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08-1277Substitute 12/17/2008 ORDINANCE C�T Presented by Council File # 08-1277 Green Sheet # 3063515 PAUL, MINNESOTA �� SUBSTITUTE An ordinance amending Chapter 40 of the Saint Paul Legislative Code adding failure by a property owner to advise tenants of contract for deed cancellations or notice of mortgage foreclosures as a cause for revocation of the Fire Certificate of Occupancy 9 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 10 11 i2 Section 1 13 Chapter 40.06 of the Saint Paul Legislative Code is hereby amended to read as follows: 14 15 16 Sec. 40.06. Suspension, revocation and denial. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ✓qN e ? oy�D 0� (a) Grounds for revocation. The fire marshal may, in writing, issue a notice to the owner(s) and the interested parties lrnown 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 therefore: (1) ��) (3) (4) (5) �� �$) � 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 ar certificates; If 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; 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 good faith effort cannot identify an owner or interested party; e� 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; e� Evidence of nuisance activity which shall follow the procedures stated in subsection (b)(2) below; or If a tenant, leaseholder, or third partv paver files a written request for revocation followin� an owner's violation of Saint Paul Leeislative Code Chapter 53 which requires that owners notifv tenants of oendine mort�a�e foreclosure or cancellation of contract for deed involvine the propertv. 08-1277 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 (b) Notice of suspension, revocation or denial. (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 0 c. � fire certificate of occupancy; The effective date of the revocation, suspension or denial of the fire certificate of occupancy; 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 A statement indicating that the suspension, revocation, or denial may be appealed to the legislative hearing officer within ten (10) days of issuance. (2) VJhen the fire marshal determines in consultation with the ciry 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 ar she serves, the fire marshal shall provide the written notice as described in paragraph a), by personal service or certified mail, return receipt requested, to the owner and interested parties known to the fire marshal. a. The notice must: 2. 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 specify the kind or kinds of nuisance being maintained or permitted; Summarize the evidence that a nuisance is being maintained or permitted in the building or structure, including the date ox dates on which the nuisance-related activiry or activities are alleged to have occurred; 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 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 refemng 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 ar structure for any purpose for one (1) year, or in the case of a os—i2�� 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 ll9 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 tenant, could result in cancellation of the lease; and 4. Inforxn 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. 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 norice 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. a 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 fixe cerkificate 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. (�, Appeals and Stays of Enforcement for Revocations, Suspensions and Denials of Fire Certificates 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 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, os-iv� 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 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 rati&cation 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. (€ e) 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 occuned: (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. (gfl Reinstatement following third suspension or revocation. If a 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 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. Section 2 172 Chapter 40.09 of the Saint Paul Legislative Code is hereby amended to read as follows: 173 174 175 Sec. 40.09. Regulations. 176 177 (a) Notice by owner. 