97-1246aGtl35ti�'P'1n Tt' = cso� . �� �\q�'1
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Presented
Refeaed To
�{'(s�s !� ! L'a S Z
ii ��.
Council File # 7- Id �v
���0�� t��
Committee Date
A RESOLUTION ESTABLISHING POLICY Gi3IDELINES FOR A
CERTIFICATE OF OCCUPANCY REQUIREMENT FOR
NON-OWNER OCCUPIED ONE- AND TWO-IJNIT RENTAL DWELLINGS
1 WI�REAS, a certificate of occupancy requirement for non-owner occupied single family and
2 duplex residential housing will contribute to the health, safety and welfare of the cirizens of Saint
3 Paul by addressing the issue of properry deterioration and focusing increased attention on life
4 safety and other housing code violations; and
5 VVHEREAS, based on the Council Research report, A Study of Remedies for Chronic Problem
6 Properties, rental one- and two-unit properties comprise 16% of all one- and two-unit dwellings
7 and yet they are almost 50% of the City's chronic problem properties and almost 50% of the
8 Public Health code enforcement workload; and
9
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, there are approacimately 9,050 rental non-owner occupied one- and two-unit
dwellings in Saint Paul which are comprised of 3,550 duplexes and 5,500 single family homes;
and
WHEREAS, The Saint Paul Housing Policy for the 1990's: A Chapter of the Comprehensive
Plan, states that the City should explore policies which would provide for the regular inspection
of a11 rental housing in the City:
Policy 18: Regular Inspection of Rental Properly—Regular City inspection, through the
certificate of occupancy program, currently applies only to dwellings with three or more
units. Other properties are inspected on a complaint-driven basis. Health and building code
inspectors identify rental property as the primary dwellings generating complaints and
showing violations. Therefore, the City should explore the feasibility of e�ending periodic
code compliance inspections in some form to single family and duplex rental units not
covered under the certificate of occupancy program.
23 WHEREAS, the City's existing certificate of occupancy program, which provides far the regular
24 inspection of three ar more unit residential buildings and commercial structures, is widely
25 aclaiowledged to be successful in maintaining the safeiy of these dwellings; and
26 WHEREAS, the City's existing certificate of occupancy program chazges a minimum fee of $100
27 for the issuance and renewal of certificates of occupancy for residential dwellings and does not
28 charge a fee for the first reinspection and charges a minimum of a$50 reinspection fee for the
29 second and subsequent reinspections; and
o ( Green Sheet # 36414
� RESOLUTION
�� - �ay�
1 WF�REAS, the City's existing certificate of occupancy program provides a"check list," which
2 informs the public and property owners of specific City and state safety requirements, has widely
3 been acknowledged to be useful in preparation far a certificate of occupancy inspection; and
4 WHEREAS, the number of one- and two-unit rental buildings and their condition varies
5 significantly among the planning districts across the City; NOW THEREFORE BE IT
RESOLVED, that the Saint Paul Ciry Council with this resolution hereby adopts the following
guidelines for the certificate of occupancy program for the regulaz inspection of the City's one-
and two-unit rental dwellings. The guidelines shall be used to develop the fire mazshal's policy.
9 1) This requirement will apply to all non-owner-occupied one- and two-unit rental
10 dwellings;
11 2) Within ten years of the start of the program a11 non-owner occupied one- and two-unit
12 rental dwellings in the City will have a permanent, rather than provisional certificate of
13 occupancy or will have had their initial inspecrion and be in the process of receiving their
14 first certificate of occupancy;
15 3) Provisional certificates of occupancy wili be required on a�ia�rni ,� basis for
16 non-owner occupied one- and two-unit rental dwellings that have not had a certificate of
17 occupancy inspection;
18 4) For purposes of program administration the City will be divided into five groupings of
19 existing planning districts and divided such that they aze balanced as to the condition and
20 number of affected one- and two-unit rental dwellings as characterized on the attached
21 map;
22 5) Every two years the initial inspection of affected dwellings within one of the five
23 groupings will be concluded thus entering those properties into the certificate of
24 occupancy program on a nonprovisional basis;
25 6) The implementation schedule for the established inspection azeas should �;, ����
26 �ee�nr�o�ate and not limit the discretion of the fire mazshall to inspect rental dwellings
27 regardless of the area location and take enforcement acrion in response to a) complaints,
28 b) an excessive consumption of police, fire or code enforcement services, c)a history of
29 excessive code violations, d) a history of slow or noncompliance with inspection orders,
30 or e) the transfer or sale of an equitable or legal interest.
31 7) A checklist enumerating the code requirements affecting one- and two-unit non-owner
32 occupied rental dwellings should be developed for distribution to the general public and
33 proper[y owners when they apply for a provisional certificate of occupancy;
34 8) Over the ten year unplementation of this program citywide, approximately five
35 inspectors, one supervisor and two support staff posifions currently working in complaint-
36 based code enforcement will be used to supervise, support and conduct certificate of
37 occupancy inspections for non-owner occupied one- and two-unit dwellings;
a�-�ay�
1 9) The program will be supervised by existing City management staff;
2 10) Creation of two positions to undertake the initial certificate of occupancy inspection as
3 properties within the five geographic groupings move from provisional to permanent
4 ceriificate of occupancy status is necessary;
5 ll) The biannual fees for this program which may be changed from time to time by ordinance
6 will be as follows:
7 certificate of occupancy
8 single family $80
9 duplex $90
10 renewal: certificate of occupancy renewal
11 single family $80
12 duplex $90
13 reinspecfion: there is no chazge for the first reinspecrion
14 second and subsequentreinspections:
15 single family $40
16 duplex $45
17 provisional certificate of occupancy:
18 single family $25
19 duplex $25
20 BE IT FINALLY RESOLVED, that the City Council will allocate sufficient funds to cover initial
21 operating costs in the program (an estimated $60,000 in year one and $20,000 in year rivo). By
22 year three the program is expected to be self sustaining.
Requested by Depariment oE
�
Fozm Approved by City Attorney
�
Approved by Mayor for Submission to Councii
�
�
Adopted by Council: Date � �� _ (� ��'�"�
Adoption Certified by Council Secretazy
Megazd, 266-8640
October 8, 1997 Discussion
#
FOP
q��►��t�
GREEN SHEET �° 3 6 414
INITIAVDAiE M1ITIAL/DATE
DEPAHI'MEM DIflEGTOR � CRV COUNCIL
qTY A'rtORNEY � CITY CLERK
BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR.
MAVOR (OR ASSISTANn �
(CLIP ALL LOCATIONS FOR SIGNATURE}
Approval of resolurion establishing policy guidelines for a certificate of occupancy requirement for non-owner occupied one- and
two-unit rental dwellings. (Companion resolution for ordinance with greensheet #60900)
REPAMMENDATtONS:Approve(A)wRejeU(R) pERSONALSERVICECONTRACTSMUSTANSWERTNEFOILOWING�UESTIONS:
_ PLqNNMG COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this person/Firm ever worked untler a conVact tor this Aepartment? �
_ CIB COMMITfEE _ YES NO
— � A � � 2. Has lhis peCSOnffirtn ever been e ciry 0mpbyee?
YES NO
_ nl37fi�CT CoUFiT � $. Does Mis persoNfirm possess a skill not nortnally possessetl by any current city employee?
SUPPORTSWXICHCOUNCILOBJECTIVE7 YES NO
Explain all yes answe�s on seDarete sheet antl ettach to green sheet
ISSUE, OPPpRTUN1TY(Wlq, What,
The,state building code has been changed and now grants municipalities the option to extend a certificate of occupancy zequirement
to non-owner occupied one-and two-unit rentai dwellings.
The condirion of the City's non-owner occupied one-and two-unit rental dwellings will improve under a periodic and systemaflc
inspection program.
IF APPROVED:
None.
The condifion of the City's non-owner occupied one-and twaunit rental dwellings will impxove under a periodic and systematic
inspecrion progtam.
