07-214Council File # 07-a�`7"
Green Sheet #3031(�3�`
ORDINANCE
CITY OF SAINT PAUL, Njl�INESOT
Presented By:
t An Ordinance Modifying the Fire Certificate of Occupancy Program
3 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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� The Section 4 of the Fire Certificate of Occupancy chapter of Title VI of the Saint Paul Legislative Code "Building
8 and Housing" is amended as follows:
lo Section 4. Certification Process.
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12 (a) Buildings arzd Occupancies Reguiring a Fire Certifzcate of Occupancy. ����
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1a 1) A buildin�portion thereof which receive a certificate of occupancy from the city's building official
15 upon completion of construction or major rehabilitation shall simultaneously receive a fire certificate
16 of occupancy from the fire marshal if their use or occupancy so requires.
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is 2)
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Buildings which have a change in use or occupancy and become subject to the fire certificate of
occupancy requirement.
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z1 3) Commercial buildings and residential occupancies which have current Fire Prevention issued
22 certificates of occupancy on or after January 1, 2007 shall be subject to the ongoing requirement to
z3 maintain a fire certificate of occupancy. These buildings shall be issued fire certificates of occupancy
2a and shall be subject to periodic inspection based on the date of the building's last complete certificate
zs of occupancy inspection, subject to the terms of this chapter.
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z� 4) One- and two-unit rental dwellings which are currently registered and certified as rental properties
28 under the requirements of this code on January 1, 2007 shall receive provisional fire certificates of
29 occupancy. These properties shall be issued fire certificates of occupancy upon the successful
3o completion of a fire certificate of oceupancy inspection.
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32 5) A building which has been registered as a vacant building under chapter 43 of the Legislative Code
33 that subsequently received a certificate of code compliance under section 33.06 of the Legislative
3a Code shall be issued a fire certificate of occupancy concurrently with the certificate of code
35 compliance, if their use or occuqancv so requires.
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Title VI New Chaptec Fire Certificate of Occupancy Progrem
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The Section 6 of the Fire Certificate of Occupancy chapter of Title VI of the Saint Paul Legislative Code "Building and
Housing" is amended as foilows:
Section 6. Suspension, revocation and denial.
(a) Grounds for Revocation. The fire marshal may, in writing, issue a notice to the owner(s) of the city's
suspension or revocation of a fire certificate of occupancy issued under the provisions of this code, or deny an
application therefor:
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8)
Whenever the certificate was issued in error, or on the basis of incorrect information supplied;
When the owner(s) has submitted a false, incomplete or inaccurate statement as a part of the
application for certificate;
If the owner has failed or refused to pay fees to the city for inspections or ceRificates;
If it is found upon inspection of the fire mazshal that the building or occupancy is in violation of aey
provisions of this or other applicable safety codes, ordinances, rules and regulations;
If the owner, in a material matter, fails to comply with the regulations in section 9 of this chapter; or
If the nonresidential building or structure becomes unoccupied;
If a residential building is a vacant building as defined in section 43.02 of the Saint Paul legislative
code; or
Evidence of nuisance activiTy which shall follow the procedures stated in section 6(6) 2) below.
(b) Notice ofsuspension, revocation or denial.
1) When the fire mazshal revokes, suspends or denies a fire certificate of occupancy for safety code violations,
the notice issued by the fire marshal shall state:
a)
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b)
The specific reason(s) for the ciTy's suspension, revocation or denial of the fire certificate of
occupancy;
The effective date of the revocation, suspension or denial of the fire certificate of occupancy;
c) A statement indicating that the commercial building or residential occupancy, or portion
thereof, shall not again be used or occupied until such time as the said certificate is issued or
renewed or suspension lifted following inspection and a determination by the fire mazshal that
the commercial building or residential occupancy, or portion thereof, is in compliance with
applicable safeTy codes under the jurisdicfion of the fire marshal; and
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Title VI New Chapter. Fire Certificate of Occupancy Pmgrem
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d) A statement indicating that the suspension, revocation, or denial may be appealed to the
legislative heazing officer within ten (10) days of issuance.
