03-890S:s.��>t�.
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ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Section 2
Committee Date :
An ordinance amending chapter 34 of
the Saint Paul I.egislative Code to provide an affirmative defense for
lessors in a misdemeanor prosecution and allow for
reinspecrion and excessive initial inspection fees to be collected by special assessment.
Section 1
Section 34.08.1 is hereby amended to read as follows:
4 Sec. 34.08.1. Council findings.
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6 The city council finds that some property owners take little or no responsibility far the
7 e�erier maintenance of their property unul the city, through its various inspections programs,
8 has repeatedly ordered them to remedy violations of Hre
9 . ' the propertv maintenance chapters of the Saint Paul
10 I.egislative Code. Such property owners create excessive costs for the city which are over and
11 above the normal cost of providing inspection services city-wide. Property owners who must
12 repeatedly be ordered to gbate remedv code violations on their property consume an unacceptable
13 and disproportionate share of limited city resources. Therefore, it is the intent of the city council,
14 by the adoption of sections 34.08.1 through 34.08.55, to impose and collect the a-user�eet8
15 de€r�q costs associated with reins ecn tions and the excessive consumption of city exterier
16 inspection services. The collection of such costs for certain properties shall be bv assessment
17 aeainst the real pro�ertv requirine such excessive insuection or reinspection services, oursuant to
18 Minnesota Statutes. Section 429101, which authorizes the council to provide for reins ection
19 fees to be collected b�pecial assessment and allows cities to collect the costs associated with
20 removal or elimination of public health or safety hazards and Chapter 14 of the Saint Paul City
21 Charter.
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Section 34.08.2 is hereby amended to read as follows:
Sec. 34.08.2. Definitions.
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PUB�.3S!��
NqV 2� '03
For the purpose of this chapter, the terms defined in this section shall have the meanings
ascribed to them:
Reinspection means that an enforcement officer has conducted
an inspection of the nremises based upon a complaint or otherwise had
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occasion to view the e�terier p� premises and observed a violation of see#ierr3�68�€
thise�hapter any provision of the St. Paul Legislative Code under the jurisdiction of the
department of neiehborhood housine and propertv improvement issued an�e a
written notice of the violation�, and reinspected the premises to
deternune compliance with the abxtement�rder notice and found noncompliance.
Excessive Initial Inspection means an inspection and observation of a new violation bv
an enforcement officer at a specific propertv address after an enforcement officer has conducted
tw�rior initial insnections within a twelve-month period and found violations of the Saint Paul
LepSslative Code under the jurisdiction of the department of neiehborhood housine and propertv
improvement, where the owner was notified in writin� pursuant to 34.08.3.
�ier Excessive inspection services fee means the fee to be imposed forearterier a
reinspection or prepeitq-Rrea excessive initial inspection ___ .__ __ '__._-__ _.' -.---.------ _.. The fee
hall include, but not be limited
tm; the prorata salaries of enforcement officers perfornung exterier inspections of the subject
property;; the prorata cost of equipment, materials and all other overhead costs used during
inspecrion e}�esof the subject property, includine ownershi�searches and administrative and
clerical costs; and the costs of any medical treatment of enforcement officers injured as a result
of these inspections.
Section 3
Section 34.08.3 is hereby amended to read as follows:
Sec. 34.08.3. Initial �xteriar inspection by enforcement officer.: written notice
(al Written notice of violations. When an enforcement officer conducts an initial
inspection of a�erier prgpertq-xrex r� e� and deternunes that violations of �m
the provisions of the le�islative code under the jurisdiction of the department of neighborhood
housin� and property im_provement exist, the enforcement officer shall, in addition to any other
action the enforcement officer may undertake, serve written notice of the violation in
conformance with the requirements set forth in section 34.21 of this chapter.
(bl Notice for collection of reinspection costs and excessive initial inspection costs. If the
enforcement officer intends to collect the city costs for reinspections and excessive initial
insuections, then the written notice provided for in sections 34.08.3(a) and 34.21 must also:
(1) state that if the violations aze not cosected within the time period or periods required
in the notice, the city's costs in conductin a¢ reinspection after the due date for comnliance will
be collected from the owner or owners rather than beingpaid by the taYpayers of the citv; and
(2) state that if additionai new violations of the le�islative code under the jurisdiction of
the department of neiehborhood housin,g and prooerty improvement are discovered bX
enforcement officers within the next followine 12 months, the city's costs in conductin�y
additional inspections at the same location within such 12 months will be collected from the
owner or owners rather than beine paid bv the tas�avers of the city; and
(3) state that such future costs will be collected by assessment ag_ainst the real property.