AMOUNT OF TRANSAC710N S$60.000 lIl FYJ$. $ZO,OOO IIl FYJ9 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE AC71VIiY NUMBEFi
coun�il F,le� _! Zy �
RESOLUTfON
CITY OF SAINT.PAUL, MINNESOTA
Presented
Refened To
A RESOLUTION ESTABLISHING POLICY GUIDELINES
Green Sheet # 36414
�Z7
Date
CERTIFICATE OF OCCUPANCY REQUIREMENT FOR
NON-OWNER OCCUPIED ONE- AND TWO-UNTT RENTAL D LLINGS
1 WI3EREAS, a certificate of occupancy requirement for non-owner occu ied single family and
2 duplex residenfial housing will contribute to the health, safety and we are of the citizens of Saint
3 Paui by addressing the issue of property deterioration and focusing ' creased attention on life
4 safety and other housing code violations; and
WHEREAS, based on the Council Research report, A Study o Remedies for Chronic Problem
Properties, rental one- and two-unit properties comprise 16 0 of all one- and two-unit dwellings
and yet they are almost 50% of the City's chronic proble properties and almost 50% of the
Public Health code enforcement workload; and
9 WHEREAS, there are approximately 9,050 rental
10 dwellings in Saint Paul which are comprised of 3
11 and �
12
13
14
15
16
17
18
19
20
21
22
WHEREAS,TheSaintPauZHousingPoli fc
Plan, states that the City should explore p ici
of all rental housing in the City:
-owner occupied one- and two-unit
duplexes and 5,500 single family homes;
the 1990's: A Chapter of the Comprehensive
which would provide for the regular inspection
Policy 18: Regular Inspection of ental Property—Regular City inspection, through the
certificate of occupancy progr , currently applies only to dwellings with three or more
units. Other properties are i pected on a complaint-driven basis. Health and building code
inspectors identify rental p perty as the primary dwellings generating complaints and
showing violations. The fore, the City should explore the feasibility of extending periodic
code compliance inspe 'ons in some form to single family and duplex rental units not
covered under the ce 'ficate of occupancy program. -
23 WHEREAS, the Ci s existing certificate of occupancy program, which provides for the regulaz
24 inspection of three r more unit residential buildings and commercial structures, is widely
25 acknowledged t e successful in maintaining the safety of these dwellings; and
26 WI�REA5 he City's existing certificate of occupancy program charges a minimum fee of $100
27 far the iss ance and renewal of certificates of occupancy for residential dwellings and does not
28 charge fee for the first reinspection and charges a minimum of a$50 reinspection fee for the
29 seco and subsequentreinspections;and
q��iay�
WI�REAS, the City's e�sting certificate of occupancy program provides a"check list," which
informs the public and property owners of specific City and state safety requirements, has widel,
been acknowledged to be useful in prepazafion for a certificate of occupancy inspection; and ,
WFIEREAS, the number of one- and two-unit rental buildings and their condition varies
significantly aruong the plauniug distnicts across the City; NOW THEREFORE BE IT
RESOLVED, that the Saint Paul City Council with this resolution hereby adopts the ollowing
guidelines for the certificate of occupancy prograsn for the regular inspection of th City's one-
and two-unit rental dwellings. T`he guidelines shall be used to develop the fire shal's policy.
9 1) This requirement will apply to a11 non-owner-occupied one- and tw -unit rental
10 dwellings;
i l 2) Within ten years of the start of the program all non-owner o upied one- and two-unit
12 rental dwellings in the City will have a permanent, rather an provasional certificate of
13 occupancy or will have had their nutial inspection and in the process of receiving their
14 first certificate of occupancy;
15
16
17
18
19
20
21
22
23
24
25
26
2�
28
29
30
31
32
33
34
35
36
37
3) Provisional certificates of occupancy will be req ' ed on a biannual basis for non-owner
occupied one- and two-unit rental dwellings th haue not had a certificate of occupancy
inspecrion;
4) For purposes of program administration e City will be divided into fave groupings of
existing plamiing districts and divided ch that they are balanced as to the condition and
number of affected one- and two-uni rental dwellings as characterized on the attached
map;
5) Every two years the initial ins ction of affected dwellings within one of the five
groupings will be concluded us entering those properties into the certificate of
occupancy program on a n provisional basis;
6) The nnplementation sc edule for the established inspection areas should accommodate
and not limit the dis etion of the fire mazshall to inspect rental dwellings regardless of
the area location take enforcement action in response to a) complaints, b) an
excessive con tion of police, fire ar code enforcement services, c)a history of
excessive code iolations, d) a history of slow or noncompliance with inspection orders,
or e) the tr er or sale of an equitable or legal interest.
7) A chec ' t enumerating the code requirements affecting on� and two-unit non-owner
occup' d rental dwellings shouid be developed for distribution to the general public and
prop rty owners when they apply for a provisional certificate of occupancy;
8) ver the ten year implementation of this program citywide, appro�mately five
inspectors, one supervisor and two support staff positions currently working in complaint-
based code enforcement will be used to supervise, support and conduct certificate of
occupancy inspections for non-owner occupied one- and two-unit dwellings;
��-1 �yG
�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
certificate of occupancy
single family $80
duplex $90
renewal: certificate of occupancy renewal
singie family $80
duplex $90
reinspection: there is no charge for the first
second and subsequentreinspections:
single family $40
duplex $45
provisional certificate of occupancy
single family $25
duplex $25
20 BE IT FINALLY RESOLVED, that the City
21 operating costs in the program (an estimated
22 year three the program is expected to be sel�
will allocate sulficient funds to cover initial
in year one and $20,000 in year two). By
sustaining.
Requested by Department oi
Blakey
Bostrom
Collins
Harris
Megazd
Morton
Thune
Adopted by Council:
Adoption Certifie�'by Council Secretary
�
Form Approved by City Attomey
L•�
Approved by Mayor for Submission to Council
�
9) The program will be supervised by existing City management stafF;
10) Creation of two positions to undertake the initial certificate of occupancy inspection
properties within the five geographic groupings move from provisional to permanen
certificate of occupancy status is necessary;
11) The biannual fees for this program wluch may be changed from time to time�y ordinance
will be as follows: /
Mayor:Date
,� :�
� f ���
`�
�-
ROBERTA MEGARD
Councilmember
CITY OF SAINT PAUL
OFFICE OF TEiE CITY COUNCTi.
310 Ciry Hall
Saint Paul, M13 55102
612/266-8640
Fax 612/266-8574
Internet roberta.megard@stpaul.gov
MEMORANDUM
October i, 1997
TO: Council President Dave Thune
Councilmember Jerry Blakey
Councilmember Mike Harris
Councilmember Joe Collins
Councilmember Dan Bostrom
Councilmember Gladys Morton
FROM: Councilmember Roberta Megard f�%/ ""
��_��.��
ANt1 D. CIESLAK
Legislative Aide
RE: Supporting Materials far the Proposed Certificate of Occupancy Requirement for
Non-Owner Occupied One- and Two-Unit Rental D��vellings
I am very happy to be sharing with you the ideas Dan Bostrom and I have been developing on a
Certificate of Occupancy Pro .n,�am for one-and two-unit non-owner occupied rental dwellings. I
believe that the legislation we are pzesenting to you provides a great opportunity for improving
the quality of housing in Saint Paul. The requirement would affect approximately 16°10 of all of
the City's single family homes and duplexes. We aze all familiar with the fact that this type of
housing tends to be in greater disrepair than their owner-occupied counter-parts. I also think we
are a11 fiustrated UZat the City has not positioned itself to help tenants, landlords and neighbors
better address these problems. I firmly believe that a systematic and periodic inspection program
wiil act to improve the quality of housing in our neighborhoods—one of our City's greatest
assets.
Based on Council Research estimates, this program will not be as expensive as has generally
been perceived. I believe it could even be argued that this approach to inspections is more
fiscally responsible because the users of these City services are paying a part of the City's
inspection costs, rather than all of the City's taxpayers. Tmplementing this program over ten
years would involve only about $64,000 in 1998 expenditures, and approximately $20,000 in
1999. From the year 2000 on, the program would be self-sustaining. T1us is the result of using
staff who are currently inspectors ar support staff in Public Health Code Enforcement
(interiorlexterior) program. Based on Council Research work on this and other projects, they
believe that almost'/2 of this staffs' workload is with rental one- and two-unit properties.
s�.<e
Prin[ed on RerycteA Paper
�� ��-y6
Tharefore, several of these stafFinay reasonably begin worldng on the certificate of occupancy
requirement, as the Public Health Code Enforcement complaint-based rental inspection function
decreases. This does not necessarily mean that these staff would be transferred, and it is our
intention to leave the specific considerations of staff and organization to the administration as
they develop plans and policies for the certificate o£ occupancy requirement's implementarion.
We asked Council Research to focus on the number of staff, not a proposal on their place in the
City's organizationai chart.
I look forwazd to talking fiu�tl�er to each of you as we deliberate on this certificate of occupancy
requirement, and anticipate that many of you will haue adeas to improve this program.
ag�endices:
Appendix A: Definitions
Appendix B: Budget of Gross Estimates of Revenues, Costs and Transfers
Appendix C: Biannual Revenue Streams
Appendix D: Hours of Inspection Time
Appendix E: Initial C of O Inspection Hours
Appendix F: C of O Reinspections and Complaint Inspection Hours
Appendix G: Revenues
. ,. . _ . - .. 'Sio-v ..c �-'��'.es��:; .