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8� 2) When the fire mazshal determines in consultation with the City Attomey that he or she has evidence of
88 nuisance activity as described in Minnesota Stames 617.81, subdivision 2, or other violations of nuisance
89 provisions of the Saint Paul Legislative Code are maintained or permitted in the jurisdiction he or she
90 serves, the fire mazshal shall provide the written notice as described in pazagraph a), by personal service or
9� certified mail, return receipt requested, to the owner and interested parties known to the fire mazshal.
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a) The notice must:
95 i. State that a nuisance as defined in Minnesota Statute 617.81 Subdivision 2, or other
96 violations of the nuisance provisions of the Saint Paul Legislative Code, is maintained
97 or permitted in the building or structure and must specify the kind or kinds of nuisance
98 being maintained or permitted;
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t0o ii. Summarize the evidence that a nuisance is being maintained or permitted in the
t o I building or structure, including the date or dates on which the nuisance-related activity
t oz or activities are alleged to have occurred; an�
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iii. Inform the recipient thaY failure to abate the conduct constituting the nuisance or to
otherwise resolve the matter with the fire mazshal by entering into an agreed upon
abatement plan within 30 days of service of the notice will result �tt in recommending
the suspension or revocation of the fire certificate of occupancy to the ciTy council,
and/or referring the matter to the prosecuting attorney who serves in the jurisdiction for
remedies in accordance with Minnesota Statute 617.80 et seq. which could result in
enjoining the use of the building or structure for any purpose for one yeaz, or in the
case of a tenant, could result in cancellation of the lease•, and :
iv. Inform the owner of the options available under Minnesota Statute Section 617.85,
which provides that the owner of the building which is subject to a district court
abatement proceeding may file a motion before the court that has jurisdiction over the
abatement proceeding to cancel the lease or otherwise secure restitution of the premises
from the tenant or lessee who has maintained or conducted the nuisance. The owner
may assign to the prosecuting attorney the right to file this motion.
i zo b) If the recipient of a notice under Section 6 of this ordinance either abates the conduct
t2i constituting a nuisance or enters into an agreed upon abatement plan within 30 days of service
12z of the notice and complies within the stipulated time period, the fire marshal may not take
t 23 action to suspend or revoke the fire certificate of occupancy on the specified property regarding
�2a the nuisance activiTy described in the notice.
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c) If the recipient fails to abate the nuisance within 30 days of service of the notice, or fails to
comply with the agreed upon abatement plan, the fire marshal will refer the matter to the City
Council recommending suspension or revocation of the fire certificate of occupancy or refer the
matter to the prosecuting attomey in accordance with Minnesota Statute 617.80 et seq.
3) The notice of intent to suspend or revoke the fire certificate of occupancy for nuisance activiTy shall be
served by personal service or by ceRified mail, return receipt requested. The notice shall state:
a) The specific reason(s) the fire mazshal recommends suspension or revocation of the fire
certificate of occupancy; and
Title VI New Chapter: Fire Certifcate of Occupancy Program
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The date, time and place of the legislative hearing and public hearing. (� 7—���
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(d) Appeals and Stays of Enforcement for Revocations, Suspensions and Denials of Fire Certifzcates of
Occupancy.
1) Voluntary vacation of premises. No suspension, revocation or denial of the fire certificate of
occupancy shall be imposed upon any owner who serves written notice upon the legislative hearing
officer stating and intent to permanently vacate the premises within thirry (30) days of the receipt of
the notice of suspension, revocation or denial. Written notice of intention to vacate, along with the
date of vacation, must be filed with the hearing officer within ten (10) days from the receipt of the
notice and shall include proof that notice of eviction was served upon the occupants of the premises.
2) Stay pending appeal. Enforcement proceedings on the suspension, revocation or denial of the fire
certificate of occupancy, or orders to correct violations, shall be held in abeyance if the owner shall
file an appeal to the legislative hearing officer within ten (10) days of receiving the written order
issued by the enforcement officer, except in the case of an order to vacate a structure which is deemed
to be in an unsafe condition and dangerous to life or limb, the enforcement officer shall proceed to
order the building vacated until it is made safe or a final determination is made by the legislative
hearing officer allowing re-occupancy of the building. This decision shall be presented to the city
council for ratification at its next available public hearing. Abeyance of enforcement proceedings
shall continue until such rime as the hearing officer shall have issued a final determination or in the
event the owner should not prosecute the appeal in a timely fashion.
