07-853Council File # (� � OS
Green Sheet # 304353�
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51
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
r.7 �
An ordinance amendment to provide authority
to the fire marshal to suspend or revo}ce
the fire certificate of occupancy when an
owner or interested party cannot be identified
after a good faith effort.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Sec. 40.06. Suspension, revocation and denial.
(a) Grounds for revocation. The fire marshal may, in writing,
issue a notice to the owner(s)and the interested parties
known to the fire marshal 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:
(1) Whenever the certificate was issued in error, or on the
basis of incorrect information supplied;
(2) When the owner(s) has submitted a false, incomplete or
inaccurate statement as a part of the application for
certificate;
(3) If the owner has failed or refused to pay fees to the
city for inspections or certificates;
(4) I£ it is found upon inspection of the fire marshal that
the building or occupancy is in violation of provisions
of this or other applicable safety codes, ordinances,
rules and regulations;
(5) If the owner, in a material matter, fails to comply
with the regulations in section 40.09 of this chapter;
or in situations where the fire marshal after a aood
faith effort cannot identifv an owner or interesred
partv; or
(6) If the nonresidential building or structure becomes
unoccupied;
(7) If a residential building is a vacant building as
defined in section 43.02 of the Saint Paul Legislative
Code; or
(8) Evidence of nuisance activity which shall follow the
procedures stated in subsection (b)(2) below.
(b) Notice of suspension, revocation or denial. /,��rj�3
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(1) When the fire marshal revokes, suspends or denies a
fire certificate of occupancy for safety code
violations, the notice issued by the fire marshal shall
state:
a. The specific reason(s) for the city's suspension,
revocation or denial of the fire certificate of
occupancy;
b. 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 marshal that the
commercial building or residential occupancy, or
portion thereof, is in compliance with applicable
safety codes under the jurisdiction of the fire
marshal; and
d. A statement indicating that the suspension,
revocation, or denial may be appealed to the
legislative hearing officer within ten (10) days
of issuance.
(2) When the fire marshal determines in consultation with
the city attorney that he or she has evidence of
nuisance activity as described in Minnesota Statues
617.81, subdivision 2, or other violations of nuisance
provisions of the Saint Paul Legislative Code are
maintained or permitted in the jurisdiction he or she
serves, the fire marshal shall provide the written
notice as described in paragraph a), by personal
service or certified mai1, return receipt requested, to
the owner and interested parties known to the fire
marshal.
a. The notice must:
1. State that a nuisance as defined in Minnesota
Statute 617.81 Subdivision 2, or other
violations of the nuisance provisions of the
Saint Paul Legislative Code, is maintained or
permitted in the building or structure and
must speci£y the kind or kinds of nuisance
being maintained or permitted;
2. Summarize the evidence that a nuisance is
being maintained or permitted in the building
or structure, including the date or dates on
which the nuisance-related activity or
activities are alleged to have occurred;
3. Inform the recipient that failure to abate
the conduct constituting the nuisance or to
otherwise resolve the matter with the fire
marshal by entering into an agreed upon D� ��3
abatement plan within thirty (30) days of
service of the notice will result 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 (1)
year, or in the case of a tenant, could
result in cancellation of the lease; and
4. 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.
b. If the recipient of a notice under this section
either abates the conduct constituting a nuisance
or enters into an agreed upon abatement plan
within thirty (30) days of service of the notice
and complies within the stipulated time period,
the fire marshal may not take action to suspend or
revoke the fire certificate of occupancy on the
specified property regarding the nuisance activity
described in the notice.
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 attorney 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 certified mail, return
receipt requested. The notice shall state:
a. The specific reason(s) the fire marshal recommends
suspension or revocation of the fire certificate
of occupancy; and
b. The date, time and place of the legislative
hearing and public hearing.
(d) Appeals and Stays of Enforcement for Revocations,
Suspensions and Denials of Fire Certificates of Occupancy.
(1) �Toluntary vacation of premises. No suspension, � 7'O � 3
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 thirty (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 sha11 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 sha11 be presented to the city council for
ratification at its next available public hearing.
Abeyance of enforcement proceedings shall continue
until such time 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.
(f) Reinstatement following second suspension or revocation. If
a fire certificate of occupancy is suspended or revoked for
a second time within a two-year time period under the same
ownership, the building for which it was issued shall not
again be occupied until such time as the following has
occurred:
(1) The fire marshal has determined that the building is in
compliance with applicable safety codes; and
(2) A five thousand dollar ($5,000.00) performance deposit
or bond has been posted with the city; the purpose of
said bond shall be to off-set potential city expenses
associated with abating nuisance conditions at this
property and shall be returned to owner upon completion
of two (2) years with no legislative code violations
requiring city abatement.
(g) Reinstatement following third suspension or revocation. If a
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fire certificate of occupancy is suspended or revoked for a
third time within a three-year time period under the same
ownership, the building for which it was issued shall not 07-g53
again be occupied until 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.
Sec. 40.07. Inspections.
(a) Scope of inspection. The fire marshal is authorized, in
conformity with this chapter, to inspect all buildings,
whether having a fire certificate of occupancy hereunder or
not. The inspection may include the building or structure,
the land upon which it is located and accessory uses or
structures. All inspections authorized by this chapter shall
be limited to those which are done for the purpose of
seeking compliance with applicable safety codes, and shall
take place only at reasonable hours or as may otherwise be
agreed upon by the owner and the fire marshal.
(b) Notice of violations. The fire marshal shall give written
notice to the owner and anv known interested partiesof any
violations of the applicable safety codes which are
discovered during any inspection.
This ordinance shall be effective 90 days after its passage, approval and publication.
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Adoption Certified by Counoil S ccefary
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Approved by May , � D�
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By:
Requested by Department of
By:
Fo App oved by C�ry ey
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FotMApproved by Mayor for Submisswn to Council
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By:
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Adopted by Council Dz*t _ � j��(�.q ��j��� ___
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet 6reen Sheet �
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CO ���
Co�ct Peison 8 Phone:
Councilmember Lantry
266-86)0
Must Be on Council Agenda by (Dad
12SEP-07
Doc. Type: ORDINANCE
E-Document Required: Y
Document Contaci: Eilen Biales
Contact Phone: 266-8671
34AUG-07
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Assign
Number
For
Routing
Order
Totat # of Signature Pages _(Clip AII Locations fw Signature)
CosflRevenue Budgeted:
Amending Chapter 40 of the SL Paul Legislative Code to pmvide the Fire Marshal authority to suspend or revoke the fire certificate
of occupancy whea ihe owner or interested party cannot be identified after a good-faith effort.
Poanning Commission 1. Has this persoMfirtn ever worked under a contred for this departrnent?
CIB Committee Yes No
CNiI Service Commission 2. Has this persoNfirtn ever been a city employee?
Yes No
3. Does this personlfirtn possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opporturtity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvaniages ff Approved:
Disadvanfages If NM Approved:
Trensaction:
Funding Souroe:
Financial information:
(Explain)
Green Sheet NO: 3043535
0 o�cil Cume�
1 ' Anornev . _ _ Citv Attorn
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August 30, 2007 1:47 PM
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