05-1096Council File #[� _ ( C�(o
Green Sheet # ' o�a�$�1 1
ORDINANCE
MINNESOTA
2 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
3 Section 1. That the Saint Paul Administrative Code Chapter 51, shall be amended to read as follows:
4 CHAPTER 51. DWELLING UNIT REGISTRATION.
5 Section 51.01. Rental dwelling unit registrarion certificate--Requirement.
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6 Unless an owner has applied for and received a registrarion certificate under section 51.03, no rental dwelling unit in
7 any one- or two-family rental dwelling of Group R-3 occupancy shall be used or occupied after October 1, 1999,
8 until the d'uector has issued a rental dwelling unit registration certificate under section 51.03. It shall be a
9 misdemeanor to rent or lease, or permit the occupancy of a rentai dwelling unit which does not have a rental
10 dwelling unit registration certificate. Rental regish is not required on dwellings which are homesteaded and
11 owner occupied.' ��*_,�-� �;-ks
12 Section 51.02. DeSnitions.
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13 Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings
14 indicated in this section.
15 (a) "Dwelling" is any one- or two-family dwelling which is not owner-occupied and homesteaded, and includes
16 both the building or structure and the land upon which it is located, as well as accessory use structures. The
17 term "dwelling" also includes any multifamily residential building or structure which (i) is not required to
18 have a certificate of occupancy under Chapter 33 of the Legislative Code, and (ii) is not exempt under
19 section 51.10 of the Legislative Code.
20 (b) "Director" is the director of the department of neighborhood housing and properiy improvement, and his or
21 her designee or desigiees, and shall include any enforcement officer under his or her supervision or
22 direction, or other duly authorized representative.
23 (c) "Family" is one (1) or two (2) persons or parents, with their direct lineal descendants and adopted or legally
24 cared for children together with not more than two (2) persons not so related, living together in the whole or
25 part of a dwelling comprising a single housekeeping unit.
26 (d)
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28 (e)
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"Owner" is the person, firm, corporation or other enrity 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.
"Authorized agenY' is individual(s) with legal authority and capable of executing documents for the sale of
the dwelling(s) and authority over the proceeds of such sale.
The "recorder's office" is the Ramsey County Department of Property Records and Tazation, or its division
which maintains title and property records, and any successor agency or department thereof.
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1 An ordinance concerning city council approval of rental registrafion revocation requirements.
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1 (g) "Rental dwelling uniY' is any room or rooms, or space, in any dwelling designed or used for residential
2 occupancy by one (1) or more persons who are not the owner or a member of the owner's family.
3 (h) "Residential occupancy" is occupancy in a building or portion thereof, for residential purposes, used or
4 intended to be used for living, sleeping, and cooking or eating purposes.
5 (i) "Safety code" or "safety codes" include any fire, housing, health, safeTy or other similar code, law and
6 ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and
7 the City of Saint Paul, or any lawful agency or depaztment thereof, which aze applicable to a dweiling in
8 such city. SafeTy code includes, without any limitation of the foregoing sentence as a result of this
9 specification, the provisions of Chapters 33, 34, 43, 45, 49, 55, 56 and 58 of the Legislative Code.
10 Secfion 51.03. Rental dwelling unit registration certificate.
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(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 occupancy of such unit after October
1, 1999, shall make a written application to the director, on an approved form furnished by the same, for a
rental dwelling 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:
17 (i)
18 (ii)
19 (iii)
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A description of the premises;
The name, address and telephone numbers of the owner or owners; and
The name, address and telephone number of the refuse removal person or company which supplies
refuse removal services for the rental dwelling unit.
21 (b) Reserved.
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(c) Issuance. The director shall issue a certificate to the owner of the rental dwelling unit who has submitted a
complete application and paid the applicable fees. The director shall have discretion in the issuance of a
certificate when an applicanUowner is applying for a certificate where the previous certificate has been
denied, suspended, or revoked on the subject rental dwelling unit. 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 is subject to inspection under secrion 51.07, and to suspension,
revocation or denial as provided in section 51.06.
29 (d) Issuance after code compliance certificate. Notwithstanding any other provision to the contrary, the director
30 shall issue a rental dwelling unit registration certificate for a building or structure which has been registered
31 as a vacant building under chapter 43 of the Legislative Code and then has upon inspection received a
32 certificate of code compliance under section 33.06 of the Legislative Code within the previous twelve-
33 month period.
34 (e) Smoke detectors required. No certificate shall be issued unless each such rental dwelling unit has a proper,
35 adequate and operable smoke detector.
