safety codes. ng �ts are placed on notice that the city has a substantial governmental i's safe and free from safety code violations, that warrantless inspections e regulatory purposes of this chapter and other applicable safety codes, and inspecrions aze clearly limited to seeking compliance with applicable safety (c) Sco e of inspection. The director is authorized, in conformity with this Chapter 51, to inspect all re dwelling units in dwellings, whether having a provisional certificate or a regular registratio certificate hereunder or not. The inspection may include the building ar stxucture conta' ' the rental dwelling unit, the land upon which it is located and accessory uses or structures relate o the rental dwelling unit. (d) Owner duty to provide access for inspection. Owners shall provide access to all portions � 3 .�1 �y� 5 I.\USERS�BYRNEBOSTROIvAintro317 March 17, 1999 99-a �a of a dwelling containing a rental dwelling unit for inspection by the director of the building and structure as well as accessory use structures related to, or affecting the safety of, the rental dwelling unit. (e) Notice of violatzons. The director shall give notice to the owner of any violations of the applicable safety codes which aze discovered during any inspection. Sec. 51.08. Regatations. (a) Notice by owner. The owner of a rental dwelling unit for which a rental � registration certificate has been issued is under a continuing obligarion to give written director of any changes in the infotmation supplied as part of the appiication for th certificate. This includes any changes or modificarions of ownersYrip of the said unit, c of the said unit either to a non-rental use or to a non-residential use. g'unit to the conversions (b) New ownen A new owner of a rental dwelling unit shall file w' Yhe director a written application for a new provisional certificate under Section 51.03 if such elling unit is still being used or occupied under an existing provisional certificate. Such applic 'on shall be filed within 30 days after such new owner acquires an interest in the rental dwelling 't whether or not such interest has been recorded. (c) Change of use. If the use of a rental dwelling subject to this chapter changes from a rental dwelling unit or is not used for residential occup cy, it shail immediately be required to meet all requirements of law, including the requirement, r a certificate of occupancy before being used for such new ar changed use. � Sec. 51.09. Fees. (a) Annual fee. The owner of a rent dweiling unit shall pay an annual fee of $20.00, commencing with the application for a pro ' ional certificate, and payable each year thereafter. The owner remains obligated to pay such fee ' g ownership of the rental dwelling unit, and shall pay any delinquencies therein before tr sferring all ar any part of the ownership of said unit. Notwithstanding the foregoing, a n owner making application for a provisional certificate is obligated, and sha11 be required, o pay all such current and delinquent annuai fees with the application. (b) No fee - new dwelling unit registrati covered by a building F There shall be no fee charged for the issuance of a regular rentai ate for new dwellings at the completion of their construction (c) Certific e issuance. The fee, to be submitted at the time of application, for the issuance of a provisional r regular certificate, shali be $100 for a rental dwelling unit in a single-family dwelling, and 25 for a rental dwelling unit in a two-family dwelling. (Reserved.) ��-�� ( I:\USERS�BYRNE�BOSIROM�mtro317 Mazch ]9, 1999 �� a�a Sec. 51.10. Exemptions. Establishments, having rooms or facilities which would be covered by the definirion of a rental dwelling unit, which aze licensed by the City of Saint Paul under other provisions of the Saint Paul Legislative Code, are exempt from the provisions of this chapter if such establishments and the rental dwelling units therein are required to comply with applicable safety codes as a condition or requirement of licensure. Sec. 51.11. Tllegal