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Section 5
Section 34.08.4 is hereby amended to read as follows:
Sec. 34.08.4. Excessive consumption of �terier inspection services, fee and liability:;
Reinsuection fee and liabilitv.
(a) The city shall be entitled to collect its costs of enforcement from a property owner who
consumes either reinspecrion services or excessive earterier initial inspection services. An
excessive consumption of exterier either reinspections or excessive initial inspection
services occurs after:
(1)
(2)
Written notice of a violation is served under section 34.08.3 following an initial
inspection; and
�hree-F�j One 1 additional e�feriar initial inspection eqeles are is performed at
the same location within a consecutive twelve-month period after the first initial
inspection for which a notice of violation was served; and
(3) During each of the�hree-F3j two 2 a��iYiarra�e�terier initial inspections eqeks
under subpazagraph (2), the enforcement officer finds violations of s°efien-3�98.3
the Saint Paul I,e¢islative Code under the jurisdiction of the department of
neighborhood housing and pronertv imorovement. which are either new violations
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Written notice of a violation is served under section 34.083 followine an initial
inspection; and
The enforcement officer conducts an inspection after the due date for compliance
on the notice and determines that the violation still exists.
(b) A�he fee of €er .
. .fifty dollars ($50.00)
mav be charped for the first initial inspection after the circumstances described under
section 34.08.4(a) subdivisions one (1) and two (2) and a fee of seventv five dollars
($75.001 may be char¢ed for the second initial inspection after the circumstances
described under section 34.08.4(a) subdivisions one (1) and two (21 and a fee of one
hundred fifty dollars ($150.00) mav be chazeed for each subsequent initial inspection
within a twelve month period after the circumstances described in section 34.08.4(a)
subdivisions one (1) and two (21.
� A fee of fifty dollars ($50.001 may be chareed for the first reinspection described in
34.08A(al subdivisions four (4) and five (5). A fee of seventv five dollars ($75.00) may
be chazged for the second reinspection described in section 34.08.4(a) subdivisions four
(4) and five (51. A fee of one hundred fifty dollars ($150.00) mav be chareed for each
subsequent reinspection described in 34.08.4(a) four (4) and five (5).
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3 � No fee under section 34.08.4(a) shall be charged where the city has issued a written
4 norice pursuant to section 34.083 but has abated the violation under section 4510 or
5 45.11 of the Saint Paul I.egislative Code and assessed the costs of such abatement under
6 section 45.111 of the Saint Paul I.eaislative Code.
8 {�j� The amount of the excessive consumption of e�teriar inspection services fee shall be a
9 debt owed to the city . and shall be collected bv
10 snecial assessment under the authority in Minnesota Statutes, Section 429.101 and the
11 Charter.
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13 {ej�t Action under this section does not preclude any other civil or criminal enforcement
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Section 6
Section 34.08.5 is amended to read as follows:
Sec. 34.08.5. Cost; collection.
(al Cost records. The enforcement officer shall keep a record
of the costs for fi�excessive consumption of exferier
inspection services €ee, s€ the name and address of the owner, the dates of the inspections giving
rise to the excessive consumption of exterisr inspection services f�ee, the observed violations of
the Saint Paul I.egislative Code under the jurisdiction of the departrnent of neighborhood housing
and pronerty improvement . , and the total amount of the costs for
excessive consumption of e�terier inspection services €ee to be collected a ai� �nst a�zrticular
ronertv., and shall report such information to the director of financial services. '�"- - �nc-arcisiorror
b� Resolution approving total, settin dn ate of public hearing. On or before October 1
of each year, the director of financial services or his or her designee shall notify the city
council of the total cost of such excessive inspection services performed durine the previous
yeaz and the portion of such costs to be assessed a¢ainst each lot and parcel of property that
utilized excessive inspection services . Upon receipt thereof, the council shall bv resolution fix a
date for public hearin� at which time the council shall consider adoptine and levvin� the service
charees. The date of public hearing shall be at least twenty (20) days after adoption of said
resolution.