APPENDlX A � a,.y6
Certificate of Occupancy Program fior
Non-owner Occupied One- and Two-Unit Dwellings:
DEFINITIONS
Certificate of Occupancy (C of O} for i- and 2-Unit Residences: a local government regulation requiring
that die one and two-imit rentat properties (only those duplexes that are not homesteaded) in the City of Saint
Paul aze in compliance with all relevant portions of City and State fire, building, property maintenance,
plumbing and electric codes, etc. Buildings will be certified on a biannual basis (every two years). Notably,
there aze aspects of some of these codes which apply to lazger residential structures and commercial structures,
which do not apply to 1- and 2-unit residential buildings.
Initial Certificate of Occupancy Inspection for 1- and 2-Unit Residences: the first rime City inspectors go
into a dwelling included in this program where they make determinations as to whether the dwelling is in
compliance with the relevant codes or not If the dweiling is not in compliance with relevant codes the
inspector compiles a list of repairs andlor changes the structure needs in order tp comply with the codes.
Certificate of Occupancy Reinspecrion: the insQections that follow the initial inspection where the inspecwrs
deteimine if necessary repairs have been made and that the structure is now in compliance with relevant City
and State codes. The first reinspection has no City chazge associated with it, however, subsequent inspections
carry a charge equal to'/: the cost of the certificate of occupancy for the siructure, which pazallels the existing
C of0 program.
Compiaint-Based Inspecfion: the inspections that result from a citizen complaindcall for service which
indicates there may be a code violation in a given structtve. The inspection will deternune if there is a code
violation and orders will be issued where violarions aze found. Typically these inspections focus solely on the
item mentioned in the complaint, but other violations seen by the inspectors on these visits wiil be dealt with
appropriately.
Complaint-Based Reinspection: a reinspection which follows a complaint-based ins�ection where a code
violation was found and corrections orders issued. These reinspecfions follow the same fee struchue as regular
reinspections.
C of O Cycle: When the C of O program is implemented for 1- and 2 unit rental dwellings, the program will
be phased in, taking in several district councils every 2 years. So, for example, tlistricts 2, 6, I 1, and 13 would
be brought into the program in 1998 and 'uilual inspections and follow-up reinspections would be conducted
on those uniis for two years. Beginning in 200Q districts 2, 6, 11, and 13 would be "renewing" their C of O's
on a two yeaz cycle. Aiso in the yeaz 2000, districts 5 and 14 would join the program.
Owner Occupied Duplea: A 2-unit dwelling where 1 unit is the residence of the buiiding owner and the other
is rental.
Rentai Duplex: A 2-unit dwelling where both units aze rental.
Housing Conditions: the state of housing in a given azea based on the repairs or rehabilitation needed to bring
the imits into compliance with code requirements. The "1988 Saint Paul Housing Condition Survey" makes
these determinarions and esrimates the proportion of housing in an area that is saund, in need of minor repairs,
in need of major repairs, or unsound.
Housing Condition Muitipiier: this number was developed to take into account the added time invoived in
property inspection resulting from a wut not being in good or sound condirion. In praccice the "housing
condition mu(riplier" acts to arld on time in areas rated to have less sound housing. Therefore, an inspection in
an azea rated to have sound housing condirions will be estimated to take one hour, where an inspecrion in an
azea with generally poor housing conditions will be estimated to take two hours (1 hour x 2.0 housing condirion
muitiplier = 2 hours).
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CITY OF SAINT PAUL
Norm Cnlemm+. Mayor
December 2, 1997
Council President David Thune
and City Councilmembers
310 and 320 City Hal1
t5 West Kellogg Boulevard
Saint Paul, Minnesota 55102
390 Citr Halt � Telephorse: 612-266-8510
15 West Kellogg Boulevnrd Facsimile: 612-26b-SS13
Saint Paul, MN 55102
Regarding: Veto of Proposed Certificate of Occupancy �rdinance and Resolution
(Council Files 97-1246 and 97-1247)
� �
Dear Council Presideat Thune and C�o�ncilmembers:
�
I am returning to you, with my veto, the proposal to require a Certificate of Occupancy
(C of O) for one-and Ywo-family rental dwellings which are not occupied by the owner.
As I have said on many occasions, I agree with and support the goals of Yhe proposed
program. The quality of rental housing in Saint Paul is an importaat issue and instituting a
requirement that these rental units also meet the City's buitding, fire and property
maintenance codes is a goal I support.
To heip ensure that rental units meet these goals, we have had a very active Information
Exchange Task Force (a.k.a. Probiem Properties Task Force). The Task Force's activities
and actions have regularly been reported to you and your staff. The Task Force's
accomplishments include:
Creation of a full list of problem properties. Removal oFa property from this list
indicates the property's problems have been solved. Some 60 properties have
been removed from the list in the past two years.
Mazked improvements in building structure, and tenant and iandlord behavior in
several large rentai complexes—including those in the 1Vlidway, Rice Street,
Payne-Maryland and Battle Creek areas.
An increase in Task Force participation by landiord and tenant groups.
�
i. •
��_ la�c�
Council President and Councilmembers
December 2, 1998
Page 2
Nonethe(ess, I believe we will strengthen our neighborhoods by instituting a C of O
program that gives pdoriry to cleady identified problem properties, spec�fically those that
generate complaints. True problem properties should be the focus of any new progam.
The following are some of the flaws with the approved program:
The proposed program does not focus resources upon the important
issue--response to complaints about and inspection of problem properties. Such
an approach is especialty critical when we have scarce resources.
2, The proposed program is tao infleatible in its allocation of resources ta the
estabtishment of a systematic, geographically-based, ten-year inspection cycie of
properties as opposed to resources targeted for complaint responses. A better
approach, I believe, is to focus upon the inspection of problem properties and a
flexible schedule for re-inspection.
I have submitted a proposed budget to you and you have approved the maximum
levy for 1998. The costs of the proposed program are not inctuded in either the
budget or the maximum levy. You have not identified budget resources to pay
for the implementation of the proposed program.
As you may recall, our staff have not reached agreement on the totai costs of the
proposed program and the differences are substantia(. No budget resources have
been identified that would fund even the lower program costs identified in your
staff analysis. I do not support the use of fund balances, which are one-time
revenues, for the use of an ongoing program. Nor have you shown that the
proposed fees witl be adequate to cover program costs.
Nonetheless, I wili work with you to identify additional resources that could be
available for a C of 0 program in 1998.
fln November 19, you were told of my concerns with your ordinance and that, if passed
without modification, it would be subject to my veto. Since then, my staffhas attempted
to work with you on aitematives that address the weaknesses af the proposed program.
Unfortunately, our attempts to find common ground were unsuccessful. Regrettably, then,
I veto the actions you have taken because your approach has significant weaknesses and
better altematives are available to accompiish our joint goals.
°
Council Presideni and Counciimembers
December 2, 1998
Page 3
This veto should not halt the development and consideration of a workable and successfu]
C of O program. I invite you to work with me to design a new proposa(, one that focuses
upon probiem properties, and one that can be submitted to you in early 7anuary, 1998.
Sincerely,
N ��A��_
Norm Coleman
Mayor
c: Peg Birk
Phil Byrne
Steve Christie
Roger Curtis
Fire Chief Fuller
Peter Hames
Tim Manc
Joe Reid
Barb Renshaw
Gerry Strathman
Assistant Fire Chief Gary Trudeau
Fire Marshatl Steve Zaccard
aGtl35ti�'P'1n Tt' = cso� . �� �\q�'1
��
�� �
Presented
Refeaed To
�{'(s�s !� ! L'a S Z
ii ��.
Council File # 7- Id �v
���0�� t��
Committee Date
A RESOLUTION ESTABLISHING POLICY Gi3IDELINES FOR A
CERTIFICATE OF OCCUPANCY REQUIREMENT FOR
NON-OWNER OCCUPIED ONE- AND TWO-IJNIT RENTAL DWELLINGS
1 WI�REAS, a certificate of occupancy requirement for non-owner occupied single family and
2 duplex residential housing will contribute to the health, safety and welfare of the cirizens of Saint
3 Paul by addressing the issue of properry deterioration and focusing increased attention on life
4 safety and other housing code violations; and
5 VVHEREAS, based on the Council Research report, A Study of Remedies for Chronic Problem
6 Properties, rental one- and two-unit properties comprise 16% of all one- and two-unit dwellings
7 and yet they are almost 50% of the City's chronic problem properties and almost 50% of the
8 Public Health code enforcement workload; and
9
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, there are approacimately 9,050 rental non-owner occupied one- and two-unit
dwellings in Saint Paul which are comprised of 3,550 duplexes and 5,500 single family homes;
and
WHEREAS, The Saint Paul Housing Policy for the 1990's: A Chapter of the Comprehensive
Plan, states that the City should explore policies which would provide for the regular inspection
of a11 rental housing in the City:
Policy 18: Regular Inspection of Rental Properly—Regular City inspection, through the
certificate of occupancy program, currently applies only to dwellings with three or more
units. Other properties are inspected on a complaint-driven basis. Health and building code
inspectors identify rental property as the primary dwellings generating complaints and
showing violations. Therefore, the City should explore the feasibility of e�ending periodic
code compliance inspections in some form to single family and duplex rental units not
covered under the certificate of occupancy program.