178 179 �1,2 The owner of a building for which a fire certificate of occupancy has been issued is 180 under a continuing obligation to give written notice to the fire mazshal of any os-i2�� 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 2Q4 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 changes in the information supplied as part of the application for the certificate. Thi: includes any changes or modificarions of ownership of the building, and any change in use or occupancy status of the building. � The owner of a residential buildin� for which a fire certificate of occuuancv has been issued who is reauired to Qive notice to tenants of potential mortgage fareclosure or cancellation of contract for deed involvine the rn opertypursuant to Chaoter 53 of the Saint Paul Le�islarive Code must file proof of such notice beine eiven with the Fire Marshal (b) New owner. A new owner of a building with a fire certificate of occupancy shall file with the fire marshal a written applicarion for a modificaYion of the certificate if such premise is still being used or occupied under an existing certificate. Such application shall be filed within thirty (30) days after such new owner obtains new ownership in the building, whether or not such interest has been recorded. (c) Change of use. Changes in the use of a building shall not be made without the approval of the fire marshal, and the building may be occupied for other purposes provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. If the use or occupancy of a fire certificate of occupancy premise changes, 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. No change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the fire marshal has issued a fire certi6cate of occupancy therefor as provided herein. Dwelling units occupied by an owner shall be exempted from this requirement if the residence contains three (3) or more dwellings units. Properties occupied by an owner shall be exempted from this requirement if the residence contains one or two dwelling units. The word "owner" means a natural person, and does not include a corporation, partnership or other entity. (d) Posting. The fire certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the fire marshal. os—iz�� 227 228 229 230 Section 2 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication t����� �� 1 � 70a9 Bostrom Carter Harris Requested by Department of: By: Approved by the Office of Financial Sexvices ✓ B y' 1 hune �/ Approved by City Attomey d / BY_ �G��k 1�.�Lv�zt/1 Adopted by Council: Date �`�/�3��'� Approved by Mayor for Submissio to Council Adoption Certified by Council Secretary By BY� _Ll A� i.c�fd ApprovedbyMay f� /��a��o70 BY� �/�r - f' ¢11.�-0 s os-i2�� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUOfficelCouncii: ; Datelnitiated: — 1 � Council ' 13 � Green Sheet NO: 3063515 Contact Person & Phone: ! � CM Carter/Acooa Lee ! 266-861� _ _ - __— .._ _ __ _—_._ __', Assign Must Be on Council Agenda by (Date): �� Number 19-NOV-0B ; For - - -- - -i Routing Doa Type: �RDINANCE �� Ordet E-Document Required: Y DocumentContact: �oanReideli Contact Phone: 266-8610 Total # of Signature Pages _(Clip All Locations for Signature) __ _ _ _. ___ _ .-_ .___ __ _ ___,_-,-_ ._—�_-__-- -- - Action Requested: �1n ordinance amend�ng Chapter 40 of the Saint Pau1 Legislative Code adding failure by property owners to advise tenants of contract �br decd cancellat�ons or notice of mortgage foreclosures as a eause for revoeation of the Fire Cert�ficate of Occupancy. Recommendations� ApproVe (A) or Reject (R): . Plamm�g Commission CIB Commiitee Qvil Service Commission Department SentToPerson InitiaflDate 0 �Counci� I�� 1 iCVAtrorney �� ' 2 �Council �) i _ 3 'Gity Clerk r --� 4 i �—� 5 � 0 Personal Service Contracts Must Answer the Following Questions: t Has this personffvm ever worked under a contrac[ for [his department� Yes No 2 Has this person/firm ever been a city empioyee? Yes No 3. Does this person/firm possess a skill not normalty possessed by any current city employee? Yes No Explain all yes answers on separate sheet atid attach to green sheet. - _. � Initiating Problem, Issues, �pportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: _ - _ ____ _- _ _ - _� __-__ _-_.. Disadvantages If Not Approved: To[ai Amount of Transaction� Fundi�g Source: Finan cial Information: (Explain) Activity NUmber: Cost/Revenue Budgeted: November 13, 2008 1:47 PM Page 1 Council File # 08-1277 Green Sheet # 3063515 ORDINANCE SAINT PAUL, MINNESOTA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Presentedby - �%�(s� /�/- (�� �- l An ordinance amending Chapter 40 of the Saint Paul Legislative Code �dding failure by a property owner to advise tenants of contract for deed c�ncellations or notice of mortgage foreclosures as a cause for revocation of the�ire Certificate of Occupancy THE COUNCIL OF E CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 40.06 of the Saint Paul L islative Code is hereby amended to read as follows: Sec. 40.06. Suspension, revocation and (a) Grounds for revocation. The fire mar al may, in writing, issue a notice to the owner(s) and the interested parties known to the fire mar al of the city's suspension or revocation of a fire certificate of occupancy issued under the rovisions of this code, or deny an application therefor: (1) Whenever the certificate was i ued in error, or on the basis of incorrect information supplied; (2) When the owner(s) has submitted alse, incomplete or inaccurate statement as a part of the application far certificate; (3) If the owner has failed or refused to pa fees to the city for inspections or certificates; (4) If it is found upon inspection of the fire m hal that the building