� Notice of council hearinz. Followine the adoption of the resolution nrovided in paraeranh
(b) above, the director of financial services shall publish a notice of the hearing in a daily
news�a er of the citv at least five (5) da�s prior to the public hearine. The notice shall
state the date, time and place of hearin¢, the pumose of the hearin¢, identifv the services
�rovided and the propertv to be assessed a service chazee therefor, and shall state the
proposed rates of service chazges to be considered by the council.
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1 � Notice to owner and interested parties. At least ten (101 davs before the hearin , notice
2 thereof shall be mailed bv first class mail to the owner and anv interested partv known to
3 the city, at his or her last known address. Such notice shall also inform the recivient of the
4 notice (il of the procedures he or she must foliow under the charter in order to appeal the
5 assessments to the district court, and (ii) of the provisions of Minnesota Statutes, sections
6 435193 to 435.195 and the existence of anv deferment procedure established pursuant
7 thereto.
9 �e,� Public hearine; adoption of assessment roll. On the date of public hearin� the council
10 shall meet to consider the adoption of the proposed service chazQes. The council shall
ll hear all interested parties concernine the proposed chazees. At such meetin� or at any
12 adiouimnent thereof, the council mav amend the pronosed service char¢es, and shall, by
13 resolution, adont the service charges as a special assessment aeainst the �rouerties which
14 utilized excessive inspection services. Special assessments levied hereunder shall be
15 �avable in a sin¢le installment.
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17 �f Certification to county,for collection with taxes. After adoption byresolution of the
18 service charges and assessment rates therefor, and no later than November 15, the citv
19 clerk shall transmit a certified co�,v of said resolution to the county department of
20 prooertv taacation to be extended on the �roper tax list of the countv and collected the
21 followingyear alonQ with current taaces.
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� Appeal. Within twentv (20) days after adoption of the resolution adoptin� the service
chaz eg s, any�erson aggrieved may appeal to the district court in the manner set forth in
Chapter 14 of the City Charter.
Section 7
Section 34.08.6 is hereby deleted in its entirety.
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Secrion 8
Section 34.18 of the Saint Paul Legislative Code is hereby amended to read:
Sec. 34.18. Penalty for violation.
� Any person violating any provision of this chapter may be punished as provided by
section 1.05 of this Code.
� It shall be an affirmative defense to a misdemeanor prosecution of a lessor under this
chapter, which the lessor must prove b,}� a prenonderance of the evidence, that the
lessor:
a. Established a written lease provision that requires occupant(s) to follow the
provisions of state and local laws related to housine, building, and fire codes: and
b. Effectively communicated such a provision to occupant(sl: and
c. Took reasonable steps to discover the violations; and
d. Effectivel�enforced the lease provisions when violations were discovered.
� Nothin¢ in this section shall preclude an enforcement officer from seeking the
enforcement of provisions of this chapter in any court of competent �risdcition by anv
ap�ropriate form of civil action, includin sQ eekin te o enjoin anv continued violation and seeking
to compel obedience b i�g order to conect violations.
Section 9
T'his ordinance shall take effect and be in force thirty (30) days following passage,
approval and publicatio�.
Adopted by Council: Date No��.� Lz, aoo3
Adoption Certified by Council Secretaxy
�2aro3
Q�-�9d
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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MQ — Mayots Office
Contact Person & Phone:
Dennis Flaherty
266-8510
Must Be on Council Agenda by (Date):
����,t,at�. I Green Sheet NO: 3004051
12-AUG-03
� Deoartment Sent To Person
0 r' ff
Assign 1 or'sOffice De ar[mentDirector
Number 2 itvAttornev � I
For
Routing 3 or's O'H"ice Ma or/Assistant
Order 4 0��
5 ' Clerk Ci Clerk
Toiai # of Signature Pages _(dip NI Locations for Signature)
Action Requested:
Amend Code EnforcemenYs excessive consumpfion ordinance to allow for a gaduated fee structure, to allow for the assessment of
excessive consumption, and to provide property owners with an opportunity to appeal.
idations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Mswer the
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a ciry employee?
Yes No
3. Does ihis person/tirm 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):
Director Dawkins attempted to implement the 1996 ordinance, but was unable to do so for vazious reasons. However, the 2003
Minnesota Legislature provided the power of assessment.