23 WHEREAS, the City's existing certificate of occupancy program, which provides far the regular
24 inspection of three ar more unit residential buildings and commercial structures, is widely
25 aclaiowledged to be successful in maintaining the safeiy of these dwellings; and
26 WHEREAS, the City's existing certificate of occupancy program chazges a minimum fee of $100
27 for the issuance and renewal of certificates of occupancy for residential dwellings and does not
28 charge a fee for the first reinspection and charges a minimum of a$50 reinspection fee for the
29 second and subsequent reinspections; and
o ( Green Sheet # 36414
� RESOLUTION
�� - �ay�
1 WF�REAS, the City's existing certificate of occupancy program provides a"check list," which
2 informs the public and property owners of specific City and state safety requirements, has widely
3 been acknowledged to be useful in preparation far a certificate of occupancy inspection; and
4 WHEREAS, the number of one- and two-unit rental buildings and their condition varies
5 significantly among the planning districts across the City; NOW THEREFORE BE IT
RESOLVED, that the Saint Paul Ciry Council with this resolution hereby adopts the following
guidelines for the certificate of occupancy program for the regulaz inspection of the City's one-
and two-unit rental dwellings. The guidelines shall be used to develop the fire mazshal's policy.
9 1) This requirement will apply to all non-owner-occupied one- and two-unit rental
10 dwellings;
11 2) Within ten years of the start of the program a11 non-owner occupied one- and two-unit
12 rental dwellings in the City will have a permanent, rather than provisional certificate of
13 occupancy or will have had their initial inspecrion and be in the process of receiving their
14 first certificate of occupancy;
15 3) Provisional certificates of occupancy wili be required on a�ia�rni ,� basis for
16 non-owner occupied one- and two-unit rental dwellings that have not had a certificate of
17 occupancy inspection;
18 4) For purposes of program administration the City will be divided into five groupings of
19 existing planning districts and divided such that they aze balanced as to the condition and
20 number of affected one- and two-unit rental dwellings as characterized on the attached
21 map;
22 5) Every two years the initial inspection of affected dwellings within one of the five
23 groupings will be concluded thus entering those properties into the certificate of
24 occupancy program on a nonprovisional basis;
25 6) The implementation schedule for the established inspection azeas should �;, ����
26 �ee�nr�o�ate and not limit the discretion of the fire mazshall to inspect rental dwellings
27 regardless of the area location and take enforcement acrion in response to a) complaints,
28 b) an excessive consumption of police, fire or code enforcement services, c)a history of
29 excessive code violations, d) a history of slow or noncompliance with inspection orders,
30 or e) the transfer or sale of an equitable or legal interest.
31 7) A checklist enumerating the code requirements affecting one- and two-unit non-owner
32 occupied rental dwellings should be developed for distribution to the general public and
33 proper[y owners when they apply for a provisional certificate of occupancy;
34 8) Over the ten year unplementation of this program citywide, approximately five
35 inspectors, one supervisor and two support staff posifions currently working in complaint-
36 based code enforcement will be used to supervise, support and conduct certificate of
37 occupancy inspections for non-owner occupied one- and two-unit dwellings;
a�-�ay�
1 9) The program will be supervised by existing City management staff;
2 10) Creation of two positions to undertake the initial certificate of occupancy inspection as
3 properties within the five geographic groupings move from provisional to permanent
4 ceriificate of occupancy status is necessary;
5 ll) The biannual fees for this program which may be changed from time to time by ordinance
6 will be as follows:
7 certificate of occupancy
8 single family $80
9 duplex $90
10 renewal: certificate of occupancy renewal
11 single family $80
12 duplex $90
13 reinspecfion: there is no chazge for the first reinspecrion
14 second and subsequentreinspections:
15 single family $40
16 duplex $45
17 provisional certificate of occupancy:
18 single family $25
19 duplex $25
20 BE IT FINALLY RESOLVED, that the City Council will allocate sufficient funds to cover initial
21 operating costs in the program (an estimated $60,000 in year one and $20,000 in year rivo). By
22 year three the program is expected to be self sustaining.
Requested by Depariment oE
�
Fozm Approved by City Attorney
�
Approved by Mayor for Submission to Councii
�
�
Adopted by Council: Date � �� _ (� , ��q'�"�
Adoption Certified by Council Secretary
Megazd, 266-8640
October 8, 1997 Discussion
#
FOP
q��►��t�
GREEN SHEET �° 3 6 414
INITIAVDAiE M1ITIAL/DATE
DEPAHI'MEM DIflEGTOR � CRV COUNCIL
qTY A'rtORNEY � CITY CLERK
BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR.
MAVOR (OR ASSISTANn �
(CLIP ALL LOCATIONS FOR SIGNATURE}
Approval of resolurion establishing policy guidelines for a certificate of occupancy requirement for non-owner occupied one- and
two-unit rental dwellings. (Companion resolution for ordinance with greensheet #60900)
REPAMMENDATtONS:Approve(A)wRejeU(R) pERSONALSERVICECONTRACTSMUSTANSWERTNEFOILOWING�UESTIONS:
_ PLqNNMG COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this person/Firm ever worked untler a conVact tor this Aepartment? �
_ CIB COMMITfEE _ YES NO
— � A � � 2. Has lhis peCSOnffirtn ever been e ciry 0mpbyee?
YES NO
_ nl37fi�CT CoUFiT � $. Does Mis persoNfirm possess a skill not nortnally possessetl by any current city employee?
SUPPORTSWXICHCOUNCILOBJECTIVE7 YES NO
Explain all yes answe�s on seDarete sheet antl ettach to green sheet
ISSUE, OPPpRTUN1TY(Wlq, What,
The,state building code has been changed and now grants municipalities the option to extend a certificate of occupancy zequirement
to non-owner occupied one-and two-unit rentai dwellings.
The condirion of the City's non-owner occupied one-and two-unit rental dwellings will improve under a periodic and systemaflc
inspection program.
IF APPROVED:
None.
The condifion of the City's non-owner occupied one-and twaunit rental dwellings will impxove under a periodic and systematic
inspecrion progtam.
AMOUNT OF TRANSAC710N S$60.000 lIl FYJ$. $ZO,OOO IIl FYJ9 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE AC71VIiY NUMBEFi
coun�il F,le� _! Zy �
RESOLUTfON
CITY OF SAINT.PAUL, MINNESOTA
Presented
Refened To
A RESOLUTION ESTABLISHING POLICY GUIDELINES
Green Sheet # 36414
�Z7
Date
CERTIFICATE OF OCCUPANCY REQUIREMENT FOR
NON-OWNER OCCUPIED ONE- AND TWO-UNTT RENTAL D LLINGS
1 WI3EREAS, a certificate of occupancy requirement for non-owner occu ied single family and
2 duplex residenfial housing will contribute to the health, safety and we are of the citizens of Saint
3 Paui by addressing the issue of property deterioration and focusing ' creased attention on life
4 safety and other housing code violations; and
WHEREAS, based on the Council Research report, A Study o Remedies for Chronic Problem
Properties, rental one- and two-unit properties comprise 16 0 of all one- and two-unit dwellings
and yet they are almost 50% of the City's chronic proble properties and almost 50% of the
Public Health code enforcement workload; and
9 WHEREAS, there are approximately 9,050 rental
10 dwellings in Saint Paul which are comprised of 3
11 and �
12
13
14
15
16
17
18
19
20
21
22
WHEREAS,TheSaintPauZHousingPoli fc
Plan, states that the City should explore p ici
of all rental housing in the City:
-owner occupied one- and two-unit
duplexes and 5,500 single family homes;
the 1990's: A Chapter of the Comprehensive
which would provide for the regular inspection
Policy 18: Regular Inspection of ental Property—Regular City inspection, through the
certificate of occupancy progr , currently applies only to dwellings with three or more
units. Other properties are i pected on a complaint-driven basis. Health and building code
inspectors identify rental p perty as the primary dwellings generating complaints and
showing violations. The fore, the City should explore the feasibility of extending periodic
code compliance inspe 'ons in some form to single family and duplex rental units not
covered under the ce 'ficate of occupancy program. -
23 WHEREAS, the Ci s existing certificate of occupancy program, which provides for the regulaz
24 inspection of three r more unit residential buildings and commercial structures, is widely
25 acknowledged t e successful in maintaining the safety of these dwellings; and
26 WI�REA5 he City's existing certificate of occupancy program charges a minimum fee of $100
27 far the iss ance and renewal of certificates of occupancy for residential dwellings and does not
28 charge fee for the first reinspection and charges a minimum of a$50 reinspection fee for the
29 seco and subsequentreinspections;and
q��iay�
WI�REAS, the City's e�sting certificate of occupancy program provides a"check list," which
informs the public and property owners of specific City and state safety requirements, has widel,
been acknowledged to be useful in prepazafion for a certificate of occupancy inspection; and ,
WFIEREAS, the number of one- and two-unit rental buildings and their condition varies
significantly aruong the plauniug distnicts across the City; NOW THEREFORE BE IT
RESOLVED, that the Saint Paul City Council with this resolution hereby adopts the ollowing
guidelines for the certificate of occupancy prograsn for the regular inspection of th City's one-
and two-unit rental dwellings. T`he guidelines shall be used to develop the fire shal's policy.
