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09-986Council File # 09-956 Substitute — 10/7/09 Green Sheet# 3077978 ORDINANCE �u � _ CIT�F,OF,SAINT PAUL, MINNESOTA � Presented by 1 SUBSTITUTE 2 An Ordinance Amending Chapter 43 of the Saint Paul Legislative Code to 3 Reflect Fee Increases For 2010 4 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �U�CIS/•/�� 6 � Section 1 �� � 2 700g 9 Section 43.03 of the Saint Paul Legislative Code is hereby amended to read as follows: lo 11 Sec. 43.03. Vacant building registration. 12 (a) The owner shall register with the enforcement officer not later than thirty (30) days after any 13 building in the city becomes a vacant building, as defined in section 43.02(7). 14 (b) The registration shall be submitted on forms provided by the enforcement officer and shall include 15 the following information supplied by the owner: 16 (1) A description of the premises; 1� (2) The names and addresses of the owner or owners; 1s (3) The names and addresses of all lrnown lien holders and all other parties with an ownership 19 interestin the building; 20 (4) The period of time the building is expected to remain vacant; and a plan and timetable for 21 returning the building to appropriate occupancy or use and/or for demolition of the building. 22 (5) A copy of any current Truth-in-Sale of Housing Disclosure Report as required by Saint Paul 23 Legislative Code Chapter 189. 24 (c) The owner shall submit a plan and timetable which must meet the approval of the enforcement 25 officer. The enforcement officer shall require wmpletion of the plan within a reasonable period of 26 time, up to three hundred sixty-five (365) days. The plan submitted shall comply with the provision 27 of Chapter 33 of the Saint Paul Legislative Code. Any repairs, improvements or alterations to the 28 property must comply with any applicable housing or building codes. 29 (d) All applicable laws and codes shall be complied with by the owner. The owner shall notify the 30 enforcement officer of any changes in information supplied as part of the vacant building 31 registration within thirty (30) days of the change. If the plan or timetable for the vacant building is 32 revised in any way, the revisions must meet the approval of the enforcement officer. 33 (e) The owner and the subsequent owners shall keep the building secured and safe and the building and 34 ground properly maintained until the rehabilitation or demolition has been completed. 35 (� Failure of the owner or any subsequent owner to maintain the building and premises that result in a 36 summary abatement completed by the city shall be grounds for revocation of the approved plan and 37 shall be subject to any applicable penalties provided by law. 38 (g) The new owner(s) shall register or re-register the vacant building with the enforcement officer 39 within thirty (30) days of any transfer of an ownership interest in a vacant building. The new 40 owner(s) shall comply with the approved plan and timetable submitted by the previous owner until 41 any proposed changes are submitted and meet the approval of the enforcement officer. 42 (h) Vacant building fees: �• •:. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (1) The owner of a vacant building shall pay an annual registration fee of one thousand one hundred dollars ($�89�A8 1,100.00) each year the building remains a vacant building. The registration fee is intended to at least partially recoup, and shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the city in monitoring the vacant building site. (2) The first annual fee shall be paid no later than thirty (30) days after the building becomes vacant. If the fee is not paid within thirty (30) days of being due, the owner shall be subject to prosecution as prescribed in section 43.05. (3) The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit. (4) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the annual fee no later than thirty (30) days after the transfer of ownership and subsequent annual fees shall be due on the new anniversary date. 56 (i) The enforcement officer shall include in the file any property-specific written statements from 57 community organizations, other interested parties or citizens regarding the history, problems, status 58 or blighting influence of a vacant building. 59 (j) Any building or portion of a building classified as a vacant building under this section shall be 6o posted with a placard by the enforcement officer. The placard shall include all the information 61 specified under Leg. Code § 34.23(3) (a)—(g). 62 63 64 Section 2 65 This Ordinance shall take effect and be in force on January 1, 2010 following its passage, approval and 66 publication. 67 68 � ' : ,r. NOU Q 2 2�,D� Requested by Department of: L /J� By ��?G;r(! /�ll�a� Appcoved by the Office of Financial Services By: Adopted by Council: Date �p �\ G� ( V✓' , Adopti ertifi Coun ' Secre�tary� By: Approved b r: Date [ a (� By: App y City Attomey B i ,<,C�. i .�� � �-�1 Appro e y yor Submiss� nto uncil By: � Green Sheet Green Sheet �• •:. Green Sheet Green Sheet Green Sheet Green Sheet ; DepartmentlO�ce/Councii: ; Date Initiated: ' � SI -Dept.ofSafety&Inspections ; ZgqUG2009 ' GPeeCI Sheet NO 3077978 j Contact Person & Phone: Bob Kessler I 266-9013 ',- Must Be on Council Agenda by (Date): � � ORDINANCE � I Doa Type: � E-DocumentRequired: Y � �i Document Contact: Robert Humphrey � j Contact Phone: 266-9123 . 0� ept af Safety & Inspections � 1 Dept of Safety & InsDections ' 2 CityAttorney 3 ;YIaroF's Oftice 4 'Couucil 5 CitV Clerk � � ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of an Ordinance amending Chapter 43 of [he Saint Paul Legislative Code to reflect fee increases for 2010. Recommendations: Approve (A) or Reject (R): i Personal Service Contmcts Must Answer the Following Questions: Planning Commission ' 1. Has this person/frm ever worked under a contract for this department? CIB Committee � Yes No Civil Service Commission 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 Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City's cost and responsibilities for vacant buildings have increased as the number of vacant buildings has grown. This legislation brings DSI closer to recovering actual costs foc vacant building monitoring. Ativantages If Approved: Disadvantages lf Approved: Disadvantages if Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Expiain) CosURevenue Budgeted: Activity