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08-1278I 2 3 4 5 b 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 43 44 45 46 Substitute 12/17/2008 Presented Council File # 08-1278 Green Sheet # 3063516 ORDINANCE SAINT PAUL, MlNNESOTA � SUBSTITUTE An ordinance creatina Chapter 53 of the Saint Paul Legislative Code requiring residential property owners to advise current and prospective tenants of contract for deed cancellations or notice of mortgage foreclosures TIiE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: p�� Section 1 ��� �2700,9 Chapter 53 of the Saint Paul I,egislative Code is hereby enacted to read as follows: 53 Obligation to disclose. An owuer of residential �roperty_who leases the �ropertv to ariother must notifv the tenant(s) in writing if the landlord receives a notice of a contract for deed cancellation under Minn. Stat. §559.21 or a notice of mortga�:e foreclosure sale under cl�aoter 580 or 582. The notice to current tenants required under this section is in addition to the requirements under Minn Stat. & 504B.151 a��iyin t�o piospecrive tenants. 53_02 Restriction on leasine. An owner of �ropertv who has received notice of a contract for deed cancellation or mort�age foreclosure sale mav not enter into a periodic residential lease agreement .. . . . . . 53 03 Form of notice An�otice required under this chapter shall be eiven bypersonal service with affidavit of service by a third partv or by certified mail return recei t requested 53_04. Penalty for violation Failure to com�ly with the requirements of this cha�ter shall be a misdemeanor. os—iz�s 47 48 49 Section 2 This ordinance shall take effect and be in force thirty (30) days followuig its passa�e, approval and publicarion. �����Sti �lq� � � �� 0,� Yeas Nays Absent Bos�om Carter � Harris ,/ Helgen ` Lan�y Stazk � Thune ,�- Adopted by Council: Date �?��,3f a7U�� Requested by Deparhnent oE B Approved by the Office of Financial Services BY Appr by City Attomey BY� � .t,t ' 7 � � �t,,�� Approved by Mayor for Submission�uncil Adoption Certified by Co il Secretary gy. BY� //!//!l��/li/y�Ti�'J Approved by Mayo� Date ��� �a p p� Bv ��� /� �/-.-rn�.-� Council File # 08-1278 Green Sheet # 3063516 OF Presented by ORDINANCE PAUL, MINNESOTA An ordinance creating Chapter 53 of the Saint Paul Legislative Code requiring residential property owners to advise current and prospective tenants of contract for deed cancellations or notice of mortgage foreclosures 4 5 THE COUNCIL OF TFIE CITY OF SAINT PAUL DOES ORDAIN: Section 1 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 Chapter 53 of the Saint Paul Legislative Code is hereby enacted to read as follows: 53_Ol Obligation to disclose. An owner of residential roroperty who leases the propertv to another must notifv the tenant(s) and any third parfy�ayors in writing if the landlord receives a notice of a contract for deed cancellation under Minn. Stat. �559.21 or a notice of mortsage foreclosure sale under chapter 580 or 582. 53 Restriction on leasing. An owner of property who has received notice of a contract for deed cancellation ar mort�age foreclosure sale mav not enter into a oeriodic residential lease aereement without �ivin¢ the prospective tenant written notice that the landlord has received such notice, and the date on which the contract cancellation period or the mortgaqor's redemption neriod ends. 53_03 Form of notice. Anv notice required under this chanter shall be �iven bypersonal service with affidavit of service by a third narty or by certified mail return receipt requested, and must be eiven no later than ten calendar days after owner is notified of the en nding foreclosure or cancellation Proof of such service shall be nrovided to the Fire Marshal as reauired bv Saint Paul Legislative Code §40.09(a)(2). 53.Q4. Penalty for violation. Failure to comply with the rec�uirements of this chauter shall be a misdemeanor. Section 2 This ordinanoe shall take effect and be in force thiriy (30) days following its passage, approval and 36 publication os-iz�s 37 Yeas Nays Absent Bostrom Cartex Hatris Helgen Lantry Stazk Thune Adopted by Council: Date Adoprion Certified by Council Secretary By: Approved by Mayor: Date By: Requested by Departuient oE By: Approved by the Office of Financial Services By: Approved by City A�ttorney / BY� "� l „R_ � Appioved by Mayor r Submission to Council By: os—iz�s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � CO - Council Contact Person & Phone: CM Carter/Acooa Lee 266-8611 Must Be on Council Agenda by (Date): 19-NOV-08 Doc. Type:ORDINANCE E-Document Required: Y Document Contact: Contact Phone� 266-8610 13-NOV-OS I Green Sheet NO: 3063516 � Assign Number For Routing Order 0 Council —��--� 1 jCifv Atforney �, � 2 Cauncil ij —� 3 i CiN Clerk — 4 I �—� 5 ' � i � I To[al # of Signature Pages _(Clip All Locations for Signature) ____-_____.__- ____.._— _--_ _ .____ Action Requested: An ordmance creating Chapter 53 of the Saint Paul Leg�slative code requiring res�dential property owners m advise cuRent and prospectrve tenants of'contract for deed cancellations or notice of mortgage foreclosures. I ------ - -- i, Recommendations: Approve (A) or Re�ect (R): _!_ Plannmg Commission � CIB Committee Ciwl Service Commissian Personal Service Contrects Must Answer the Following Questions: 1. Has this person/irm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3 Does this persoNfirm possess a skili not normaily possessed by any wrrent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. In�tiating Probiem, Issues, OppoRunity (Who, What, When, Where, Why): �i Advantages If Approved: '�, DisadvantageslfApproved: Disadvantages If Not Approved: Tota{ Amount oi Transaction: Funding Source: Fi nancia l Information: (Ezplain) CostlRevenue Butlgeted: Activity Number: November 13, 2008 2:00 PM Page 1