36 Section 51.04. Reserved.
37 Section 51.05. Reserved.
38 Section 51.06. Suspension, revocation and denial.
39 (a) Grounds for revocation. The director may, in writing, issue a notice to the owner or owners of the city's
40 intent to suspend or revoke a rental dwelling unit registration certificate or deny an application therefor:
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1 (i) Whenever the certificate was issued in error or on the basis of incorrect information supplied;
2 (ii) When it is determined by the d'uector that the dwelling unit constitutes a nuisance as described in
3 section 45.03 of the Saint Paul Legislative Code or the director determines the buildine or structure
4 or nortion thereof may constitute a nuisance as described in Mutnesota Statutes 617 81 subdivision
5 2� or is in violation of any ordinance or regulation or any provision of the Saint Paul Legislative ar
6 �e-Codes;
7 (iii) When the owner has submitted a false, incomplete or inaccurate statement as part of the application
8 for a certificate;
9 (iv) If the owner has failed or refused to pay fees to the ciTy for inspections or certificates;
10 (v) If it is determined that an applicant/owner is applying for a certificate which has been previously
I 1 denied, or is currently suspended, or revoked on the subject rental dwelling unit and is not in
12 compliance with all the conditions and regulations as set forth in the ordinances herein.
13 (vi) If the dwelling meets the threshold for excessive consumption of city services under either chapter
14 34 or chapter 267 and an enforcement ofFicer inspects or observes a new violation of the Saint Paul
15 Legislative Code or a failure to correct a prior violation; or if the owner has failed to pay fees due
16 under ordinances relating to the excessive consumption of police and/or inspection services;
17 (vii)
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22 (b)
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(viii)
(ix)
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;
If the owner, in a material matter, fails to comply with the regulations in section 51.08; or
If the building or structure containing a rental dwelling unit covered in this chapter 51 becomes or is
a vacant building as defined in section 43.02 of the Legislative Code.
Notice of intent to suspend, revoke or deny. The notice shall state:
(1)
�2)
(3)
The specific reason(s) for the city's intent to suspend, revoke or deny; and
That the director has referred the matter to the city council with a recommendation to revoke,
suspend or deny; and
That the city council will revoke, suspend or deny unless the owner or owners appeal the notice
within ten (10) days in the manner provided in chapter 18 of the legislative code; and
28 (4) That after the ciTy council's decision to revoke, suspend or deny the rental dwelling certificate, the
29 rental dwelling unit for which it was issued shall not again be used or occupied as a rental dwelling
30 unit or for residential occupancy until such time as the said certificate is issued or renewed
31 following inspection and a determination by the director that the said rental dwelling unit is in
32 compliance with applicable codes under the jurisdiction of the director; and
33 (5) How an appeal may be filed under chapter 18 of the legislative code.
34 (c) The notice shall be served by first class mail to the owner or owners.
35 (d) Renewal required upon revocation. If a rental dwe(ling unit registration certificate is suspended, revoked, or
36 denied the rental dwelling unit for which it was issued shall not again be used or occupied as a rental
37 dwelling unit or for residential occupancy until such time as the said certificate is renewed following
38 inspection and a determination by the director that the said rental dwelling unit is in compliance with
39 applicable safety codes.
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1 � Renewal unon second revocation. If a rental dwelline unit reeistration certificate is susnended revoked or
2 denied for a second time within a two-veaz time neriod under the same ownership the rental dwelline unit
3 for which it was issued shall not aeain be used or occunied as a rental dwelline unit or for residential
4 occupancv until such time as the followin2 has occurred.
5 � the director has determined that the said rental dwellin� unit is in comnliance with annlicable safetv
6 codes
7 ii a$2.000 oerformance denosit or bond has been nosted with the city: the ntimose of said bond shall
8 be to off-set potential citv exnenses associated with abating nuisance conditions at this orooertv and
9 shall be remrned to owner upon comnletion of two Years with no Legislative Code violations
10 reauirin¢ city abatement: and
11 iii if either of the precedinQ two revocations within the two-vear time period were based on criminal or
12 nuisance conduct of the occunants, the director mav require that a reoutable tenant screenine agency
13 be used that the landlord adhere to the euidelines and advice required bv the nolice denarYtnent
14 and code enforcement officials, that the leases used for rental dwellines inciude nrovisions allowinQ
15 for the immediate eviction of tenants or their euests eneaQed in criminal or nuisance activiTy• and
16 that the owner or pronertv manaeer attend a renutable landiord trainine.