Advantageslf Approved:
1. Make the 1996 ordinance enforceable.
2. Increase voluntary compliance with city codes.
3. Better serve the cixy's property taxpayers.
DisadvantageslfApproved:
None
Disativantages If Not Approvetl: �
Continued inability to enforce ordinance first adopted in 1996. Continued under-assessment of chronic violators at the expense of law-
abiding property owners.
Total Amount of
Transaction:
Funding Source:
Cosi/Revenue Budgeted:
ActivitV Number:
Financial Information: There aze no costs associated wi[h this legislation, but passage will result in an esUmated $SOQ000 in revenue.
(Explain)
c����`-�^�"" ""
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Presented By
Referred To
Committee Date :
An ordinance amending chapter 34 of
the Saint Paul Legislative Code to allow for
and excessive initial inspection fees to be coliected by special assessment.
Section
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
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Council File # �� �
Ordinance #
Green Sheet # �C� `�� �
Section 1
1 is hereby amended to read as follows:
Sec. 34.08.1. Council
The city council finds hat some property owners take little or no responsibility for the
e�cteriar maintenance of their p erty until the city, throagh its various inspecUons programs,
has repeatedly ardered them to rteriareftheirprapertq remedy violations of the
I.egislative Code. Such property owne create excessive costs far the city which aze over and
above the normal cost of providing inspe Yion services city-wide. Property owners who must
repeatedly be ardered to xbxte remed code uiolations on their property consume an unacceptable
and disproportionate share of limited city reso rces. Therefore, it is the intent of the city council,
by the adoption of sections 34.08.1 through 34. .65, to impose and collect the $-t�serfee-te
�e€i�xq costs associated with reins ections and the cessive consumption of city exteriar
inspection services. The collection of such costs for ertain ro erties shail be b assessment
Charter.
Section 2
Section 34.08.2 is hereby amended to read as follows:
Sec. 34.08.2. Definitions.
For the purpose of this chapter, the terms defined in this section shall ha�the meanings
ascribed to them:
Reinspection means that an enforcement officer has
an inspection of the premises based upon a complaint or othen
occasion to view the exierier �rex �remises and observed a violation of seeti
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1 thi�se3rxpter any provision of the St. Paul Legislative Code under the jurisdiction of the
2 de�artment of nei¢hborhood housinP and pronerty improvement issued � a
3 written notice of the violation�, and reinspected the premises to
4 determine compliance with the - aoaicincncoraci notice and found noncompliance.
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6 Excessive Initial Inspection means an inspection and observarion of a new violation by
7 an enforcement officer at a specific pronertv address after an enforcement officer has conducted
8 two �rior initial inspections within a twelve-month period and found violarions of the Saint Paul
9 Legislative Code under the jurisdiction of the department of neighbarhood housine and pro e�rtv
10 improvement, where the owner was notified in writine pursuant to 34.083.
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12 �ztz�zar Excessive inspection services fee means the fee to be imposed fore�teriar a
13 reinspection orpreper[q-arex excessive iniUal inspecrion -- -�--- '--"'' -- ---- --. The fee
14 shall include, but not be limited
15 to;; the prorata salaries of enforcement officers perfornung ea�ferier inspections of the subject
16 property,; the prorata cost of equipment, materials and all other overhead costs used during
17 inspection eqelerof the subject property, includine ownership searches and administrative and
18 clerical costs• and the costs of any medical treatment of enforcement officers injured as a result
19 of these inspections.
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Section 3
Section 34.083 is hereby amended to read as follows:
Sec. 34.08.3. Initial �terier inspection by enforcement officer.; written notice
27 (a) Written notice of violations. When an enforcement officer conducts an initial
28 inspection of a an-exter'ter p�p-�x premises and determines that violations of scccLVrr�vu
29 the provisions of the le�islative code under the iurisdiction of the department of neiQhborhood
30 housine and property improvement exist, the enforcement officer shall, in addition to any other
31 action the enforcement officer may undertake, serve written notice of the violation in
32 conformance with the requirements set forth in section 34.21 of this chapter.
