03-887Council File # 1�
Ordinance #
Green Sheet # 3�5�
ORDINANCE
Presented By
Refened To
Committee Date :
An ordinance to amend chapters 32, 33, 34, 43, 45,
51, 105, 163, 189 and 292 of the Saint Paul Legislative Code
to accurately reference the functions of the new department of
neighborhood housing and property improvement.
THE COUNCIL, OF THE C1TY OF SAINT PALJL DOES ORDAIN:
Section 1
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Section 32.06 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec. 32.06. Cost; collection.
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(a) Cost. The costs of contracting for such garbage services shall include the actual fees
charged by licensed haulers for garbage collection as well as the city's administrative
costs associated with contracting with licensed refuse haulers to provide the service to
property owners. If the city provides gazbage service pursuant to section 357.07, the costs
shall inciude the city's costs in providing such a service to the property including, but not
limited to administrative costs as defined in section 32.02.
(b) Cost records. The department of
neiehborhood housing and �roperty im�rovement shall keep a record of the fees for
garbage services, the name and address of the owner, and costs associated with providing
the service to the property owner, and shall report such information to the director of
financial services.
Section 2
Section 33.06 (fl is hereby amended to read as follows:
(� Work done on dangerous structures, nuisance buildings and vacant buildings. No persons
shall be issued a permit pursuant to this chapter, excluding a demolition permit, for any
building determined to be a dangerous structure under Chapter 43 or nuisance building
under Chapter 45 of the Saint Paul I.egislative Code, or a vacant building as defined
under section 43.02(7)(c), (d), (e) or (� without first filing for and receiving a certificate
of code compliance inspection under section 33.06 ar filing for and receiving a certificate
of occupancy inspection under this chapter. Any application for a pernut issued under this
chapter, with the exception of a demolition pernut, for work to be done on a building
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CITY OF SAINT PAUL, MINNESOTA
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determined to be a dangerous structure or nuisance building must be accompanied by a
deposit of two thousand doilars ($2,000.00). 3uch monies shall be deposited with the
department of finance and management services to be held at an interest rate to be
established by that departrnent until such time as the monies are refunded to the pernuttee
or forfeited to the city under the provisions of this section.
7 Except as otherwise specified in this section, a certificate of compliance under section
8 33.06 or a certificate of occupancy under section 33.05 must be obtained within six (6) months
9 from the date of the original certificate of compliance or certificate of occupancy inspection. One
10 (1) six-month time extension beyond the initial six-month time limitauon may be requested by
11 the owner and will be considered by the building official if it can be shown that the code
12 compliance work is proceeding expeditiously and is more than fifty (50) percent complete or if
13 unforseen conditions have had significant schedule impact on the completion of work.
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The provisions for completion of rehabilitation within six (6) months and the six-month
extension apply only to property not presently subject to any orders issued to the property
pursuant to Chapter 43 or 45 of the Saint Paul Legislative Code by either
ee��mene the denartment of neiQhborhood housinQ and property imurovement, the
department of fire and safety services or the city council. Notwithstanding the time limitation
estabiished under this section, the city council reserves the right to shorten the time period for
completion of the rehabilitation through any order or resolution issued pursuant to Chapter 43
and sections 4510 and 45.11 of this Code.
Section 3
Section 34.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 34.07. Definitions.
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Enforcement officer. The head of the Department of Fire and Safety Services, th�
1]_____.__ .._�_ r__r______ __� the department of neighborhood housine and Qro e�rty
i�rovement or the Office of License, Inspections and Environmental Protection, ar their duly
authorized representatives.
Section 4
Section 43.02 of the Saint Paul I.egislative Code is hereby amended to read as foliows:
Sec. 43.02. Definitions.
Unless otherwise expressly stated, the following terms shali, for the purpose of this
chapter, have the meanings indicated in this section.
(1) Dangerous structure: A structure which is potentially hazazdous to persons or
property, including, but not limited to:
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A structure which is in danger of partial or complete collapse;
A structure with any exterior parts which are loose or in danger of falling;
or
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c. A structure with any parts, such as floors, porches, railings, stairs, ramps,
balconies or roofs, which aze accessible and which aze either coilapsed, in
danger of collapsing or unable to support the weight of normally imposed
loads.
(2) Enforcement offzcer: The
director of the department of nei¢hborhood housine and �pertv improvement, or
duly authorized representative.
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Section 5
Section 45.02 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 45.02. Definitions.
The following definitions shall apply to this chapter:
Attractive nuisance: A condition such as a dangerous structure, an unsecured vacant or
condemned building, or other condition which in the opinion of the enforcement officer may
attract nonowner(s) or other unauthorized person(s) and which would expose them to risk, peril
or danger.
Enforcement officer: The director of the
denartment of neiehborhood housin� and property improvement, the director of the department
of fire and safety services, the director of the department of police, or their duly authorized
representative.
