05-1095Council File # ' �C�
Green Sheet # 3�a.��S
ORDINANCE
OF
Presented
NT PAUL, MINNESOTA
3/
Referred To � Committee Date
1 An ordinance amending Leg. Code § 33.03(fl increasing the
2 amount of the performance deposit required to obtain permits
3 to work on dangerous structures, nuisance buildings and
4 vacant buildings and adding new sections providing for
5 granting additional time to restore property to a habitable
6 condirion under certain circumstances.
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7 Legislative Statement of Need: This legislative statement of need to amend Leg. Code § 33.03(fl is
s provided for the purpose of stating the need to increase the sum of money held by the City when work is
9 performed on structures and buildings that, as determined by City code enforcement officials, may be
lo dangerous, or a nuisance, or vacant. The Council finds that there exists a need to increase the fee collected
11 for such structures and buildings, from the present sum of two thousand dollazs ($2,000.00) established in
1z 1988 under Council File No. 88-1401, to the new sum of five thousand dollars ($5,000.00). The Council
13 finds that since the two thousand dollar sum was first established in 1988, the vazious costs to remedy code
14 violations, or secure a vacant building, or perform a substantial abatement pursuant to Leg. Code § 45.11
15 haue increased. The Council finds therefore that it is necessary to increase the sum of money deposited, or
16 the amount of a performance bond posted in lieu thereof, to help defray the increase in any costs incurred
17 by the City associated with work done on dangerous, or nuisance or vacant building and stnxctures. The
18 Council fiirther states that this legislative statement shall not be incorporated into any codification of this
19 amendment but shall be incorporated into any published "proceedings" of the City Council.
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
23 Section 1. That the Saint Paul Legislative Code Chapter 33, section 33.03 be amended to read as follows:
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CfiAPTER 33. BUII.DING CODE AND INSPECTION ,�)� ��'�
25 Section 33.03 Permits--When required. (,� ��j �
26 (a) BuiZding and general construction. No person shall construct, enlarge, alter, repair, move, demolish or
27 change the occupancy of a building or structure without first obtaining a building permit from the
An ordinance concerning City Council approval of increasing the performance deposit required to obtain permits to
work on dangerous structures, nuisance buildings and vacant buildings.
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1 building o�cial. Permits for building or general construction are not required for repairs for
Z maintenance only or for minor alterations provided they aze not required under the Minnesota State
3 Building Code, this chapter or other pertinent provisions of the Saint Paul Legislarive Code, and
4 provided the cost of such repairs and minor alterations does not exceed the present mazket value of five
5 hundred dollars ($500.00).
6 (b) Plumbing. No person shall install, remove, alter, repair, or replace or cause to be installed, removed,
7 altered, repaired or replaced any plumbing, gas or drainage piping work, standpipe system, sprinkler
8 system, or any fixture or water heating or treating equipment in a building or premises without first
9 obtaining a permit to do such work from the building official. A sepazate permit shall be obtained for
10 each building or structure.
1 I (c) Mechanical. No person shall install, alter, reconstruct, or repair any heating ventilating, cooling,
12 refrigeration equipment or process piping and/or equipment without first obtaining a permit to do such
13 work from the building official. A separate permit shall be obtained for the equipment installed in each
14 building or structure.
15 (d) Electrical. No person shall perform any new electrical installation in any conshuction, remodeling,
16 replacement or repair, except minor repair work as defined by the state board of electricity, without
17 first obtaining a permit to do such work from the building official. A sepazate permit shall be obtained
18 for each building or structure.
19 (e)
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Work to be done by permittee only:
(1) A permittee issued a permit pursuant to this chapter shall be responsible for all work done
under said permit.
22 (2) Business required to be licensed pursuant to Chapter 369 of the Legislative Code: No one other
2� than the permittee or an employee under the direct supervision and control of the permittee or a
24 qualified subcontractor licensed pursuant to chapter 369 of the Legislative Code shall work or
25 cause any work to be done under said permit.
26 ( fl Work done on dangerous structures, nuisance buildings and vacant buildings.
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� No persons shall be issued a permit pursuant to this chapter, excluding a demolition permit, for
any building determined to be a dangerous shucture under Chapter 43 or nuisance building
under Chapter 45 of the Saint Paul Legislative Code, or a vacant building as defined under
section 43 A2(7)(c), (d), (e) or ( fl without first filing for and receiving a certificate of code
compliance inspection under section 33.06 or filing for and receiving a certificate of occupancy
inspection under this chapter. Any application for a permit issued under this chapter, with the
exception of a demolition permit, for work to be done on a building determined to be a
dangerous structure or nuisance building must be accompanied by a deposit of ` `,wo-ci�vci�ia
�96666j five thousand dollars ($5,000.001. Such monies shall be deposited with the
o�ce of license, inspections and environmental protection to be held at an interest rate to be
established by that department until such time as the monies aze refunded to the permittee or
forfeited to the city under the provisions of this secfion. In lieu of the five thousand dollar
($5,000.001 deposit, a nerformance bond in the same amount runnine in favor of the city may
be submitted with the aunlication for the perxnit
41 � Except as otherwise specified in this section, a certificate of compiiance under section 33.06 or
4z a certificate of occupancy under section 33.05 must be obtained within six (6) months from the
43 date of the original certificate of compliance or certificate of occupancy inspection. One (1)
44 six-month time extension beyond the initial six-month time limitation may be requested by the
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1 owner and wili be considered by the building official if it can be shown that the code
2 compliance work is proceeding expeditiously and is more than fifty (50) percent complete or if
3 unforseen conditions have had significant schedule impact on the completion of work.