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f� Renewal uoon third revocation. If a rental dwelline unit registration certificate is susnended revoked or
denied for a third time within a three-vear time period under the same ownership, the rental dwelline unit for
which it was issued shall not aeain be used or occunied as a rental dwelline unit or for residential occupancv
until a nuisance abatement plan is developed bv the propertv owner. reviewed bv the Leeislative HearinP
Officer and a�proved by the Citu Council If a nuisance abatement plan is not developed and aooroved the
rental dwelline unit for which it was issued shall not aeain be used or occu�ied as a rental dwelling unit or
for residential occupancy for a neriod of six months.
Section 51.07. Inspections.
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Inspection criteria. The director may inspect any rental dwelling unit if it falls within one (1) or more of the
following criteria:
(i)
(ii)
(iii)
(iv)
(v)
Such unit has been abandoned by the owner, or the owner of such unit cannot be found;
The rental dwelling unit registration certificate has been suspended, revoked or denied;
An excessive consumption of exterior inspection services fee has been imposed or billed as a result
of enforcement activity under either chapter 34 or chapter 267;
Water, gas or electric service to such unit has been discontinued as a result of nonpayment for more
than thirry (30) continuous days;
The unit is on a pazcel of land which is on the list of delinquent t�es filed by the county auditor
with the court administrator of the dish court pursuant to Minn. Stat. § 279.05;
35 (vi) The unit or the property within which the unit is located has, within the preceding three (3) months,
36 been the subject of a written petition filed with the office of city clerk by any district council, which
37 petition requests that such unit be inspected and is signed by five (5) or more persons having
38 personal knowledge of the unit or property, stating one (1) or more reasons why such unit should be
39 inspected by the city;
40 (vii) The director has probable cause to believe that there exists within such unit one (1) or more
41 violations of safety codes which constitute a serious danger to the health, safety and welfaze of
42 persons living in such unit, or which would make the unit or strvcture in which the unit was located
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1 a dangerous structure or unfit for human habitation under sections 34.22 and 3423 of the
2 Legislative Code; or
� (viii) The unit or the properry within which the unit is located has, within the preceding six (6) months,
4 received a renewal certificate based upon a suspension or revocation.
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The unit or the nro�erlv is the subject of a pendin¢ notice of the citds intent to susnend or revoke
the certificate of reeistration.
7 (b) Notice of inspection power. The d'uector is hereby authorized, in conformity with this chapter 51, to inspect
8 all rental dwelling units to enforce this chapter and all applicable safety codes.
9 (c) Scope of inspection. The director is authorized, in conformity with this chapter 51, to inspect all rental
10 dwelling units in dwellings, whether having a registration certificate hereunder or not. The inspecrion may
11 include the building or structure containing the rental dwelling unit, the land upon which it is located and
12 accessory uses or structures related to the rentai dwelling unit. All inspections authorized by this chapter 51
13 shall be limited to those which are done for the purpose of seeking compliance with applicable safety codes,
14 and shall take place only at reasonable hours or as may otherwise be agreed upon by the owner and the
15 d'uector.
16 (d) Notice of violations. The director shall give notice to the owner of any violations of the applicable safety
17 codes which are discovered during any inspection.
18 Section 51.08. Regulations.
19 (a) Notice by owner. The owner of a rental dwelling unit for which a rental dwelling unit registration certificate
20 has been issued is under a continuing obligation to give written notice to the director of any changes in the
21 information supplied as part of the application for the certificate. This includes any changes or
22 modifications of ownership of the said unit, and conversions of the said unit either to a nonrental use or to a
23 nonresidential use.
24 (b) New owner. A new owner of a rental dwelling unit shall file with the director a written application for a new
25 certificate under section 51.03 if such dwelling unit is still being used or occupied under an existing
26 certificate. Such application shall be filed within thirty (30) days after such new owner acquires an interest
27 in the rental dwelling unit whether or not such interest has been recorded.
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(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.
Section 51.09. Fees.
(a) Certificate 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 thirty dollars ($30.00) for a rental dwelling unit in
a single-family dwelling, and fifty dollazs ($50.00) for a two-unit rental dwelling.
(b) Annual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of twenty dollars
($20.00) for a single-unit rental dwelling and forty dollars ($40.00) for a two-unit rental dwelling,
commencing on January 1, 2001, and payable each year thereafter. Beg_uuiing Mazch 1. 2006, annual
renewal �avments shall be due on Mazch 1�` of each vear. Pauments made after the Mazch 1�` deadline shall
be as follows: fortv dollazs ($40.001 for single-unit rental dwellines and eiehtv dollars ($80.001 for a two-
unit rental dwelline. The owner remains obligated to pay such fee during ownership of the rental dwelling
unit, and shall pay any delinquencies therein before transferring all or any part of the ownership of said unit.