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Section 6
Section 45.12 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec. 45.12. Emergency abatement procedure.
When the enforcement officer determines that an attractive nuisance, a nuisance condition
or a dangerous structure as defined in section 43.02 exists on a property which constitutes an
immediate danger or hazard which if not immediately abated will endanger the health or safety of
the public and there does not exist sufficient time to follow the procedures of sections 45.10 or
45.11, the city may abate the nuisance by the procedure described below:
(1) Order. The city shall order emergency abatement by an administrative order to be
signed by the director of the department
of nei�hborhood housing and property improvement, the director of the
department of police or the director of the department of fire and safety services or
their officially designated representative.
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Section 7
Section 51.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 51.02. Definitions.
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Unless otherwise expressly stated, the following terms sha11, for the purpose of this
chapter, have the meanings indicated in this section.
(a) "Dwelling" is any one- or two-family 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 tenm "dwelling" also includes any
multifatnily residential building or structure which (i) is not required to have a certificate
of occupancy under Chapter 33 of the L,egislative Code, and (ii) is not exempt under
section 51.10 of the Legislative Code.
(b) "Director" is the � director of the department of
neiphborhood housine and propertv imvrovement, and his or her designee or designees,
and shall include any enforcement officer under his or her supervision or direction, or
other duly authorized representative.
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Section 8
Section 105.04 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec.105.04. Boulevard planting.
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(d) Compliance requirements.
--°'' -- �oa�-cniarccn�ciic The department of neighborhood housin� and propertv imnrovement,
shall have the authority to invesrigate boulevazds to determine compliance with this
section. For any groperty deemed to be in violation, the enforcement officer shall give
notice of the alleged violauon to the property owner, following the procedures set forth in
section 4510 of the Saint Paul I.egislative Code. The
._�n* denartment of neiehborhood housine and propertv imvrovement may
additionally deternune whether a planting otherwise in compliance with this chapter
nonetheless poses a nuisance or hazard, and may take action to abate such nuisance or
hazard.
Section 9
Section 163.04 of the Saint Paui Legislative Code is hereby amended to read as follows:
Sec.163.04. Custody of abandoned vehicles.
45 The city health officer or enforcement officials of the �
46 _�__ __�� department of neighborhood housinQ and prouerty imnrovement for the city
47 aze hereby authozized to remove or have removed and any motor vehicle left at any place within
48 the city which reasonably appears to be in violation of this chapter or lost, stolen or unclaimed.
49 The impounding and taking into custody of a motor vehicle pursuant to this chapter shall be done
50 with the assistance of a police officer. A police officer, health officer or enforcement official of
51 the denartment of nei¢hborhood housina
52 and propertv improvement for the city may enter upon private property at ail reasonable hours for
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the purpose of inspecting such vehicle and impounding such vehicle, and it shall be unlawful for
any person to prevent a policeman, health officer or enforcement official of �ixe-�rvisiarra€
the department of neighborhood housinQ and property
im�rovement for the city from entering on private properry for the purposes of caxrying out his
duties hereunder or to interfere with him in the lawful performance of his duties.
Section 10
Section 189.01 of the Saint Paul I.egislarive Code is hereby amended to read as follows:
Sec.189A1. Definitions.
Far the pnrposes of this chapter, the following terms shall have the meanings ascribed to
them in this sectiion:
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. The Director. The head of the department of
neip_hborhood housine and property improvement and his or her designee. �persan
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Section 11
Section 189.05 of the Saint Paul I.egislative Code is hereby amended to read as foliows:
Sec.189.05. Disclosure report form.
The examining board shall develop and approve the disclosure report form. The
disclosure report form, applicable to single- and two-family dwellings, town homes, co-ops, and
condominiums, shall include sections necessary to note:
(1)
�2)
Major structural defects; or
Immediate hazards to health and safety; or
(3) Deviations from standards defined in the truth-in-sale of housing (TISH) evaluator
guidelines.
The disclosure report shall also indicate if the single- or two-family dwelling, town home,
condominium or co-op is a city-designated heritage preservation site or located in a city-
designated heritage preservation district; the office of license, inspections and environmental
protection shall maintain and issue to the
director a list of sites and of addresses within the districts.
Nothing in the disclosure report shall indicate, or shall be deemed to indicate, that such
dwellings meet all minimum housing and building standards. The approved disclosure report
form shall only be used for evaluations of dwellings in the city by evaluators licensed under this
chapter.
Section 12
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Section 189.07 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec.189.07. Examining board established; membership.
(a) The examining board for TISH evaluators shall be appointed by the mayor, with the
approval of the city council, and shall consist of nine (9) members.