9 1) This requirement will apply to a11 non-owner-occupied one- and tw -unit rental
10 dwellings;
i l 2) Within ten years of the start of the program all non-owner o upied one- and two-unit
12 rental dwellings in the City will have a permanent, rather an provasional certificate of
13 occupancy or will have had their nutial inspection and in the process of receiving their
14 first certificate of occupancy;
15
16
17
18
19
20
21
22
23
24
25
26
2�
28
29
30
31
32
33
34
35
36
37
3) Provisional certificates of occupancy will be req ' ed on a biannual basis for non-owner
occupied one- and two-unit rental dwellings th haue not had a certificate of occupancy
inspecrion;
4) For purposes of program administration e City will be divided into fave groupings of
existing plamiing districts and divided ch that they are balanced as to the condition and
number of affected one- and two-uni rental dwellings as characterized on the attached
map;
5) Every two years the initial ins ction of affected dwellings within one of the five
groupings will be concluded us entering those properties into the certificate of
occupancy program on a n provisional basis;
6) The nnplementation sc edule for the established inspection areas should accommodate
and not limit the dis etion of the fire mazshall to inspect rental dwellings regardless of
the area location take enforcement action in response to a) complaints, b) an
excessive con tion of police, fire ar code enforcement services, c)a history of
excessive code iolations, d) a history of slow or noncompliance with inspection orders,
or e) the tr er or sale of an equitable or legal interest.
7) A chec ' t enumerating the code requirements affecting on� and two-unit non-owner
occup' d rental dwellings shouid be developed for distribution to the general public and
prop rty owners when they apply for a provisional certificate of occupancy;
8) ver the ten year implementation of this program citywide, appro�mately five
inspectors, one supervisor and two support staff positions currently working in complaint-
based code enforcement will be used to supervise, support and conduct certificate of
occupancy inspections for non-owner occupied one- and two-unit dwellings;
��-1 �yG
�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
certificate of occupancy
single family $80
duplex $90
renewal: certificate of occupancy renewal
singie family $80
duplex $90
reinspection: there is no charge for the first
second and subsequentreinspections:
single family $40
duplex $45
provisional certificate of occupancy
single family $25
duplex $25
20 BE IT FINALLY RESOLVED, that the City
21 operating costs in the program (an estimated
22 year three the program is expected to be sel�
will allocate sulficient funds to cover initial
in year one and $20,000 in year two). By
sustaining.
Requested by Department oi
Blakey
Bostrom
Collins
Harris
Megazd
Morton
Thune
Adopted by Council:
Adoption Certifie�'by Council Secretary
�
Form Approved by City Attomey
L•�
Approved by Mayor for Submission to Council
�
9) The program will be supervised by existing City management stafF;
10) Creation of two positions to undertake the initial certificate of occupancy inspection
properties within the five geographic groupings move from provisional to permanen
certificate of occupancy status is necessary;
11) The biannual fees for this program wluch may be changed from time to time�y ordinance
will be as follows: /
Mayor:Date
,� :�
� f ���
`�
�-
ROBERTA MEGARD
Councilmember
CITY OF SAINT PAUL
OFFICE OF TEiE CITY COUNCTi.
310 Ciry Hall
Saint Paul, M13 55102
612/266-8640
Fax 612/266-8574
Internet roberta.megard@stpaul.gov
MEMORANDUM
October i, 1997
TO: Council President Dave Thune
Councilmember Jerry Blakey
Councilmember Mike Harris
Councilmember Joe Collins
Councilmember Dan Bostrom
Councilmember Gladys Morton
FROM: Councilmember Roberta Megard f�%/ ""
��_��.��
ANt1 D. CIESLAK
Legislative Aide
RE: Supporting Materials far the Proposed Certificate of Occupancy Requirement for
Non-Owner Occupied One- and Two-Unit Rental D��vellings
I am very happy to be sharing with you the ideas Dan Bostrom and I have been developing on a
Certificate of Occupancy Pro .n,�am for one-and two-unit non-owner occupied rental dwellings. I
believe that the legislation we are pzesenting to you provides a great opportunity for improving
the quality of housing in Saint Paul. The requirement would affect approximately 16°10 of all of
the City's single family homes and duplexes. We aze all familiar with the fact that this type of
housing tends to be in greater disrepair than their owner-occupied counter-parts. I also think we
are a11 fiustrated UZat the City has not positioned itself to help tenants, landlords and neighbors
better address these problems. I firmly believe that a systematic and periodic inspection program
wiil act to improve the quality of housing in our neighborhoods—one of our City's greatest
assets.
Based on Council Research estimates, this program will not be as expensive as has generally
been perceived. I believe it could even be argued that this approach to inspections is more
fiscally responsible because the users of these City services are paying a part of the City's
inspection costs, rather than all of the City's taxpayers. Tmplementing this program over ten
years would involve only about $64,000 in 1998 expenditures, and approximately $20,000 in
1999. From the year 2000 on, the program would be self-sustaining. T1us is the result of using
staff who are currently inspectors ar support staff in Public Health Code Enforcement
(interiorlexterior) program. Based on Council Research work on this and other projects, they
believe that almost'/2 of this staffs' workload is with rental one- and two-unit properties.
s�.<e
Prin[ed on RerycteA Paper
�� ��-y6
Tharefore, several of these stafFinay reasonably begin worldng on the certificate of occupancy
requirement, as the Public Health Code Enforcement complaint-based rental inspection function
decreases. This does not necessarily mean that these staff would be transferred, and it is our
intention to leave the specific considerations of staff and organization to the administration as
they develop plans and policies for the certificate o£ occupancy requirement's implementarion.
We asked Council Research to focus on the number of staff, not a proposal on their place in the
City's organizationai chart.
I look forwazd to talking fiu�tl�er to each of you as we deliberate on this certificate of occupancy
requirement, and anticipate that many of you will haue adeas to improve this program.
ag�endices:
Appendix A: Definitions
Appendix B: Budget of Gross Estimates of Revenues, Costs and Transfers
Appendix C: Biannual Revenue Streams
Appendix D: Hours of Inspection Time
Appendix E: Initial C of O Inspection Hours
Appendix F: C of O Reinspections and Complaint Inspection Hours
Appendix G: Revenues
. ,. . _ . - .. 'Sio-v ..c �-'��'.es��:; .
APPENDlX A � a,.y6
Certificate of Occupancy Program fior
Non-owner Occupied One- and Two-Unit Dwellings:
DEFINITIONS
Certificate of Occupancy (C of O} for i- and 2-Unit Residences: a local government regulation requiring
that die one and two-imit rentat properties (only those duplexes that are not homesteaded) in the City of Saint
Paul aze in compliance with all relevant portions of City and State fire, building, property maintenance,
plumbing and electric codes, etc. Buildings will be certified on a biannual basis (every two years). Notably,
there aze aspects of some of these codes which apply to lazger residential structures and commercial structures,
which do not apply to 1- and 2-unit residential buildings.
Initial Certificate of Occupancy Inspection for 1- and 2-Unit Residences: the first rime City inspectors go
into a dwelling included in this program where they make determinations as to whether the dwelling is in
compliance with the relevant codes or not If the dweiling is not in compliance with relevant codes the
inspector compiles a list of repairs andlor changes the structure needs in order tp comply with the codes.
Certificate of Occupancy Reinspecrion: the insQections that follow the initial inspection where the inspecwrs
deteimine if necessary repairs have been made and that the structure is now in compliance with relevant City
and State codes. The first reinspection has no City chazge associated with it, however, subsequent inspections
carry a charge equal to'/: the cost of the certificate of occupancy for the siructure, which pazallels the existing
C of0 program.