or occupancy is in violation of provisions of this or other applica le safety codes, ordinances, rules and regulations; (5) If the owner, in a material matter, fails to comply itk 40.09 of this chapter; or in situations where the fire cannot identify an owner or interested party; e� (6) If the nonresidential building or structure becomes un (7) If a residential building is a vacant building as Saint Paul Legislative Code; e� (8) Evidence of nuisance activity which shall follow the � (b)(2) below or � If the owner k�as violated the vrovisions of Saint Paul contract for deed involvine the nropertv. (b) Notice of suspension, revocation or denial. the regulations in section rshal after a good faith effort in section 43.02 of the stated in subsection os-iz�� 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 (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 �2) 2. Subdivision 2, or Saint Paul Legi � building or strucb being maintained Summarize the e� permitted in the b which the nuisanc ice as defined in Minnesota Statute 617.81 other violations of the nuisance provisions of the dive Code, is maintained or permitted in the �e and must specify the kind or kinds of nuisance that a nuisance is being maintained or or structure, including the date or dates on �activity or activities are alleged to have occurred; 3. Inform the recipient that nuisance or to otherwise to abate the conduct constituting the , the matter with the fire marshal by entering into an agreed upon abat ent plan within thirty (30) days of service of the notice will result i recommending the suspension or revocation of the fire certificate of oc upancy to the city council, and/or referring the matter to the prose ting attorney who serves in the jurisdiction for remedies in accardan with Minnesota Statute fire certificate of occupancy; b. The effecrive 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 inspecrion 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 A statement indicating that the suspension, revocation, or denial may be appealed to the legislative hearing officer within ten (10) days of issuance. When th ire marshal determines in consultation with the city attorney that he or she has evi nce of nuisance activity as described in Minnesota Statues 617.81, subdivision , or other violations of nuisance provisions of the Saint Paul Legislative Co are maintained or permitted in the jurisdiction he or she serves, the fire marshal shal rovide the written notice as described in paragraph a), by personal service or ertified mail, return receipt requested, to the owner and interested parties lrno n to the fire marshal. a. The notice must: \ 1. State that a 617.80 et seq. which could result in enjoim the use ofthe building or shucture for any purpose for one (1) year, r in the case of a tenant, could result in cancellation of the lease; d 4. Inform the owner of the options available under innesota Statute Section 617.85, which provides that the owner of e building which os-i2�� 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 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 ov✓ner may assign to the prosecuting attomey 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 norice 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 regazding the nuisance activity described in the notice. c. Y�f the recipient fails to abate the nuisance within 30 days of service of the n' ice, or fails to comply with the agreed upon abatement plan, the fire mar al will refer the matter to the city council recommending suspension or revoc�Q�on of the fire certificate of occupancy or refer the matter to the prosecut�ng attorney in accordance with Minnesota Statute 617.80 et seq. (3) The notice of intent p suspend or revoke the fire certificate of occupancy for nuisance activity shall be serv�d by personal service or by certified mail, rehzrn receipt requested. The norice shall state� a. The revocation of the fire certific'� b. The date, time the fire marshal recommends suspension or of occupancy; and place of the legislative hearing and public hearing. (� c) Appeals and Stays of Enforcement for Occupancy. Suspensions and Denials of Fire Certificates of (1) Voluntary vacation of premises. No susp�nsion, revocation or denial of the fire certificate of occupancy shall be imposed on any owner who serves written notice upon the legislative hearing officer stating a intent to permanently vacate the premises within thirty (30) days of the receipt the notice of suspension, revocation or denial. Written notice of intention to vacate, a ng with the date of vacation, must be filed with the hearing officer within ten (10) da from the receipt of the notice and shall include proof that notice of eviction was se ed upon the occupants of the premises. (2) Stay pending appeai. Enforcement proceedings on the susp�sic denial of the fire certificate of occupancy, or orders to correct�vi held in abeyance if the owner shall file an appeal to the legislati within ten (10) days of receiving the written order issued by the except in the case of an