4 The provisions for completion of rehabilitarion within siac (6) months and the siz-month
5 extension apply only to properLy not presently subject to any orders issued to the property
6 pursuant to Chapter 43 or 45 of the Saint Paul Legislative Code by either the division of
7 property code enforcement, the department of fire and safeTy services or the city council.
8 Notwithstanding the time limitation established under this section, the city council reserves the
9 right to shorten the time period for completion of the rehabilitation through any order or
10 resolution issued pursuant to Chapter 43 and sections 45.10 and 45.11 of this Code.
11 In the event the building is restored to habitable condirion and a certificate of compliance
12 and/or certificate of occupancy is obtained within the time limits set out herein, the twe
13 , . five thousand dollars ($5,000.001 is elieible to shx}} be refunded
14 with interest by the o�ce of license, inspections and environmental protection.
15 � If a certificate of compliance or certificate of occupancy is not issued within the time period
16 authorized pursuant to this section, all monies deposited w'rl� ma be forfeited without refund
17 to the ciTy and the city may proceed with a substantial abatement action under the provisions of
18 Chapter 45 of this Code.
19 � If the city council determines that it is in the nublic interest to erant additional time to complete
20 the rehabilitation of the buildine(sl to habitable condition it mav bv resolution arant an
21 additional six (6) months for the prouertv to be restored to habitable condition. One (11 six-
22 month time extension bevond this time limitafion may be requested by the owner and will be
23 considered bv the buildins official if it can be shown that the code comnliance work is
24 proceedine exneditiousl�and is more than fiftv (501 percent complete or if unforseen
25 conditions have had sienificant schedule imnact on the completion of work.
26 If the initial five thousand dollars ($5,000.00) de osD lt Or perforxnance bond has been forfeited
27 for lack of nroaress. the citv council reserves the rieht to increase the amount of the required
28 deposit or performance bond to conrinue work on the daneerous shucture, nuisance or vacant
29 building to ten thousand dollars ($10,000.001; the uurpose of said bond shall be to off-set
30 votential cit�nenses associated with abatine nuisance conditions.
31 � No building subject to the restrictions of this section sk�a11 be used for occupancy until such
32 time as the certificate of compliance and/or certificate of occupancy relating to that building
33 has been issued. Rehabilitation undertaken by the depariment of planning and economic
34 development shall be exempt from the requirement for a cash deposit.
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37 (g) Grading. No person shall perform any filling or excavating activity on a properry unless such activity is
38 in accordance with the provisions of Appendix Chapter K(Grading) of the 2002 Supplement to the
39 2000 International Building Code and the requirements herein.
40 (1) Except as provided in the Ramsey County Solid Waste Ordinance, only clean fill may be
41 deposited as fill material on the property.
42 (2) Grading activities in excess of ten thousand (10,000) square feet shall be in accordance with
43 section 62.108(13) of the Saint Paul Legislative Code.
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1 (3) The properry owner and permittee shall be responsible for the grading on site. � tu ��
2 (4) Erosion and sediment conhol installation shall be set forth in the Ramsey County Erosion and
3 Sediment Control Handbook. The property owner and permittee shall be responsible for
4 maintaining any required erosion and sediment control installations. This maintenance
5 requirement shall also include sediment laden runoff onto adjacent properties or public ways.
6 (h) Posting. The building or general construction permit shall be posted on the premises in a conspicuous
7 location such that the information on the permit can be read from the outside of the premises.
8 Section 2.
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This ordinance shall take effect and be in force thirry (30) days following its passage, approval and
publication. � ���
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Benanav
B ostrom
Harris
Helgen
Lantry
Montgomery
Thune
Adopted by Council:
Adop
By:
Appr<
By:
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Date ��-���'r a �
Requested by Department of:
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by City
by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Confact Person & Phone:
Marctia Mcertnontl
ContractType:
OR-0ImRJANCE
o� m��a: �5-/09S'
,�-��� Green Sheet NO: 3028858
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Assign
by(Date): Number
For
Routing
Ortler
Decarhrent SentToPerson IniliaVDate
0 aeoril
1 aenril r[ment Direcfnr
2 le cit Clerk
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4
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Total # of Signalure Pages _(Clip NI Locafions for Signature)
Action Requested:
An ordinance amending Section 33.03( fl of the Saint Paul Legislative Code increasing the amount of the perfocmance deposit required
to obtain permits to work on dangerous strudises, nuisance buildings and vacant buildings.
Recommenda[ions: App�o�e (A) or R
Planning Canmission
CIB Committee
_. CiHi SeMCe Commission
Personal Service Contracts MustMSwerthe Following Uuestions:
1. Has this persorJfirtn e�er worked under a contract Tor this departmeM?
Yes No
2. Has this persoNfirtn e�er been a ctty employee?
Yes No
3. Does this person/firm possess a skill not nmmally possessetl by any
cufrerR city empioyce?
Yes No
E�cplain all yes answers on separate sheet and atfach to green sheet
Initiating Problem, issues, Opportunily (IAlho, What, When, Where, Why):
Advanfages H Approved:
DisadvanWges IFApproved:
Disadvanfages B Not Approved:
lotal Amount ot
Transaction:
Funtling Source:
Financial Information:
(Explain)
November 18, 2005 8:10 AM
CosURevenue 8udgeted:
Activily Number:
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