Compiaint-Based Inspecfion: the inspections that result from a citizen complaindcall for service which
indicates there may be a code violation in a given structtve. The inspection will deternune if there is a code
violation and orders will be issued where violarions aze found. Typically these inspections focus solely on the
item mentioned in the complaint, but other violations seen by the inspectors on these visits wiil be dealt with
appropriately.
Complaint-Based Reinspection: a reinspection which follows a complaint-based ins�ection where a code
violation was found and corrections orders issued. These reinspecfions follow the same fee struchue as regular
reinspections.
C of O Cycle: When the C of O program is implemented for 1- and 2 unit rental dwellings, the program will
be phased in, taking in several district councils every 2 years. So, for example, tlistricts 2, 6, I 1, and 13 would
be brought into the program in 1998 and 'uilual inspections and follow-up reinspections would be conducted
on those uniis for two years. Beginning in 200Q districts 2, 6, 11, and 13 would be "renewing" their C of O's
on a two yeaz cycle. Aiso in the yeaz 2000, districts 5 and 14 would join the program.
Owner Occupied Duplea: A 2-unit dwelling where 1 unit is the residence of the buiiding owner and the other
is rental.
Rentai Duplex: A 2-unit dwelling where both units aze rental.
Housing Conditions: the state of housing in a given azea based on the repairs or rehabilitation needed to bring
the imits into compliance with code requirements. The "1988 Saint Paul Housing Condition Survey" makes
these determinarions and esrimates the proportion of housing in an area that is saund, in need of minor repairs,
in need of major repairs, or unsound.
Housing Condition Muitipiier: this number was developed to take into account the added time invoived in
property inspection resulting from a wut not being in good or sound condirion. In praccice the "housing
condition mu(riplier" acts to arld on time in areas rated to have less sound housing. Therefore, an inspection in
an azea rated to have sound housing condirions will be estimated to take one hour, where an inspecrion in an
azea with generally poor housing conditions will be estimated to take two hours (1 hour x 2.0 housing condirion
muitiplier = 2 hours).
�
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CITY OF SAINT PAUL
Norm Cnlemm+. Mayor
December 2, 1997
Council President David Thune
and City Councilmembers
310 and 320 City Hal1
t5 West Kellogg Boulevard
Saint Paul, Minnesota 55102
390 Citr Halt � Telephorse: 612-266-8510
15 West Kellogg Boulevnrd Facsimile: 612-26b-SS13
Saint Paul, MN 55102
Regarding: Veto of Proposed Certificate of Occupancy �rdinance and Resolution
(Council Files 97-1246 and 97-1247)
� �
Dear Council Presideat Thune and C�o�ncilmembers:
�
I am returning to you, with my veto, the proposal to require a Certificate of Occupancy
(C of O) for one-and Ywo-family rental dwellings which are not occupied by the owner.
As I have said on many occasions, I agree with and support the goals of Yhe proposed
program. The quality of rental housing in Saint Paul is an importaat issue and instituting a
requirement that these rental units also meet the City's buitding, fire and property
maintenance codes is a goal I support.
To heip ensure that rental units meet these goals, we have had a very active Information
Exchange Task Force (a.k.a. Probiem Properties Task Force). The Task Force's activities
and actions have regularly been reported to you and your staff. The Task Force's
accomplishments include:
Creation of a full list of problem properties. Removal oFa property from this list
indicates the property's problems have been solved. Some 60 properties have
been removed from the list in the past two years.
Mazked improvements in building structure, and tenant and iandlord behavior in
several large rentai complexes—including those in the 1Vlidway, Rice Street,
Payne-Maryland and Battle Creek areas.
An increase in Task Force participation by landiord and tenant groups.
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Council President and Councilmembers
December 2, 1998
Page 2
Nonethe(ess, I believe we will strengthen our neighborhoods by instituting a C of O
program that gives pdoriry to cleady identified problem properties, spec�fically those that
generate complaints. True problem properties should be the focus of any new progam.
The following are some of the flaws with the approved program:
The proposed program does not focus resources upon the important
issue--response to complaints about and inspection of problem properties. Such
an approach is especialty critical when we have scarce resources.
2, The proposed program is tao infleatible in its allocation of resources ta the
estabtishment of a systematic, geographically-based, ten-year inspection cycie of
properties as opposed to resources targeted for complaint responses. A better
approach, I believe, is to focus upon the inspection of problem properties and a
flexible schedule for re-inspection.
I have submitted a proposed budget to you and you have approved the maximum
levy for 1998. The costs of the proposed program are not inctuded in either the
budget or the maximum levy. You have not identified budget resources to pay
for the implementation of the proposed program.
As you may recall, our staff have not reached agreement on the totai costs of the
proposed program and the differences are substantia(. No budget resources have
been identified that would fund even the lower program costs identified in your
staff analysis. I do not support the use of fund balances, which are one-time
revenues, for the use of an ongoing program. Nor have you shown that the
proposed fees witl be adequate to cover program costs.
Nonetheless, I wili work with you to identify additional resources that could be
available for a C of 0 program in 1998.
fln November 19, you were told of my concerns with your ordinance and that, if passed
without modification, it would be subject to my veto. Since then, my staffhas attempted
to work with you on aitematives that address the weaknesses af the proposed program.
Unfortunately, our attempts to find common ground were unsuccessful. Regrettably, then,
I veto the actions you have taken because your approach has significant weaknesses and
better altematives are available to accompiish our joint goals.
°
Council Presideni and Counciimembers
December 2, 1998
Page 3
This veto should not halt the development and consideration of a workable and successfu]
C of O program. I invite you to work with me to design a new proposa(, one that focuses
upon probiem properties, and one that can be submitted to you in early 7anuary, 1998.
Sincerely,
N ��A��_
Norm Coleman
Mayor
c: Peg Birk
Phil Byrne
Steve Christie
Roger Curtis
Fire Chief Fuller
Peter Hames
Tim Manc
Joe Reid
Barb Renshaw
Gerry Strathman
Assistant Fire Chief Gary Trudeau
Fire Marshatl Steve Zaccard
aGtl35ti�'P'1n Tt' = cso� . �� �\q�'1
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Presented
Refeaed To
�{'(s�s !� ! L'a S Z
ii ��.
Council File # 7- Id �v
���0�� t��
Committee Date
A RESOLUTION ESTABLISHING POLICY Gi3IDELINES FOR A
CERTIFICATE OF OCCUPANCY REQUIREMENT FOR
NON-OWNER OCCUPIED ONE- AND TWO-IJNIT RENTAL DWELLINGS
1 WI�REAS, a certificate of occupancy requirement for non-owner occupied single family and
2 duplex residential housing will contribute to the health, safety and welfare of the cirizens of Saint
3 Paul by addressing the issue of properry deterioration and focusing increased attention on life
4 safety and other housing code violations; and
5 VVHEREAS, based on the Council Research report, A Study of Remedies for Chronic Problem
6 Properties, rental one- and two-unit properties comprise 16% of all one- and two-unit dwellings
7 and yet they are almost 50% of the City's chronic problem properties and almost 50% of the
8 Public Health code enforcement workload; and
9
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, there are approacimately 9,050 rental non-owner occupied one- and two-unit
dwellings in Saint Paul which are comprised of 3,550 duplexes and 5,500 single family homes;
and
WHEREAS, The Saint Paul Housing Policy for the 1990's: A Chapter of the Comprehensive
Plan, states that the City should explore policies which would provide for the regular inspection
of a11 rental housing in the City:
Policy 18: Regular Inspection of Rental Properly—Regular City inspection, through the
certificate of occupancy program, currently applies only to dwellings with three or more
units. Other properties are inspected on a complaint-driven basis. Health and building code
inspectors identify rental property as the primary dwellings generating complaints and
showing violations. Therefore, the City should explore the feasibility of e�ending periodic
code compliance inspections in some form to single family and duplex rental units not
covered under the certificate of occupancy program.
23 WHEREAS, the City's existing certificate of occupancy program, which provides far the regular
24 inspection of three ar more unit residential buildings and commercial structures, is widely
25 aclaiowledged to be successful in maintaining the safeiy of these dwellings; and
26 WHEREAS, the City's existing certificate of occupancy program chazges a minimum fee of $100
27 for the issuance and renewal of certificates of occupancy for residential dwellings and does not
28 charge a fee for the first reinspection and charges a minimum of a$50 reinspection fee for the
29 second and subsequent reinspections; and
o ( Green Sheet # 36414
� RESOLUTION
�� - �ay�
1 WF�REAS, the City's existing certificate of occupancy program provides a"check list," which
2 informs the public and property owners of specific City and state safety requirements, has widely
3 been acknowledged to be useful in preparation far a certificate of occupancy inspection; and
4 WHEREAS, the number of one- and two-unit rental buildings and their condition varies
5 significantly among the planning districts across the City; NOW THEREFORE BE IT
RESOLVED, that the Saint Paul Ciry Council with this resolution hereby adopts the following
guidelines for the certificate of occupancy program for the regulaz inspection of the City's one-
and two-unit rental dwellings. The guidelines shall be used to develop the fire mazshal's policy.