(e) Reinstatement following suspension or revocation. If a fire certificate of occupancy is suspended or revoked
for a building, or portion thereof, that building or portion thereof, shall not be occupied until such time as the
fire certificate of occupancy is reinstated. In order for a fire certificate of occupancy to be reinstated following
a suspension or revocation, the Fire Marshal may require that a reputable tenant screening agency be used, that
the landlord adhere to the guidelines and advice required by the police department and code enfarcement
officials, that the leases used for rental dwellings include provisions allowing for the immediate evicrion of
tenants or their guests engaged in criminal or nuisance activity; and that the owner or property manager attend
a reputable landlord trainin�
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171 (f) Reinstatement following second suspension or revocation. If a fire certificate of occupancy is suspended or
1�z revoked for a second time within a two-year time period under the same ownership, the building for which it
1�3 was issued shall not again be occupied until such time as the following has occurred:
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1�5 1) The fire marshal has determined that the building is in compliance with applicable safety codes; and
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17� 2) A five thousand dollar ($5,000.00) perforxnance deposit or bond has been posted with the city; the
178 puxpose of said bond shall be to off-set potential city expenses associated with abating nuisance
t �9 conditions at this property and shall be returned to owner upon completion of two (2) years with no
tso legislative code violations requiring city abatement, �
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(g) Reinstatement following third suspension or revocation. If a fire certificate of occupancy is suspended or
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Title VI New Chapter: Fire Certificate of Occupancy rogram
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revoked for a third time within a three-year time period under the same ownership, the building for which it
was issued shall not again be occupied unril a nuisance abatement plan is developed by the property owner,
reviewed by the legislative hearing officer and approved by the city council. If a nuisance abatement plan is
not developed and approved, the premise for which the fire certificate of occupancy was issued shall not again
be used or occupied for a period of six (6) months.
Section 3
This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.
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Yeas
Benanav
Bostrom
Harris
Helgen
Lantry
Montgomery
Thune
Nays � Absent
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Form
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Adopted by Council:
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Adoption Certified by Council Secretary
BY� / / ///Aii / fi.i/��iJh
Approved by Mayor: Aate: ( t�c�C,�, aDd�
BY� ����`�a .� 7�3�-�z��,,...o
by
by Mayor for Submission to Council
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� Green Sheet Green Sheet Green SheeY Green Sheet Green Sheet Green Sheet
CO ��cil
Gontact Person & Phone:
Marcia Mcemwnd
6-8570
Doc. Type: ORDINANCE
E•Document Required: Y
Doc�mentContact: Viciti
ConWCf Phone: 6-8561
ISFEB-07
�
Assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Clip All Lowtions for Signature)
Green Sheet NO: 3037035
0 Counn7
1 oancil I Depa[tmentDirecMr
2 ICitv Attornev �
3 �Coancil
4 C'NCIe K I C[tyCkrk I
5 � I
An ordinance amending Title VI of the Saint Paul Legislarive Code modifying the Fire Certificate of Occupancy Program.
Planning Commission 1, Has this person/flrm ever worked under a contract for tfiis department?
CIB Committee Yes No
Civil Serv�ce Commission 2. Has this persoMfirm ever been a city employee?
Yes No
' � 3. Does this person/firm possess a skill not normally possessetl by any
current aty employee?
Yes No
. ExpWin all yes answers on separete sNeet and attach to green sheet
Initiating Problem, issues, Opportunity (4Yho, What, When, Where, Whyi:
Advantages If Approved:
DisadvantageslfApproved:
DisadvanNages if Not Approved:
T2nsacfion:
Funding Source:
Financial InFOrmation:
(Explain)
Aetivity Number:
CoSURevenue Budgeted:
February 15, 2007 12:Q3 PM Page 1