09-124Substitute 5/06109
ORDINANCE
Council File # 09-124
Green Sheet # 3066124
SAINT PAUL, MINNESOTA
Presented by
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1 SUBSTITUTE
2 An Ordinance Amending Chapter 43 of the Saint Paul Legislative Code
3 to Require Code Compliance Inspections and Excess Flow Valves
4 on a11 Category II and Category TII Vacant Buildings
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
8 Section 1
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10 Section 43.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
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12 Sec. 43.03. Vacant building registration.
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14 (a) The owner shall register with the enforcement officex not later than thirty (30) days after any building
15 in the city becomes a vacant building, as defined in section 43.02( �.
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(b) The registration shall be submitted on forms provided by the enforcement officer and shall include the
following information supplied by the owner:
(1) A descripfion of the premises;
(2) The names and addresses of the owner or owners;
(3) The names and addresses of all known lienholders and a11 other parties with an ownership
interest in the building;
(4) The period of time the building is expected to remain vacant; and a plan and timetable for
retuming the building to appropriate occupancy or use and/or for demolition of the building.
(5) A copy of any current Truth-in-Sale of Housing Disclosure Report as if required by Saint Paul
Legislative Code Chapter 189.
�c) The owner shall order and �av for a code compliance insuection in accordance with Saint Paul Le�
Code § 33 within sixty_(60) davs after the desienation of any building or portions thereof classified under
Saint Paul Lee. Code � 43.02('� as a cate�orv II or a cateeorv III vacant buildin� The code comnliance
inspection is required reeardless of the buildint's le¢al occupancv standard or intended use Owners of
category II or III vacant buildines on the effective date of this ordinance that have not ordered a code
comoliance inspection shall have sixt�(60) davs followinq the effective date of this ordinance to order and
pay for a code compliance inspection.
(d) In order to decrease the risk of fire, explosion or dangerous conditions the owner shall install an
excess flow automatic �as shut-off valve ("excess flow valve"1 on the building's eas �ipine immediately
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downstream of the gas meter outlet within sixtv (60) davs after the desienation of anv buildina or portions
thereof classified under Saint Paul Lee. Code � 43.02 (7) as a cateeorv II or a cateeorv III vacant buildin�
If the owner fails to install an excess flow valve, the enforcement officer, under the authority of Saint Paul
Leg. Code § 45. mav install the excess flow valve on the buildina and enter the building if necessarv. The
costs incurred b�the citv for installation of the excess flow valve shall be assessed a�ainst the propertv as a
sumniarv nuisance abatement under the provisions of Saint Paul Lee. Code � 45. Owners of cateQOr Iy I or
III vacant buildings with active water and �as service on the effective date of this ordinance shall have
sixt�(601 days following the effective date of this ordinance to install an excess flow valve. Priar to
installation of the excess flow valve, the owner, or another who can demonstrate a secured interest in the
�ropertv must obtain the required permits from the Department of Safetv and Inspections. Anv excess
flow valve model must be approved and installed as required bv the Department of Safetv and Inspections.
� The procedures in paraeraph (dl above may not be followed under the followine conditions:
(1) If the enforcement officer determines that failure to install an excess flow valve constitutes an
immediate danQer or hazazd which if not immediatelv addressed will endanger the uealth or safety
of the public, the citv mav proceed with an emer�encv abatement under the provisions of Saint Paul
Leg. Code § 45.12.
(2) The owner or another who can demonstrate a secured interest in the rp operty shall be exempt
from the requirements of subdivision (d) above if the followine conditions are met:
ji) The owner or another who can demonstrate a secured interest in the propertv has
re�istered the buildine as a vacant building with the enforcement officer• and
(iil After reeistration, the owner or another who can demonstrate a secured interest in the
property has received or ordered a code com�liance inspection and has shut off gas service
and winterized th�ropert�
(s � For all vacant buildinQS, �the owner shall submit a plan and timetable which must meet the approval
of the enforcement officer. The enforcement officer shall require completion of the plan within a
reasonable period of time, up to three hundred sixty-five (365) days. The plan submitted shall comply with
the provision of Chapter 33 of the Saint Paul Legislative Code. Any repairs, improvements or alterations to
the property must comply with any applicable housing or building codes.