9 1) This requirement will apply to all non-owner-occupied one- and two-unit rental
10 dwellings;
11 2) Within ten years of the start of the program a11 non-owner occupied one- and two-unit
12 rental dwellings in the City will have a permanent, rather than provisional certificate of
13 occupancy or will have had their initial inspecrion and be in the process of receiving their
14 first certificate of occupancy;
15 3) Provisional certificates of occupancy wili be required on a�ia�rni ,� basis for
16 non-owner occupied one- and two-unit rental dwellings that have not had a certificate of
17 occupancy inspection;
18 4) For purposes of program administration the City will be divided into five groupings of
19 existing planning districts and divided such that they aze balanced as to the condition and
20 number of affected one- and two-unit rental dwellings as characterized on the attached
21 map;
22 5) Every two years the initial inspection of affected dwellings within one of the five
23 groupings will be concluded thus entering those properties into the certificate of
24 occupancy program on a nonprovisional basis;
25 6) The implementation schedule for the established inspection azeas should �;, ����
26 �ee�nr�o�ate and not limit the discretion of the fire mazshall to inspect rental dwellings
27 regardless of the area location and take enforcement acrion in response to a) complaints,
28 b) an excessive consumption of police, fire or code enforcement services, c)a history of
29 excessive code violations, d) a history of slow or noncompliance with inspection orders,
30 or e) the transfer or sale of an equitable or legal interest.
31 7) A checklist enumerating the code requirements affecting one- and two-unit non-owner
32 occupied rental dwellings should be developed for distribution to the general public and
33 proper[y owners when they apply for a provisional certificate of occupancy;
34 8) Over the ten year unplementation of this program citywide, approximately five
35 inspectors, one supervisor and two support staff posifions currently working in complaint-
36 based code enforcement will be used to supervise, support and conduct certificate of
37 occupancy inspections for non-owner occupied one- and two-unit dwellings;
a�-�ay�
1 9) The program will be supervised by existing City management staff;
2 10) Creation of two positions to undertake the initial certificate of occupancy inspection as
3 properties within the five geographic groupings move from provisional to permanent
4 ceriificate of occupancy status is necessary;
5 ll) The biannual fees for this program which may be changed from time to time by ordinance
6 will be as follows:
7 certificate of occupancy
8 single family $80
9 duplex $90
10 renewal: certificate of occupancy renewal
11 single family $80
12 duplex $90
13 reinspecfion: there is no chazge for the first reinspecrion
14 second and subsequentreinspections:
15 single family $40
16 duplex $45
17 provisional certificate of occupancy:
18 single family $25
19 duplex $25
20 BE IT FINALLY RESOLVED, that the City Council will allocate sufficient funds to cover initial
21 operating costs in the program (an estimated $60,000 in year one and $20,000 in year rivo). By
22 year three the program is expected to be self sustaining.
Requested by Depariment oE
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Fozm Approved by City Attorney
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Approved by Mayor for Submission to Councii
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Adopted by Council: Date � �� _ (� , ��q'�"�
Adoption Certified by Council Secretary
Megazd, 266-8640
October 8, 1997 Discussion
#
FOP
q��►��t�
GREEN SHEET �° 3 6 414
INITIAVDAiE M1ITIAL/DATE
DEPAHI'MEM DIflEGTOR � CRV COUNCIL
qTY A'rtORNEY � CITY CLERK
BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR.
MAVOR (OR ASSISTANn �
(CLIP ALL LOCATIONS FOR SIGNATURE}
Approval of resolurion establishing policy guidelines for a certificate of occupancy requirement for non-owner occupied one- and
two-unit rental dwellings. (Companion resolution for ordinance with greensheet #60900)
REPAMMENDATtONS:Approve(A)wRejeU(R) pERSONALSERVICECONTRACTSMUSTANSWERTNEFOILOWING�UESTIONS:
_ PLqNNMG COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this person/Firm ever worked untler a conVact tor this Aepartment? �
_ CIB COMMITfEE _ YES NO
— � A � � 2. Has lhis peCSOnffirtn ever been e ciry 0mpbyee?
YES NO
_ nl37fi�CT CoUFiT � $. Does Mis persoNfirm possess a skill not nortnally possessetl by any current city employee?
SUPPORTSWXICHCOUNCILOBJECTIVE7 YES NO
Explain all yes answe�s on seDarete sheet antl ettach to green sheet
ISSUE, OPPpRTUN1TY(Wlq, What,
The,state building code has been changed and now grants municipalities the option to extend a certificate of occupancy zequirement
to non-owner occupied one-and two-unit rentai dwellings.
The condirion of the City's non-owner occupied one-and two-unit rental dwellings will improve under a periodic and systemaflc
inspection program.
IF APPROVED:
None.
The condifion of the City's non-owner occupied one-and twaunit rental dwellings will impxove under a periodic and systematic
inspecrion progtam.
AMOUNT OF TRANSAC710N S$60.000 lIl FYJ$. $ZO,OOO IIl FYJ9 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE AC71VIiY NUMBEFi
coun�il F,le� _! Zy �
RESOLUTfON
CITY OF SAINT.PAUL, MINNESOTA
Presented
Refened To
A RESOLUTION ESTABLISHING POLICY GUIDELINES
Green Sheet # 36414
�Z7
Date
CERTIFICATE OF OCCUPANCY REQUIREMENT FOR
NON-OWNER OCCUPIED ONE- AND TWO-UNTT RENTAL D LLINGS
1 WI3EREAS, a certificate of occupancy requirement for non-owner occu ied single family and
2 duplex residenfial housing will contribute to the health, safety and we are of the citizens of Saint
3 Paui by addressing the issue of property deterioration and focusing ' creased attention on life
4 safety and other housing code violations; and
WHEREAS, based on the Council Research report, A Study o Remedies for Chronic Problem
Properties, rental one- and two-unit properties comprise 16 0 of all one- and two-unit dwellings
and yet they are almost 50% of the City's chronic proble properties and almost 50% of the
Public Health code enforcement workload; and
9 WHEREAS, there are approximately 9,050 rental
10 dwellings in Saint Paul which are comprised of 3
11 and �
12
13
14
15
16
17
18
19
20
21
22
WHEREAS,TheSaintPauZHousingPoli fc
Plan, states that the City should explore p ici
of all rental housing in the City:
-owner occupied one- and two-unit
duplexes and 5,500 single family homes;
the 1990's: A Chapter of the Comprehensive
which would provide for the regular inspection
Policy 18: Regular Inspection of ental Property—Regular City inspection, through the
certificate of occupancy progr , currently applies only to dwellings with three or more
units. Other properties are i pected on a complaint-driven basis. Health and building code
inspectors identify rental p perty as the primary dwellings generating complaints and
showing violations. The fore, the City should explore the feasibility of extending periodic
code compliance inspe 'ons in some form to single family and duplex rental units not
covered under the ce 'ficate of occupancy program. -
23 WHEREAS, the Ci s existing certificate of occupancy program, which provides for the regulaz
24 inspection of three r more unit residential buildings and commercial structures, is widely
25 acknowledged t e successful in maintaining the safety of these dwellings; and
26 WI�REA5 he City's existing certificate of occupancy program charges a minimum fee of $100
27 far the iss ance and renewal of certificates of occupancy for residential dwellings and does not
28 charge fee for the first reinspection and charges a minimum of a$50 reinspection fee for the
29 seco and subsequentreinspections;and
q��iay�
WI�REAS, the City's e�sting certificate of occupancy program provides a"check list," which
informs the public and property owners of specific City and state safety requirements, has widel,
been acknowledged to be useful in prepazafion for a certificate of occupancy inspection; and ,
WFIEREAS, the number of one- and two-unit rental buildings and their condition varies
significantly aruong the plauniug distnicts across the City; NOW THEREFORE BE IT
RESOLVED, that the Saint Paul City Council with this resolution hereby adopts the ollowing
guidelines for the certificate of occupancy prograsn for the regular inspection of th City's one-
and two-unit rental dwellings. T`he guidelines shall be used to develop the fire shal's policy.