order to vacate a structure which is deer unsafe condition and dangerous to life or limb, the enforcement to order the building vacated until it is made safe or a final detei revocation or �tions, shall be hearing officer forcement officer, to be in an fi r shall proceed nat ,n is made by os-iz�� 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 the legislative hearing officer allowing re-occupancy of the building. This decision shali 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 � Reinstate�ient following suspension or revocation. If a fire certificate of occupancy is suspended or revoked fo�a building, or portion thereof, that building or portion thereof, shall not be occupied until such tune as the fire certificate of occupancy is reinstated. (€ e) Reinstatement fo�lowing second suspension or revocation. If a fire certificate of occupancy is suspended or revot�ed for a second time within a two-year time period under the same ownership, the building for wluah� as issued shall not again be occupied until such time as the following has occurred: (1) The fire m shal has determined that the building is in compliance with applicable safety codes; d (2) A five thousand i with the city; the associated with a owner upon com� city abatement. ($5,000.00) performance deposit or bond has been posted �se of said bond shall be to off-set potential city expenses nuisance conditions at this property and shall be returned to i ef two (2) years with no legislative code violations requiring (gfa Reinstatement following third suspension or vocation. If a fire certificate of occupancy is suspended ar revoked far a third time within a kiree-year tune period under the same ownership, the building for which it was issued shall not agai be occupied until a nuisance abatement plan is developed by the property owner, reviewed by the islative hearing officer and approved by the city council. If a nuisance abatement plan is not deve ped and approved, the premise for which the fire certificate of occupancy was issued shall not again e used or occupied for a period of six (6) months. Section 2 169 Chapter 40.09 of the Saint Paul Legislative Code is hereby amended to 170 171 as follows: 172 Sec. 40.09. Regulations. 173 174 (a) Notice by owner. 175 176 �1,� The owner of a building far which a fire certificate of occup 177 under a continuing obligation to give written notice to the fire 178 changes in the information supplied as part of the application 179 includes any changes or modifications of ownership of the bu 180 in use or occupancy status of the building. has been issued is rshal of any the certificate. This �g, and any change os-iz�� 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 � The owner of a residenrial buildinQ for which a fire certificate of occupancv has been issued who is req_uired to give notice to tenants of potentlal mortga�e foreclosure or cancellarion of contract for deed involvine the propert�pursuant to Chapter 53 of the Saint Paul Leeislative Code must file proof of such notice being �iven with the Fire Marshal (b) New owrier. A new owner of a building with a fire certificate of occupancy shall file with the fire marshal a wr.�tten application for a modification of the certificate if such premise is still being used or occupied under an existing certificate. Such application shall be filed within thirty (30) days after such new owner�qbtains new ownership in the building, whether or not such interest has been recorded. �\ (c) Change of use. Change`� in the use of a building shall not be made without the approval of the fire marshal, and the buildin� ay be occupied for other purposes provided the new ar proposed use is less hazardous, based on li and fire risk, than the existing use. If the use or occupancy of a fire certificate of occupancy pre ' e changes, it shall immediately be required to meet a11 requirements of law, including the requireme t for a certificate of occupancy befare being used for such new or changed use. No change in the ex`�sting occupancy classification of a building or shucture or portion thereof shall be made, until� e fire marshal has issued a fire certificate of occupancy therefor as provided herein. Dwelling �iiits occupied by an owner shall be exempted from this requirement if the residence contains tlueg (3) or more dwellings units. Properties occupied by an owner shall be exempted from this requiretl�ent if the residence contains one or two dwelling units. The word "owner" means a natural person, a�i does not include a corporation, partnership or other entity. �� (d) Posting. The fire certificate of occupancy sha11 be p2 and shall not be removed except by the fire marshal. Section 2 This ordinance shall take effect and be in force approval and publication days following its passage, Yeas Nays Absent Bostrom Carter Harris Helgen Lanhy Stark Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Requested by � Approved by the Office By: Approved by City Attomey / By: :� ,v Approved by May � r or Submission to Council By: in a conspicuous place on the premises