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34 (b) Notice for collection of reinspection costs and excessive initial insnection costs. ff the
35 enforcement officer intends to coilect the cit�osts for reins�ections and excessive initial
36 inspections, then the written notice provided for in sections 34.08.3(a) and 34.21 must also:
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(1) state that if the violaUOns aze not conected within the time neriod or periods re uired
in the notice, the city's costs in conductin a reinsuection after the due date for compliance will
be collected from the owner or owners rather than beine paid bv the tax�ayers of the cityLand
(2) state that if additional new violations of the legislative code under the jurisdiction of
the department of neie�iborhood housine and propert�mprovement are discovered bK
enforcement officers within the next following 12 months, the city's costs in conducting anv
additional inspections at the same location within such 12 months will be collected from the
owner or owners rather than beingpaid bv the tas�ayers of the city; and
(31 state that such future costs will be collected by assessment aeainst the real prooert�
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4 Section 5
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6 Section 34.08.4 is hereby amended to read as follows:
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8 Sec. 34.08.4. Excessive consumption of �terier inspection services, fee and liability:;
9 Reinsuection fee and liabilitv.
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11 (a) The city shall be entitled to collect its costs of enforcement from a property owner who
12 consumes either reinspection services or excessive extEriar initial inspection services. An
13 excessive consumption of e�teriar reinsnections or excessive initial inspection
14 services occurs after:
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(1)
�2)
Written notice of a violation is served under section 34.083 following an initial
inspection; and
�hree-F3j One 1 additional e�cferiar initial inspection epe�es are is performed at
the same location within a consecutive twelve-month period after the first initial
inspection for which a notice of violation was served; and
(3) During each of the�hree-F3j two 2 a��iti�-exterier initial inspections eyeles
under subpazagraph (2), the enforcement officer finds violations of seetiair3�@�3
the Saint Paul L.e¢islative Code under the jurisdiction of the departrnent of
neiehborhood housin� and pronerty improvement, which are either new violations
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Written notice of a violation is served under section 34.083 followin� an initial
inspection: and
The enforcement officer conducts an ins�ection after the due date for com liance
on the notice and determines that the violation still exists.
(b) A�Yre fee of far .
. .fifty dollars ($50.001
may be chareed for the first initial inspection after the circumstances described under
section 34.08.4(a) subdivisions one (11 and two (2) and a fee of seventy five dollars
($75.00) mav be chareed for the second initial inspection after the circumstances
described under section 34.08.4(a) subdivisions one (1) and two (2) and a fee of one
hundred fifty dollars ($150.001 may be char�ed for each subsequent initial inspection
within a twelve month neriod after the circumstances described in section 34.08.4(a)
subdivisions one (1) and two (21.
� A fee of fifty dollazs ($50.00) may be charped for the first reinspection described in
34.08A(a) subdivisions four (4) and five (51. A fee of seventy five dollars ($75.00) may
be chareed for the second reinspection described in section 34.08.4(al subdivisions four
(4) and five (51. A fee of one hundred fiftv dollars ($150.001 may be charged for each
subsequent reinspection described in 34.08.4(al four (4) and five (51.
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2 � No fee under section 34.08.4(a) shail be chareed where the citv has issued a written
3 notice pursuant to section 34.083 but has abated the violation under section 45.10 or
4 45.11 of the Saint Paul Legislative Code and assessed the costs of such abatement under
5 section 45.11.1 of the Saint Paul Leeislarive Code.
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fdj� The amount of the excessive consumption of e�terier inspection services fee shall be a
debt owed to the city . and shall be collected bv
snecial assessment under the authoritv in Minnesota Statutes, Section 429.101 and the
Charter.
{ej�f Action under this section does not preclude any other civil or criminal enforcement
procedure.
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Section 6
Section 34.08.5 is amended to read as follows:
Sec. 34.08.5. Cost; collection.
(al Cost records. The enforcement officer shall keen a recard
of the costs for th�excessive consumption of exteriar
inspection services €ee, a€ the name and address of the owner, the dates of the inspections giving
rise to the excessive consumption of e�cieriar inspection services €ee, the observed violations of
the Saint Paul Legislative Code under the jurisdiction of the department of neiehborhood housing
an�roperty improvement�° "".^° -`-----', and the total amount of the costs for
excessive consumption of exteriar inspecUon services €ee to be collected a¢ainst a narticular
�ropertyc, and shall report such information to the director of financial services. �he
� Resolution approvin�total, settine date ofpublic hearing. On or before October 1
of each vear, the director of financial services or his or her designee shall notify the city
council of the total cost of such excessive inspection services performed during the previous
year and the nortion of such costs to be assessed a�ainst each lot and narcel of pronerty that
utilized excessive inspection services . Unon recei�t thereof, the council shall b�resolution fix a
date for public hearinQ at which time the council shall consider adontine and levying the service
charges. The date of public hearine shall be at least twenty (20) days after ado�Uon of said
resolution.