Occupancy. No person shall occupy, use or reside in a rental dwelling unit in any one- ar'o-family rental dwelling of Group R-3 occupancy after October 1, 1999, which does not ave a rental dwelling unit registration certificate. Any unit or structure which is so occupied, u d or resided in shall be an unlawful structure and subject to the provisions of 5ection 34.23(2 of the Legislative Cade relafing to illegal occupancy. Such illegal occupancy also constitutes azard to the health, safety or welfare of the occupants and the public, and may be conde ed by the appropriate enforcement officer under Section 34.23 of the Legislative Code. Sec. 51.12. Penalty. Notwithstanding the lack of a specific reference thereto, violation of, or failure to comply with, any section, provision or requirement in this chapter a11 be a misdemeanor and shall be subject to Sections 1.05 and 1.06 of the Legislative Code, d to the provisions of applicable state statutes. This chapter is a part of the city health, safe , housing, building, fire prevention and housing maintenance codes, and a violation thereof sh be deemed to be a violation for purposes of st�.t:, statutes allowing escrow of rent to remedy d lations. Sec. 51.13. Appeal to Legislative Hearing Orders of the director are subject to Sec. 51.14. Appiicability of Other 18.02 of the Legislative Code. Nothing in this Chapter 51 ' intended to waive, replace or amend the applicability or enforcement of any other law, or ' ce or regularion applicable to residential dwellings, including but not limited to, zoning, nuis e abatement, or licensing ordinances. Section 2 Section 33.06 certificate of comulia Sec. 33.06. 1e Saint Paul Legislative Code, providing for the issuance of a is hereby amended by adding the following new subsection (d): of compliance. (a) Th uilding official may issue a certificate of compliance for any building or structure in oup R-3 or M occupancies when it is determined that such building or sh complies 'th the provisions of Chapter 34 of the Saint Paul Legislative Code. The fee required for iss ce of a certificate of compliance shail be one hundred dollars ($100.00) for a single- 2 f' dwelling and one hundred twenty-five dollars ($125.00) for a two-family dwelling. �� 3 ��-q� '� I:\USERS�BYRNE�BOSTROMV�o377 Mazch 17, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 9�-�-�2 9� (b) The building official may issue a certificate of compliance for any building or strucriue in Group R-1 occupancy, as defined in the Minnesota State Building Code, when it is found that such huilding or structure complies with the provisions of Chapter 34 of the Saint Paul Legislative Code. This fee, in addition to the certificate of occupancy fee, shall be one hundred fifiy dollars ($150.00) for a three-family dwelling, one hundred seventy-five dollars ($175.00) for a four-family dwelling, and ten dollazs ($10.00) per unit for a five- or more family dwelling with a minimum of two hundred dollars ($200.00) and a maximum of three hundred doliars/ ($300.00). (c) There shall be no fee chazged for the issuance of a certificate of compliance�f`or new buildings at the completion of their construction covered by a building pernut. � (d) The building o�cial may, without fiirther inspection, issue a certi ate of compliance for any building or struchxre which has been issued a regular rental dwellin unit registration certificate, based on an inspection under Chapter 51 of the Legislative C e, within the previous twelve-month period. Section 3 This ordinance sha11 take effect and be in force on the�tliirtieth day following its passage, approval and publication. � Requested by nepaxtment of: By: Adopted by Conrtcil: Adoption Certified bl/ Council Secretary BY: Approved by Ma*or: Date By' Fozm A ro�ed by Cif} AbC ney BY: �-�/ —/� Approved by ayor for Su mission to Council By: 8 L\USERS�B7RNE�BOSTROM�intro317 March 17, 1999 '� 1 J�� •rrlc-cr-1999 17� 02 .