Number: � Assign Number For Routing Order August 29, 2009 � 1:07 AM Page 1 DEPARTMENT OFSAFETY ANDINSPECTIONS Bob Kessler, Directar CITY OF SAINT PAUL Chrutopher B. Coleman, :Ylayor b/' 1 1�39��1 1• •'• 375 Jacksan Sbeet, Su:te 220 Telephoxe: 65/-266-8989 Samt Paul, Mmnesota »701-1806 Facsimde: 6.i/-266-4124 Web tivtiviv stflau( eov/dsi Date: August 25, 2009 To: Margaret Kelly, Director of Financial Services Fr: Bob Kessler, Director of Safety and Inspections �� Re: Proposed Vacant Building Monitoring Fee Increase Yor 2010—Revision to LCC 43.03 The Department of Safety and Inspections is proposing to increase the 2010 Vacant Building Monitoring fee by $100 from the current fee of $1,000 to $1,100. As you know the vacant building monitoring fee was established to cover the cost of monitoring and inspecting the vacant buildings in the City to make sure they are secure and not a public nuisance. The fees cover the cost of vacant building field inspectors, office staff who keep the records, and also the cost of police officers who respond to calls for service at vacant buildings. Historically, our full enforcement costs have not been covered by the fees assessed against the property. The City's costs and responsibilities for vacant buildings have increased as the number of vacant buildings has grown. The following chart shows the significant and dramatic increase in the number of vacant buildings in the last several years. Year End 2005 2006 2007 2008 2009 (7-31-09) Number of Buildings 735 1041 1681 2003 1820 The attached spreadsheet details the actual costs as calculated by staff to be in excess of $1,900 per stnxcture. Therefore a modest increase of $100.00 is well within the estimate of our total costs per structure. The decision for a modest 10% increase was made to avoid a steep and dramatic raising of the fee recognizing the reality of the present economic situation for all affected. Please let me know if you have any questions regazding this proposed fee increase. 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Vacant building registration. 11 (a) The owner shall register with the enforcement officer not later than thirty (30) days after any 12 building in the city becomes a vacant building, as defined in section 43.02(7). 13 (b) The registration shall be submitted on forms provided by the enforcement officer and shall include 14 the following information supplied by the owner: 15 (1) A description of the premises; 16 (2) The names and addresses of the owner or owners; 17 (3) The names and addresses of all known lien holders and all other parties with an ownership 18 interest in the building; i 9 (4) The period of time the building is expected to remain vacant; and a plan and timetable for 2o retuming the building to appropriate occupancy or use and/or for demolition of the building. 21 (5) A copy of any current Truth-in-Sale of Housing Disclosure Report as required by Saint Paul 22 Legislative Code Chapter 189. 23 (c) The owner shall submit a plan and timetable which must meet the approval of the enforcement 24 officer. The enforcement officer shall require completion of the plan within a reasonable period of 25 time, up to three hundred sixty-five (365) days. The plan submitted sha11 comply with the provision 26 of Chapter 33 of the Saint Paul Legislative Code. Any repairs, improvements or alterations to the 27 property must comply with any applicable housing or building codes. 28 (d) All applicable laws and codes shall be complied with by the owner. The owner shall notify the 29 enforcement officer of any changes in information supplied as part of the vacant building 30 registration within thirty (30) days of the change. If the plan or timetmble for the vacant building is 31 revised in any way, the revisions must meet the approval of the enforcement officer. 32 (e) The owner and the subsequent owners shall keep the building secured and safe and the building and 33 ground properly maintained until the rehabilitation or demolition has been completed. 34 ( fl Failure of the owner or any subsequent owner to maintain the building and premises that result in a 35 summary abatement completed by the city shall be grounds for revocation of the approved plan and 36 shall be subject to any applicable penalties provided by law. 37 (g) The new owner(s) shall register or re-register the vacant building with the enforcement officer 38 within thirty (30) days of any transfer of an ownership interest in a vacant building. The new 39 owner(s) shall comply with the approved plan and timetable submitted by the previous owner until 40 any proposed changes are submitted and meet the approval of the enforcement officer. 4i (h) Vacant building fees: � �,� �� 43 44 45 46 47 48 49 50 51 52 53 54 55 56 (1) The owner of a vacant building shall pay an annual registration fee of one thousand one hundred dollars ($�8AA:88 1.100.00) each yeaz the building remains a vacant building. The registration fee is intended to at least partially recoup, and shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the city in monitoring the vacant building site. (2) The first annual fee shall be paid no later than thirty (30) days after the building becomes vacant. If the fee is not paid within thirty (30) days of being due, the owner shall be subject to prosecution as prescribed in section 43.05. (3) The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit. (4) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the annual fee no later than thirty (30) days after the transfer of ownership and subsequent annual fees shall be due on the new anniversary date. 57 (i) The enforcement officer shall include in the file any property-specific written statements from 58 community organizations, other interested parties or citizens regarding the history, problems, status 59 ar blighting influence of a vacant building. 60 (j) Any building or portion of a building classified as a vacant building under this section shall be 61 posted with a placard by the enforcement officer. The placard shall include all the information 62 specified under Leg. Code § 34.23(3) (a)--(g). 63 64 65 Section 2 66 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and 67 publication. 68 69 Requested by Depariment of: By: Approved by Mayor: Date By: Approved By: Appr City Attbrfiey �— By: Approved y Mayor for Submission to uncil By: R.t�°—�:�E�� � Adopted by Council: Date �Q ���'�q Adoption Certi£ied by Cauncil Seciet r— �—