� Notice of council hearinz. Followine the adoption of the resolution vrovided in paza��
(bl above, the director of financial services shall publish a notice of the hearing in a daily
newspaper of the citv at least five (5) da�s prior to the public hearing. The notice shal]
state the date, time and place of hearin ,� the purpose of the hearine, identifv the services
provided and the �ropertv to be assessed a service char�e therefor, and shall state the
proposed rates of service charees to be considered by the council.
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� Notice to owner and interested Darties. At least ten (101 days before the hearin , notice
thereof shall be mailed by first class mail to the owner and any interested partyknown to
the citv, at his or her last known address. Such notice sha11 also inform the recipient of the
notice (il of the procedures he or she must follow under the charter in order to ap en al the
assessments to the district court, and (iil of the �rovisions of Minnesota Statutes, sections
435.193 to 435195 and the existence of any deferment procedure established pursuant
thereto.
� Public hearine: adoption of assessment roll. On the date of public hearing the council
shall meet to consider the adoption of the pronosed service charees. The councii shall
heaz all interested parties concerning the �roposed chazges. At such meering or at any
adjournment thereo£ the council mav amend the pr000sed service chazees, and shall, bv
resolution, adopt the service chazees as a special assessment aeainst the �roperties which
utilized excessive insnection services. Special assessments levied hereunder shali be
�ayable in a single installment.
�f Certification to countyfor collection with taxes. After ado hn �on bv resolution of the
service charees and assessment rates therefor, and no later than November 15, the city
clerk shall transmit a certified coQy of said resolution to the count �}_department of
�ro e�rtv taxation to be extended on the �roner tas list of the countv and collected the
followin�vear along with current tases.
� Appeal. Within twentv (20) days after adoption of the resolution adoptine the service
charees, any person agerieved mav appeal to the district court in the manner set forth in
Chapter 14 of the Citv Charter.
Section 7
Section 34.08.6 is hereby deleted in its entirety.
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Secrion 8
This ordinance shall take effect and be in force thirty (30) days following passage,
approval and publication.
Requested by Department of:
Adoption Certified by Council Secretary
By:
AppTOVed by MayOr: Date
By:
By:
Form Approved by City Attorney
gy l�
Approved •layor for Submissi n to Council
Bl' �
Adopted by Council: Date
Council File # y�,��'`�
Ordinance #
Green Sheet # ��
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
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Committee Date :
An ordinance amending chapter 34 of
the Saint Paul I.egislative Code to allow for
reinspection and excessive initial inspection fees to be collected by special assessment.
Section 1
Section 34.08.1 is hereby amended to read as foilows:
Sec. 34.08.1. Council findings.
The city council finds that some property owners take little or no responsibility for the
e�rterier maintenance of their property until the city, through its various inspections programs,
has repeatediy ordered them to remed�violations of the
c�:��' - -- ' -`--' - --- -'- ' ".^° -` °- - the propertv maintenance chapters of the Saint Paul
Le�islative Code. Such property owners create excessive costs for the city which aze over and
above the normal cost of providing inspection services city-wide. Property owners who must
repeatedly be ordered to gbxte remedy code violauons on their property consume an unacceptable
and disproportionate share of limited city resources. Therefore, it is the intent of the city council,
by the adoption of sections 34.08.1 through 34.08.65 to impose and collect the x-user€eefie
de€raq costs associated with reinspections and the excessive consumption of city e�ferier
inspection services. The collection of such costs for certain pronerties shall be by assessment
aeainst the real propertv requiring such excessive insoection or reinspection services, pursuant to
Minnesota Statutes, Section 429.101, which authorizes the council to provide for reinspection
fees to be collected b�special assessment and allows cities to collect the costs associated with
removal or elimination of nublic health or safetv hazards and Chapter 14 of the Saint Paul City
Charter.
Section 2
Section 34.08.2 is hereby amended to read as follows:
Sec. 34.08.2. Definitions.
For the purpose of this chapter, the terms defined in this section shall have the meanings
ascribed to them:
Reinspection means that an enforcement officer has conducted
an inspection of the premises based upon a complaint or otherwise had
occasion to view the earterier �ex premises and observed a violation of �
1 �iris-e�rapter any provision of the St. Paul Legislative Code under the jurisdiction of the
2 department of nei¢hborhood housing and pro�eAt�provement issued an�cderte-xbxte a
3 written notice of the violation�, and reinspected the premises to
4 deternune compliance with the aba#emerc�erder norice and found noncompliance.