78 (� g) All applicable laws and codes shall be complied with by the owner. The owner shall notify the
79 enforcement officer of any changes in information supplied as part of the vacant building registration
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within thirty (30) days of the change. If the plan or timetable for the vacant building is revised in any way,
the revisions must meet the approval of the enforcement officer.
(e h) The owner and the subsequent owners shall keep the building secured and safe and the building and
ground properly maintained until the rehabilitation or demolition has been completed.
(€ i) Failure of the owner or any subsequent owner to maintain the building and premises that result in a
suminazy abatement completed by the city shall be grounds for revocation of the approved plan and shall
be subject to any applicable penalties provided by law.
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89 (g j) The new owner(s) shall register or re-register the vacant building with the enforcement officer within
90 thirty (30) days of any transfer of an ownership interest in a vacant building. The new owner(s) shall
91 comply with the approved plan and timetable submitted by the previous owner until any proposed changes
92 are submitted and meet the approval of the enforcement officer.
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94 (}� k) Vacant building fees:
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96 (1) The owner of a vacant building shall pay an annual registration fee of one thousand dollazs
97 ($1,000.00) each year the building remains a vacant building. The registration fee is intended to at
98 least partially recoup, and shall be reasonably related to the administrative costs for registering and
99 processing the vacant building owner registration form and for the costs of the city in monitoring
100 the vacant building site.
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102 (2) The first annual fee shall be paid no later than thirty (30) days after the building becomes
103 vacant. Tf the fee is not paid within thirty (30) days of being due, the owner shall be subjecY to
104 prosecution as prescribed in section 43.05.
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106 (3) The fee shall be paid in full prior to the issuance of any building permits, with the exception of
107 a demolition permit.
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109 (4) All delinquent fees shall be paid by the owner prior to any transfer of an ownership inYerest in
110 any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the
111 annual fee no later than thirty (30) days after the transfer of ownership and subsequent annual fees
112 shall be due on the � original anniversary date.
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114 (i 1) The enforcement officer shall include in the file any property-specific written statements from
115 community arganizations, other interested parties or citizens regarding the history, problems, status or
116 blighting influence of a vacant building.
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118 (} m) Any building or portion of a building classified as a vacant building under this section shall be
119 posted with a placard by the enforcement officer. The placard shall include all the information specified
120 under Leg. Cade § 34.23(3)(a)--(g).
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Section 2.
This Ordinance shall take effect and be in force thiriy (30) days following its passage, approval
and publicataon.
����.lSN€�
JUN D E ZD��
Bostrom
Carter
Harris
Helgen
Requested by Department of:
By:
Requested by Aepartment of.
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Adopted by Council: Date ���G'��q
Adoption CertiSed by Council Secretary
sy: -� � � � �
Approve by o' ate Z
By:
By:
Approved by the Office of Financial Services
By:
Appr y City Attorne
By 1 .,�,�Q �'li.t,r.,i �-6 �0°1
Approved by Mayor for Submission to Council
f�
09-124
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� DepartmenYOfficelCouncil: ; Datelnitiated: GPP�P.I7 ShP.Pi� NO 3066124
� SI - Dept. of Safety & Inspections � ���_ �
Contad Person 8 Phone:
Bob Kessler
266-9013
Must Be on Council Agenda by (Date):
�; Doa Type: ORDINANCE
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Assign ,
Num6er
For �
�, Roulin9 ,
Order
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I E-DocumentRequired: Y
, DocumentConWct: �bertNumphray
'; Contact Phone: 266-9123
i, Total # of Signature Pages _(Clip All Locatians for Signature)
� Action Requested:
� Approval of an ordinance amending Chapter 43 of the Saint Paul LegislaHve Code to require code compliance inspections and urility
� shut offs and winterizations on all neglected Category II and Category IR vacant buildings.
Recommendations: Approve (A) or Reject (R):
Plannifg Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this personffirm ever worked under a contract for ihis department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
F�cplain ail yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
Neglected vacant buildings pose significant health and safety risks for Saint Paul residents and first responders such as firefighters and
police. This Ordinance requires that buildings that have been neglected by their owners have utilities shut off and wintarization
procedures performed.
AdvanWges tf Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:.
January 16, 2oo9 11:17 AM Page 1