�. S A 1 N t �♦ Y L A t E w A S S O t � A t 1 O N e• 11 E♦ttOai� PYFSWFNI �OhrCb biOnCh. GR� P.rsx�w,-e�cc� �eMeo pop+oot. CRS. GRi Scc�:,k, Opltn! FYeek TRFiuutE[ Roncitl Cylko.vfw. GRI ��tECtOk�nt-WlGE YKtO Gay. GR7 P�tT PeES�ocat A41e�+oei OnO�. GRS, GH BGw1D O� � AEC10t3 lotepR bsroo�, CtB, �RS, GRI Co+ner+ne Ldena0l. GRt CR� Sheile CCMO6y. C85. GR� scon Ohco� GRI �arv �o�mon. ont R'm Ko!a�insti. GR� TO�y KuctObesY.. CRS. GRI Mry11/r. Llnh. GRI Ree leon �naon�, cci IJ PoRRNCS !ab P�tsnon rom schsel e�eg SHdesn. GRi aoC snsen. Gar Re.�ftn o� +m Y..a +nKnott Onsn. CRS. GR+ Suta D�ec^.ioes undo �ntlerson pOMC�p brOnc�, GRI ROINtlriDJMy GRi µ�Ci+oa3 r.��sko. GR� ♦ttcMei Olten GRS. G2i JoniCS ROp�t01, 6R4 CRS Missy t�omASen N.noN.t Da�¢crow raknwt titv�Ice. GRi Exce•rwt ��ec Pecs�ce•n [e7n O Ho1T ST PAUL �� V s�s f Apri127.1999 Thc Honornble Jay Hu.an�v Couacilmcabs Ciry of St. 4au1 YS W Ke11op,� Blvd St Paul MN SS IO2 Dw Cout�cikaesabtt Hmuur. ��ir�'�� 1 C�EZ�nr� 'zn�� 'ILank you for du opPomsT'kY ro mat w.ith you �o di�cuss the pauibl: implaaeatation of rattal unit tepisuuioa for �iagio-family and daptac rental propatY• We aypreraale your willinQnaf co hear our coaeertu. Our msin poi�a ia oppositioa to resual uni� registration are: 1. Tl�e neod fos a mo� foeusrd a�yroach :m• ar�eblan reotat amaccty. Reatal usilt regstratien er�vtea a new progun and bvTeauaaCy, w'ch a�ootapassez boch reeponsible aad erranc )andlords. it is oar eonternion tLat we should Aot punish good landlords so address she groblrms ckat exiss. I,aa� yau, the Clry Co�+ncll passed a eomplatnt-based orclinaACe, which was meaac [o battes pi:+point problem pmpccies. Tne or�iinance, whlch w� supponed by SP.iAR, avas never implaaec,ted and it is unclar wheihet thae u�ue funds ailoceted to this effart. 2. 721e C09I IO p10�tJSY Own�f9 dAd teifBStts t0 i3 B L?iital NIIit ttglSLTat101! 3S exneme. T2x proposed cost of S I OOtunit ls stag8�. This ne�v taz may be passed an w rrnteis already feeling the es,ch od a tipjrt bouxing muket. The propoecd ordinan:e a?so orcaces a new lsmdlnp soutce for ehc C1ty becauu the amoau would b� aanual, tathar sAe� a onatuao fse• Tnt foAowin; ate ouT comDromise suggestions to recoguzc the problem, a��ert che rarisrr�sion praesc, and improvo rhe rensal housins stak of Si. Yaul. The St. Paul Atx Aasoeiation of RE+�L70RSb and the Respontible LuneSlords rmo�izo that some neighborhoods in the City are plagued with de[eriorating proeerry conditions. Wc also agree, thougti unstudied, thac a�rata proportion of pmbleme een be attributed W the conditien o! rental proparty. !t is aur tw1 u�d d�sits to wask in parusetahip with tbe Crry, communiry groupa, and blocic elube, to make e�igiifionnt impeec �n the eo:aing monrhs to rhe conQition otonr mosr u-risk propatia. Our ptepocats to werk +vith the city uslude l. RrleutitudAy tDe ReaGJ Trs Equlty pro�ram io St. Paut. Reatai Taz Equity wu an extrsmety eueeee�5�1 progam in ihc mid•149Q's iss the City. Owners oS 1 snd o' unit teotal proptrty aoWd teeeive a tax ersdl! for makiag aeeded 'unprov��s to rmta! propctty. Ova s5p renu) Dtopaties were lupnpved ir1 the final ytar of tht Progam. Tna yrogaai wns diseoatirmed whrn Suce fundinY ceased. The Raual 325 Ecst Rosaicwn Avenue • Scint P�v1. MN 55117-20DD �y PhO�E:65!(�14•5206 • fCX6S}(�74}1�� • NB7: wWw.SpOOf.C6T �• u £-moif: spear�spaor.com 19PR-27-1999 1�:02 •M• 7♦ i M► P A1 Y t A t t♦ � i f O G 1 A T i O N ef R E A 1 i O t 3� 5T f�RIP� ti�EA REq�TDRS �� tAp vor�i FO� Raa Ettofe• T� Equity Yragra:a is an a�colleas wndidats for ase ai S.TA.R giaai fw�ds and �au1d be adminiataed with tht aaoistance of eommunley groups, rmho7s, the eity and blxk etub� in tYu masc distrased arerac of tbe city where tha patts►tage of rental propeRy is hiq}�. 2. Enforcement of the ordiaance pa»ed iD teu 1997 io addreu rmtei properties witb repeat wmpldot�. As ehe a�d of 1997 �he CitY Councl passed s eomylein�•boead ozd�suiee wkuch would havc elmnped-down oa pmb7em lac�dlozds who did not saaintaiti thoit prvp�ies or wbo �vve tbe »etims of �uuuly taiant:. W e favar the campl�.nt-based prooess, shrough restraint and a fair appeal-Pracas should be a camponeat to svoid vindicdve complaiats. 