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Excessive Initial Inspection means an inspection and observation of a new violation by
an enforcement officer at a specific pronertv address after an enforcement officer has conducted
two nrior initial inspections within a twelve-month period and found violations of the Saint Paui
I.egislative Code under the jurisdiction of the department of nei¢hborhood housine and property
im�rovement, where the owner was notified in writin� pursuant to 34.08.3.
�'xt�risr Excessive inspection services fee means the fee to be imposed fore�rteriar a
reinsnection or prapextq-xrex excessive initial inspection .___- ___._ '_._____.� _.___ _.__-- _.. The fee
sha11 include, but not be limited to,
the prorata salaries of enforcement officers perfornung e�erier inspections of the subject
property, the prorata cost of equipment, materials and all other overhead costs used during
inspection eyelesof the subject property, and the costs of any medical treatment of enforcement
officers injured as a result of these inspections.
Section 3
Section 34.08.3 is hereby amended to read as follows:
Sec. 34.08.3. Initial �afi�riar inspection by enforcement officer.: written notice
(al Written notice of violations. When an enforcement officer conducts an initial
inspection of a�r�eriar � vremises and deternunes that violations of ��
the provisions of the leeislative code under the jurisdiction of the department of neiehborhood
housing and �ropert�provement exist, the enforcement officer shall, in addition to any other
action the enforcement officer may undertake, serve written notice of the violation in
conformance with the requirements set forth in secUOn 34.21 of this chapter.
(b) Notice for collection of reinspection costs and excessive initial ins�ection costs. ff the
enforcement officer intends to collect the citv costs for reinspections and excessive initial
ins�ections, then the written notice provided for in sections 34.083(a) and 34.21 must also:
(11 state that if the violations are not corrected within the time period or periods required
in the notice. the city's costs in conductin ag reinspection after the due date for compliance will
be collected from the owner or owners rather than being.paid by the tax�avers of the city; and
(2) state that if additional new violations of the le�islative code under the jurisdiction of
the department of neiehborhood housine and �roperty improvement are discovered bk
enforcement officers within the next followin�l2 months, the city's costs in conductin�y
additional inspections at the same location within such 12 months will be collected from the
owner or owners rather than beine paid by the tac�avers of the city; and
(31 state that such future costs will be collected bv assessment aeainst the real pronert�
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Section 5
Section 34.08.4 is hereby amended to read as follows:
Sec. 34.08.4. Excessive consumption of �terier inspection services, fee and liability:;
Reinspection fee and liabilitv.
(a) The city shall be entitled to collect its costs of enforcement from a property owner who
consumes either reinspection services or excessive exterier initial inspection services. An
excessive consumption of exteriar either rein�ections or excessive initial inspection
services occurs after:
(1)
(2)
Written notice of a violation is served under section 34.08.3 following an initial
inspection; and
3'hree-E3j One 1 additional e�rterier initial inspection eqeles are is performed at
the same location within a consecutive twelve-month period after the first initial
inspection for which a notice of violation was served; and
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(3) During each of the�hree-(3j two 2 a���iar initial inspections ep�e�es
under subpazagraph (2), the enforcement officer finds violations of s�etiarr3�683
the Saint Paul LeQislative Code under the jurisdiction of the department of
neiehborhood housing and property improvement, which are erther new violations
; or
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Written notice of a violation is served under section 34.08.3 followine an initial
insvection; and
The enforcement officer conducts an insnection after the due date for compliance
on the notice and determines that the violation stili exists.
(b) A�re fee of €er .
. . ifty dollus ($50.00)
may be chareed for the first initial inspection after the circumstances described under
section 34.08.4(a) subdivisions one (11 and two (21 and a fee of seventv five dollars
($75.00) may be char¢ed for the second initial insnection after the circumstances
described under section 34.08.4(a) subdivisions one (11 and two (21 and a fee of one
hundred fifty dollars ($150.001 mav be chareed for each subsequent initial ins ection
within a twelve month period after the circumstances described in section 34.08.4(a)
subdivisions one (11 and two (2).