(b) The membership shall include the
director, and a representative from each of the following: the building trades, the legal
profession, the financial community, the contracting business, the real estate business, the
azchitectural or engineering profession, and two (2) citizen members representing the
generai publia No more than one board member may be a currently licensed TISH
evaluator.
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Section 13
Section 189.08 of the Saint Paul L.egislative Code is hereby amended to read as follows:
Sec.189.08. Organization of the board.
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(b) The director shall serve as the
secretary-treasurer of the board. In the absence of the chaiiperson and vice-chairperson
the secretary-treasurer shall preside over meetings of the board.
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Section 14
Section 189.16 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 189.16. City employees not to be certified.
(a) No employee of the caty is eligible to receive a license.
(b) Should any person who has a license to perform evaluauons in the ciry become an
employee of the city, that person shall immediately discontinue conducting evaluations in
the city and shaii return the license to the
director
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Section 15
Section 292.07 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec. 292.07. City police to identify.
At the request of the public, and based upon information received from the public, city
police personnel shall investigate and identify youth gang graffiti. Afrer police have verified the
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existence of graffiti they shall contact the city clerk, who shall schedule a public hearing. The city
clerk shall notify the affected property owner of the hearing date, the preliminary findings that
gaffiti exists on the owner's property and that the council may after the hearing order the
removal of the graffiti by either the property owner or the city's department of eemmmritq
serniees neiehborhood housine and property am_provement, and if said department has to remove
the graffiti, the cost will be assessed against the owner's property.
Section 16
Section 292.09 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 292.09. Hearing.
(a) At a hearing before the council, the council shall receive evidence from the police
department as to the existence of gzaffiri. If the council finds that graffiti exists, they shall
notify the department of nei�hborhood housine and property
improvement and direct its removal in accordance with section 292.10.
(b) The property owner shall be entided to be heard on all matters relating to graffiti and the
process of removal.
Section 17
Section 292.10 of the 5aint Paul Legislative Code is hereby amended to read as follows:
Sec. 292.10. Notice to owner.
In the event raciai, religious, gender-based or youth gang graffiti is found, the department
of neighborhood housinQ and propert�mrorovement shall mail a written
order to the owner of the subject real property, addressed to owner's last known street address.
The written order shall contain the following:
(1)
(2)
(3)
Description of the real estate sufficient for identification.
Inform owner that racial, religious, gender-based or youth gang gaffiti exists on
owner's property and the remedial action required.
Allow a reasonable time for performance of any act it requires.
(4) State that unless corrective action is taken, the department of
neiehborhood housing and propertv imorovement may remove the racial,
religious, gender-based or youth gang graffiti and charge all costs incuired therein
against the real estate as a special assessment to be coilected in the same manner
as tases against real estate.
Section 18
Section 292.11 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 292.11. Costs to be assessed.
Tn the event the city removes andlor abates the racial, religious, gender-based or youth
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1 gang graffiri, an accurate record of the costs incuned therein shall be kept by the department of
2 neighbarhood housing and uroroertv im�rovement and reported to the
3 department of finance and management services. The total costs of this abatement, including the
4 administrative costs incurred by the department of finance and management services in
5 processing the abatement, shall then he assessed against the affected real property in the manner
6 provided for in Chapter 14 of the City Charter and shall be collected in accordance with those
7 applicable provisions contained in Chapter 64 0£ the Saint Paul Administrarive Code; provided,
8 however, that these assessments shall be payable in not more than five (5) annual installments.
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10 Section 18
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12 This ordinance shall take effect and be in force thirty (30) days following passage,
13 approval and publication.
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Aequested by Department of:
By: �
Pl1BLVSHEU�
il j, ,
Adopted by Council: Date //-.J 03
Adoption Certified by Council Secretary
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
r'I�-.
DepartmenUoffice/council: Date Initiated: � ' U l�
MO — Mayor's0ffice '13-AUG-03 Green Sheet NO: 3004153
Contact Person & Phone• Denartment Sent To Person Initi_ _. al/Dat
Dennis Flaherty � 0 a or's Ofti e '�+ V�
266-8510 pssign 1 ouncil
Must Be on Council qgenda by (Date): Number 2 � Cierk
For
Routing
Order
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Ordiance to amend chapters 32, 33, 34, 43, 45, 51,105,163,189, and 292 of the Saint Paul Legislarive Code to reflect the new department
name. '
Recommendations: Approve (A) or Reject (R): Personal Service ConUacts Must Mswer the Following questions:
Planning Commission 1. Has fhis person/firtn ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Creation of new depazvnern created obsolete references in the Code.
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AdvantaaeslfApproved: .
The Code accurately reflects current organization.
DisadvanWges If Approved: ' ' � �
None.
Disadvantages If Not Approved:
The new departmenPs functions will be unclear.
Total Amount of CasURevenue Budgeted:
Trensaction:
Fundins� Source: Activity Number:
Fi nancial Information:
(Explain)