3. Cratioa of a lsadlord/commuairy•Lased pepel to ditcusy dEBerenca� Det+veee Lodlordlcity aad laadlordltenaut. ltie goa! is to mate landlords morc pr�active wheu complainq and psoEiana atise. Working elmely vritl+ Code Enibrcrmait pe»onruS m idrnrPy yrebleme, t}u Rzsyon�ible Landlords �¢n offer edueaclon and mrdiation beswecn elty, u�aanu, neighbors a�d lusdlord9. SPA1tL wiU bxome mom proictive in disput� re4otution� 4, Spemor Awardt for Renta! Property Improrcment. Rather iAan etenting a"bad latidlord list" list, we will apaclighe landlords who maka si�cant imp:ovemcats w their propatia thTOUIIfi out education, and iucnrperete tlue informetion inW associatlon fnaieri8ls. OJc wi11 yhow tha[ iaspreving property eondie�n is not on)y tne ri�ht chinQ to dq bnt also is pzofuable. MGre auccas stories tteed to be highlighted. 3. Work more doidy wlth hleck @yp�. yVe reaiiy hope for the opportunity to �ot�c witt� tAa block elube mae eloge3y to idmtify prob�ems aad consider solutioru. We plan w da � beRa job of enrnrnunicatiny with ncighbozhood goups wlso often heu the first complaints Som neighborm. b. idEatt(y pyore lacenrivo: f9r 4=.np sad otvacr-occupaacy, work �vuh eity ofticisls atid Counciimembers:a idem�ty incent}ves for owasroecvpaacy in duplrxa. �� Rericw the curreet compfsints wiib eode eaiorecmeat — A suPgestion Is to recruit aa intera Ior the eummer to roview complaints that ho�z bern filed with the Code Eaforcemrnt Degaranenc. Mou city otfieiaia (t}uc we've spoken +vith) egree zhat the sna)orlcy af wmplaints have eitha Deen ezterlor-based or urtru�y tenams. Soth of thssa isua ut elresIIy addressed in eode� already ea tho books. The ultimate quution is "How many eompla,ms were interior•be�ed ahich �vould be addresaed by sAi: pmposal". Is this Droposa! praponionate with the problecas we aze axountetiay? We need aiore in£oRr !• Rcvfew� tbe etleetiventu oi scntal reglstrstlop ln MLw•uka aad Minneapoti�. Both Minnapolis and ,�iilwauken have ohwen w implemant � rencal unit reyistraaon yoliey, though differcnr frosn the St. Pau; propo:al. Enoygh time hns pessed that is�f'ermation ur� be �ivt�n,�a th� tffectiveness of tk�cee progaav, and ► more informed daisioy ryn be madc bc cicy oS8cials oa moving fonvard wiTh rrntal rcg3suscion. 3?S East Rosebwn Avenue • 5oint Po�l, MN SS{ {7•2ppp �� hane: 612/771•5206 • fo,c: 612l774-11>7 • rter: wwwsPOOr.tom E-mail: �paor�spcor.com . �• -�+ 'w ,,,, s��r1 ,ut AtE• A S s O C 1 A t 1 O N o• R �ALTOS S' a � rr+�. wac., .�c.i �.�n.a �� - fie voice for itea E=�atQ' 9. Work w3tD tE� HmilaE Ceurt O!litIals. Work wssh Patrlek Hat and orhas in tbe Housine Coeat process t2vou� educairon programe for landlvi3s and pm}saps vrotk with o�mecs of particalarly diara�ed ptePerties on thcirrights u,d resperosibilities w3ih tenatns aad pmper m�imrnwaoc• 10. A�vie+r Aspect� of cbc Ha�Acq Coda Makn recommendatioas af which aode provislons are the mwt ditAwh to mee�. Ako, to tnform laadiords on msiateaancc tips afld reLabilitttion options aad P�� l!. Work with �on�irg IemrmaHoa Of6ce More Cb�ciy. WorY with HIO stsff to help implemrnt onr ylaa. It i� our hope that the regissradon Fvocess can bc put•off for 6 montLs io arder so bryia eaforzing tho wmpisiat_yayed ptocess and wc have an opporn�nity to im�lement our idaas. We wiil continue w ay tad wark with the proyonems of shis ordinance, tisy wtu�cil mambas, and oth�ss in an eQ'on to ceaeh o eompromiee th�t target5 pr�blem propenirs without erea[3n� new nxe� on good landlords. We apprecute yeur dedication and ha►d work oa haiuing issua and look fowsrd to working with You in the futuse. IPyou.hnve any quaetions, feel hee to conuet me at (651) ?72-6341, or Paul Sohscudt at (65!} 547•68I0. �� Periard Wu Affair� Dirnetor St. P�ul Paea Association of Rif,LTORS' �� Paul Schmidt Plesidatrt St. f au! Aasociacion of R�ponssblc Landlords 325 Eost Roielpwn Arenue � Solnt Pqui. MN SSl 1 �-?OOC Phone: 612/7�4520b • Pax: 61II?7411 �7 • Net: vnwv.sppor.com �• 4 c_,....y� ....,...��.�...., �..,., TOrR{. F.Oa TOTAL P.04