� A fee of fiftv dollars ($50.001 mav be charged for the first reinsnection described in
34.08.4(a) subdivisions four (4) and five (5). A fee of seventy five dollars ($75.00) may
be chareed far the second reins�ection described in section 34.08.4(a) subdivisions four
(4) and five (51. A fee of one hundred fiftv dollazs ($150.001 may be char�d for each
subsequent reins�ection described in 34.08.4(a) four (4) and five (51.
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� No fee under section 34.08.4(a) shall be chareed where the city has issued a written
notice pursuant to section 34.08.3 but has abated the violation under section 45.10 or
45_ll of the Saint Paul Legislative Code and assessed the costs of such abatement under
section 45.111 of the Saint Paul Lepaslative Code.
{dj� The amount of the excessive consumption of exterier inspection services fee shall be a
debt owed to the city . and shall be collected bv
�ecial assessment under the authoritv in Minnesota Statutes, Section 429.101 and the
Charter.
{ej�f Action under this section does not preclude any other civii or criminal enforcement
procedure.
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Secuon 6
Section 34.08.5 is amended to read as follows:
Sec. 34.08.5. Cost; collection.
(al Cost records. The enforcement officer sha11 keep a record
of the costs for tke-excessive consumption of e�terier
inspection services €ee, ef the name and address of the owner, the dates of the inspections giving
zise to the excessive consumption of exferiar inspection services €ee, the observed violations of
the Saint Paul Leeislative Code under the jurisdiction of the department of nei¢hborhood housing
and prooerty improvement . , and the total amount of the costs far
excessive consumption of e�teriar inspection services €ee to be collected a aig nst a particular
�ropertyr, and shall report such information to the director of financial services. �h�n-e€
� Resolution approving total, settine date of pubZic hearing. On or before October 1
of each yeaz, the director of financial services or his or her designee shall notify the city
council of the total cost of such excessive insnection services performed durine the previous
vear and the portion of such costs to be assessed aQainst each lot and parcel of rooert�that
utilized excessive inspection services . Upon receipt thereof, the council shali by resolurion fix a
date far public hearing at which time the council shall consider adopting and levying the service
charges. The date of public hearine shali be at least twentv f20) days after adoption of said
resolution.
� Notice of council hearine. Followin¢ the adoption of the resolution provided in paragraph
(bl above, the director of financial services shall qublish a notice of the hearin�in a daily
newspaper of the citv at least five (51 days prior to the public hearin�. The notice shall
state the date, time and place of hearin ,e the puroose of the hearing,_identifv the services
provided and the property to be assessed a service charge therefor, and shall state the
proposed rates of service charQes to be considered by the council.
� Notice to owner and interested parties. At least ten (101 days befare the hearine, notice
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thereof shall be mailed bv first class mail to the owner and anv interested partv known to
the citv, at his or her last known address. Such notice shall also inform the recinient of the
notice (i) of the procedures he or she must follow under the charter in order to appeal the
assessments to the district court, and (iil of the urovisions of Minnesota Statutes, sections
435.193 to 435.195 and the existence of anv deferment procedure established pursuant
thereto.
� Public hearinQ: adoption of assessment roll. On the date of public hearin� the council
shall meet to consider the adoption of the �posed service charges. The council shall
hear all interested �arties concerning the proposed charees. At such meetin� or at any
adjoumment thereof, the council mav amend the proposed service charees, and shall, bv
resolution, adopt the service chaz¢es as a svecial assessment a�ainst the properties which
utilized excessive inspection services. Special assessments levied hereunder shail be
�a,vable in a sin�le installment.
�t Certification to countv for collection with taxes. After adoption bv resolution of the
service charees and assessment rates therefor, and no later than November 15, the citv
clerk shall transmit a certified copy of said resolution to the county department of
propertv tacation to be extended on the proper tas list of the countv and collected the
followine year alone with current taxes.
� Appeal. Within twenty (20) days after adoption of the resolution adoptin¢ the service
charees, any�erson agerieved ma�apneal to the district court in the manner set forth in
Chanter 14 of the Citv Charter.
SecUOn 7
Section 34.08.6 is hereby deleted in its entirety.
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Section 8
This ordinance shall take effect and be in force thirty (30) days following passage,
approval and publication.
03'`6`�
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested �y De. partment of:
B 1 L�UrI
� V' (1 / ,-/—
By: � ���a��
Form Approved by City At r ,
gy: �.
Approved b yor for Submission t Council
By:
Adopted by Council: Date