Notwithstanding the foregoing, a new owner making application for a certificate is obligated, and shall be
required, to pay all such current and delinquent annual fees with the application.
G\Uaeas44SARC[AMMyaitkemcd ieg ocd dsaft 3 wpd
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1 (c) No fee - new buildings. There shall be no fee chazged for the issuance of a rental dwelling unit registration
2 certificate for new dwellings at the completion of their conshuction covered by a building permit.
3 (d) Inspecfion fees. (Reserved.)
4 Section 51.10. Exemptions.
5 (a) Dwellings owned by the public housing agency of the ciTy (PHA) shall be exempt from the registrarion and
6 fee provisions of this chapter. The PHA will provide an annual list of PHA-owned dwellings to the d'uector.
7 The data disseminated as part of such list shall have the same classification in the hands of the city through
8 the d'uector as it had in the hands of the PHA.
9 (b) Establishments, having rooms or facilities which would be covered by the definition of a rental dwelling
10 unit, which are licensed by the city under other provisions of the Saint Paul Legislative Code, aze exempt
11 from the provisions of this chapter if such establishments and the rental dwelling units therein aze required
12 to comply with applicable safety codes as a condition or requirement of licensure.
13 Section 51.11. Illegal occupancy.
14 No person shall occupy, use or reside in a rental dwelling unit in any one- or two-family rental dwelling of Group R-
I S 3 occupancy after October 1, 1999, which does not have a rental dwelling unit registration certificate. Any unit or
16 structure which is so occupied, used or resided in shail be an unlawful structure and subject to the provisions of
17 section 3423(2) of the Legisiative Code relating to illegal occupancy. Such illega] occupancy also constitutes a
18 hazard to the health, safety or welfare of the occupants and the public, and may be condemned by the appropriate
19 enforcement officer under section 34.23 of the Legislative Code.
20 Section 51.12. Penalty.
21 Notwithstanding the lack of a specific reference thereto, a violation of, or failure to comply with, any section,
22 provision ar requirement in this chapter shall be a misdemeanor and shall be subject to sections 1.05 and 1.06 of the
23 Legislative Code, and to the provisions of applicable state statutes. This chapter is a part of the city health, safety,
24 housing, building, fire prevention and housing maintenance codes, and a violation thereof shall be deemed to be a
25 violation for purposes of state statutes allowing escrow of rent to remedy violations.
26 Sectiou 51.13. Appeal to legislative hearing officer.
27 Orders of the director are subject to section 18.02 of the Legislative Code.
28 Section 51.14. Applicability of other laws.
29 Nothing in this Chapter 51 is intended to waive, replace or amend the applicability or enforcement of any other law,
30 ordinance or rea lation applicable to residential dwellings, including but not limited to, zoning, nuisance abatement,
31 or licensing ordinances.
32 Section 2. This ordinance shall take effect and be in force thiriy (30) days following its passage, approval and
33 publication.
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Requested by DeparLment of:
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Adopted by Council: Date �C.C-vwL� o�� ��j0� Approved by Mayor for Submission to Council
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Datelnitiated:
,���� , Green Sheet NO: 3028847
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Assign
Number
For'
Routing
Order
Depar6nent SentToPerson InifiallDate
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1 onncl �Deuac[mentDirector �
2 �Cilv Clerk I CStv Clerk I
3
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Co'kact Person 8 Phone:
Maccia Mcertnand
on Council Agenda by (Date):
ContractType:
OR-0RDINANCE
Tot # of S ignature Pages _(Clip N Loc at i ons for S ignaW re)
Action Requested: `
An ordinance amending Chapter 51 of the Saint Paul Legislative Code conceming City Council approval of rental registrarion
revocation requirements.
KeCOttImelltlaLOns: AppID6E (A) or K
� � Planning Commission
I qB Committee
(.lHl Service CAmmission
Personal Service Coniracfs MustMswerthe Foliowing questions:
t. Has this persoNfirtn e�er worked under a contract for this department?
Yes No
2. Has this persoNfirm e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Inftiating Problem, Issues, Opportunity (Who, Wfia; When, Where, Why):
AdvantageslfApproved:
DisativanWges IfApproved:
Disadvantages If NotApproved:
Transaction:
Funding Source:
Financiai Information:
(Explain)
November 17. 2005 10:48 AM
CostlRevenue Budgeted:
Activity Number:
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