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05-476Council File # �S� � /� Ordinance # Green Sheet # ��oYp�iGJ ORDINANCE CITY OF SAINT PAUL, MINNESOTA �✓S Presented By Referred To Committee Date : i To clarify definitions within the City Ordinance which apply to rental registration z requirements, the Neighborhood Housing Property Improvement Division of the City of Saint a Paul recommends that the City Council enact the following changes to Chapter 51 of the Saint 4 Paul Legislative Code: s THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: s The following changes to Chapter 51: s io Chapter 51. Dwelling Unit Registration ii i2 Sec. 51.01. Rental dwelling unit registration certiTicate--Requirement. 13 i4 Unless an owner has applied for and received a registration certificate under section is 51.03, no rental dwelling unit in any one- or two-family rental dwelling of Group R-3 occupancy is shall be used or occupied after October 1, 1999, until the director has issued a rental dwelling i v unit registration certificate under section 51.03. It shall be a misdemeanor to rent or lease, or is permit the occupancy of, a rental dwelling unit which does not have a rental dwelling unit is registration certificate. , 20 zi . Rental re�istration is not required on dwellings which are homesteaded zz and owner occu�ed. 23 24 25 26 27 zs 29 30 31 32 33 34 35 36 37 38 (C.F. No. 99-272, § 1, 5-12-99) Sec. 51.02. Definitions. Unless otherwise expressly stated, the following terms shall, for the pwpose 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 inciudes both the building or structure and the land upon which it is located, as well as accessory use structures. The term "dwelling" also includes any multifamily residential building or structure which (i) is not required to have a certificate of occupancy under Chapter 33 of the I,egislative Code, and (ii) is not exempt under section 51.10 of the Legislarive Code. � ; J� �.11 '05 os- �f�� i (b) "Director" is the director of the department of neighborhood housing and property z unprovement, and his or her designee or designees, and shall include any enforcement a officer under his or her supervision or direction, or other duly authorized representative. 4 s (c) "Family" is one (1) or two (2) persons or pazents, with their direct lineal descendants and s adopted or legally cared for cluldren together with not more than two (2) persons not so v related, living together in the whole or part of a dwelling comprising a single 8 housekeeping unit. s io (d) "Owner" is the person, firm, corporation ar other entity listed 'm the records on file in the ii recorder's office as holding fee title to the dwelling, and includes the owner's authorized 1z agent. 13 i4 � "Authorized AeenY' as individual(sl with leeal authoritv and capable of executing is documents for the sale of the dwelling(sl and authority over the proceeds of such sale. 16 1 v (ej�f The "recorder's office" is the Ramsey County Department of Property Records and 1s Tasation, or its division which maintains title and property records, and any successor is agency or deparhnent thereof. zo 21 zz 23 24 zs 26 27 28 zs 30 31 32 33 {ij�e "Rental dwelling uniY' is any room ar rooms, or space, in any dwelling designed or used for residential occupancy by one (1) or more persons who are not the owner or a member ofthe owner's family. {gj� "Residential occupancy" is occupancy in a building or portion thereof, for residential purposes, used or intended to be used for living, sleeping, and cooking or eating purposes. {ij� "Safety code" or "safety codes" include any fire, housing, health, safety or other similar code, law and ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and the City of Saint Paul, or any lawful agency or department thereof, which are applicable to a dwelling in such city. Safety code includes, without any limitation of the foregoing sentence as a result of this specification, the provisions of Chapters 33, 34, 43, 45, 49, 55, 56 and 58 of the Legislative Code. 34 as (C.F. No. 9 9-272, § 1, 5-12-99; C.F. No. 99-811, § 1, 9-8-99; C.F. No. 03-887, § 7, ll-5-03) Requested Department of: _�f(� � Adoption Certified by Council Secretary By' _L Approved By: By: Form By: C Appr $Y � I �,� � 1 � '��° Adopted by Council: Date /Ji���,of40S oS - Y7{o �,Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � NH '�`��8nbaiaoaFIau�/empaty Conpct Person & Phone: AndY Da/uid�s 266-1927 Must Be on Couna'1 Aeeo 1&MAY-05 OfaAAAY-05 � Assign Number Por Routing OrdC'r Green Sheet NO: 3026375 0 Ao ' 1 r nt r 2 Attorcev 3 Mavor's Olfice I MavoNAssis7ant T 4 uncil 5 Cle " Clerk Total S of SignaWre P _(Ctip Ni Locations for Signature) Aetion Requested: Chapter 51, Rental Regish�ation ordinance, needs amending to make it clear that (1) Simplyannoiting the tenant as ihe landlords agent dces not avoid the registrarion requirement, and (2) "homesteading" means homesteaded by owner, spouse, pazents and/or siblings, and not others. Recommendations: Approve (A) or R Planning Canmission CIB Committee Civil Service Commission t. Has this pe�sonffirm ever worked under a contract for this departmerrt? Yes No 2. Has this P�sonffirm ever been a city emplqree? Yes No 3. Does this person�rm p�sess a skiil not nortnally possessed by any curteM cdy employee? j Yes No E�lain all yas answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoRUnity (Who, Whaf, When, Where, Why): NHPI has had three siwations in the past year where property owners attempted to avoid registration based on "agent status" or homesteading but not owner-occupied status. AdvanW9esIfAPPrOVed: The City ordinance will be easier to understand and enforce DisadvarHages M Approved: None. DisadvanWges H Not Approved: The City ordinance will continue to be unclear as to these situations. A Transaction: � Fundin9 Souree: �/a Financial Infortna[ion: (E�lain) CostlRevenue Budgeted: nJ AGivity Number: � , � r �, � � : l�e0i!'!��e ���c�...".. . . �D S � s