9 1) This requirement will apply to a11 non-owner-occupied one- and tw -unit rental
10 dwellings;
i l 2) Within ten years of the start of the program all non-owner o upied one- and two-unit
12 rental dwellings in the City will have a permanent, rather an provasional certificate of
13 occupancy or will have had their nutial inspection and in the process of receiving their
14 first certificate of occupancy;
15
16
17
18
19
20
21
22
23
24
25
26
2�
28
29
30
31
32
33
34
35
36
37
3) Provisional certificates of occupancy will be req ' ed on a biannual basis for non-owner
occupied one- and two-unit rental dwellings th haue not had a certificate of occupancy
inspecrion;
4) For purposes of program administration e City will be divided into fave groupings of
existing plamiing districts and divided ch that they are balanced as to the condition and
number of affected one- and two-uni rental dwellings as characterized on the attached
map;
5) Every two years the initial ins ction of affected dwellings within one of the five
groupings will be concluded us entering those properties into the certificate of
occupancy program on a n provisional basis;
6) The nnplementation sc edule for the established inspection areas should accommodate
and not limit the dis etion of the fire mazshall to inspect rental dwellings regardless of
the area location take enforcement action in response to a) complaints, b) an
excessive con tion of police, fire ar code enforcement services, c)a history of
excessive code iolations, d) a history of slow or noncompliance with inspection orders,
or e) the tr er or sale of an equitable or legal interest.
7) A chec ' t enumerating the code requirements affecting on� and two-unit non-owner
occup' d rental dwellings shouid be developed for distribution to the general public and
prop rty owners when they apply for a provisional certificate of occupancy;
8) ver the ten year implementation of this program citywide, appro�mately five
inspectors, one supervisor and two support staff positions currently working in complaint-
based code enforcement will be used to supervise, support and conduct certificate of
occupancy inspections for non-owner occupied one- and two-unit dwellings;
��-1 �yG
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
certificate of occupancy
single family $80
duplex $90
renewal: certificate of occupancy renewal
singie family $80
duplex $90
reinspection: there is no charge for the first
second and subsequentreinspections:
single family $40
duplex $45
provisional certificate of occupancy
single family $25
duplex $25
20 BE IT FINALLY RESOLVED, that the City
21 operating costs in the program (an estimated
22 year three the program is expected to be sel�
will allocate sulficient funds to cover initial
in year one and $20,000 in year two). By
sustaining.
Requested by Department oi
Blakey
Bostrom
Collins
Harris
Megazd
Morton
Thune
Adopted by Council:
Adoption Certifie�'by Council Secretary
�
Form Approved by City Attomey
L•�
Approved by Mayor for Submission to Council
�
9) The program will be supervised by existing City management stafF;
10) Creation of two positions to undertake the initial certificate of occupancy inspection
properties within the five geographic groupings move from provisional to permanen
certificate of occupancy status is necessary;
11) The biannual fees for this program wluch may be changed from time to time�y ordinance
will be as follows: /
Mayor:Date
,� :�
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ROBERTA MEGARD
Councilmember
CITY OF SAINT PAUL
OFFICE OF TEiE CITY COUNCTi.
310 Ciry Hall
Saint Paul, M13 55102
612/266-8640
Fax 612/266-8574
Internet roberta.megard@stpaul.gov
MEMORANDUM
October i, 1997
TO: Council President Dave Thune
Councilmember Jerry Blakey
Councilmember Mike Harris
Councilmember Joe Collins
Councilmember Dan Bostrom
Councilmember Gladys Morton
FROM: Councilmember Roberta Megard f�%/ ""
��_��.��
ANt1 D. CIESLAK
Legislative Aide
RE: Supporting Materials far the Proposed Certificate of Occupancy Requirement for
Non-Owner Occupied One- and Two-Unit Rental D��vellings
I am very happy to be sharing with you the ideas Dan Bostrom and I have been developing on a
Certificate of Occupancy Pro .n,�am for one-and two-unit non-owner occupied rental dwellings. I
believe that the legislation we are pzesenting to you provides a great opportunity for improving
the quality of housing in Saint Paul. The requirement would affect approximately 16°10 of all of
the City's single family homes and duplexes. We aze all familiar with the fact that this type of
housing tends to be in greater disrepair than their owner-occupied counter-parts. I also think we
are a11 fiustrated UZat the City has not positioned itself to help tenants, landlords and neighbors
better address these problems. I firmly believe that a systematic and periodic inspection program
wiil act to improve the quality of housing in our neighborhoods—one of our City's greatest
assets.
Based on Council Research estimates, this program will not be as expensive as has generally
been perceived. I believe it could even be argued that this approach to inspections is more
fiscally responsible because the users of these City services are paying a part of the City's
inspection costs, rather than all of the City's taxpayers. Tmplementing this program over ten
years would involve only about $64,000 in 1998 expenditures, and approximately $20,000 in
1999. From the year 2000 on, the program would be self-sustaining. T1us is the result of using
staff who are currently inspectors ar support staff in Public Health Code Enforcement
(interiorlexterior) program. Based on Council Research work on this and other projects, they
believe that almost'/2 of this staffs' workload is with rental one- and two-unit properties.
s�.<e
Prin[ed on RerycteA Paper
�� ��-y6
Tharefore, several of these stafFinay reasonably begin worldng on the certificate of occupancy
requirement, as the Public Health Code Enforcement complaint-based rental inspection function
decreases. This does not necessarily mean that these staff would be transferred, and it is our
intention to leave the specific considerations of staff and organization to the administration as
they develop plans and policies for the certificate o£ occupancy requirement's implementarion.
We asked Council Research to focus on the number of staff, not a proposal on their place in the
City's organizationai chart.
I look forwazd to talking fiu�tl�er to each of you as we deliberate on this certificate of occupancy
requirement, and anticipate that many of you will haue adeas to improve this program.
ag�endices:
Appendix A: Definitions
Appendix B: Budget of Gross Estimates of Revenues, Costs and Transfers
Appendix C: Biannual Revenue Streams
Appendix D: Hours of Inspection Time
Appendix E: Initial C of O Inspection Hours
Appendix F: C of O Reinspections and Complaint Inspection Hours
Appendix G: Revenues
. ,. . _ . - .. 'Sio-v ..c �-'��'.es��:; .
APPENDlX A � a,.y6
Certificate of Occupancy Program fior
Non-owner Occupied One- and Two-Unit Dwellings:
DEFINITIONS
Certificate of Occupancy (C of O} for i- and 2-Unit Residences: a local government regulation requiring
that die one and two-imit rentat properties (only those duplexes that are not homesteaded) in the City of Saint
Paul aze in compliance with all relevant portions of City and State fire, building, property maintenance,
plumbing and electric codes, etc. Buildings will be certified on a biannual basis (every two years). Notably,
there aze aspects of some of these codes which apply to lazger residential structures and commercial structures,
which do not apply to 1- and 2-unit residential buildings.
Initial Certificate of Occupancy Inspection for 1- and 2-Unit Residences: the first rime City inspectors go
into a dwelling included in this program where they make determinations as to whether the dwelling is in
compliance with the relevant codes or not If the dweiling is not in compliance with relevant codes the
inspector compiles a list of repairs andlor changes the structure needs in order tp comply with the codes.
Certificate of Occupancy Reinspecrion: the insQections that follow the initial inspection where the inspecwrs
deteimine if necessary repairs have been made and that the structure is now in compliance with relevant City
and State codes. The first reinspection has no City chazge associated with it, however, subsequent inspections
carry a charge equal to'/: the cost of the certificate of occupancy for the siructure, which pazallels the existing
C of0 program.
Compiaint-Based Inspecfion: the inspections that result from a citizen complaindcall for service which
indicates there may be a code violation in a given structtve. The inspection will deternune if there is a code
violation and orders will be issued where violarions aze found. Typically these inspections focus solely on the
item mentioned in the complaint, but other violations seen by the inspectors on these visits wiil be dealt with
appropriately.
Complaint-Based Reinspection: a reinspection which follows a complaint-based ins�ection where a code
violation was found and corrections orders issued. These reinspecfions follow the same fee struchue as regular
reinspections.
C of O Cycle: When the C of O program is implemented for 1- and 2 unit rental dwellings, the program will
be phased in, taking in several district councils every 2 years. So, for example, tlistricts 2, 6, I 1, and 13 would
be brought into the program in 1998 and 'uilual inspections and follow-up reinspections would be conducted
on those uniis for two years. Beginning in 200Q districts 2, 6, 11, and 13 would be "renewing" their C of O's
on a two yeaz cycle. Aiso in the yeaz 2000, districts 5 and 14 would join the program.
Owner Occupied Duplea: A 2-unit dwelling where 1 unit is the residence of the buiiding owner and the other
is rental.
Rentai Duplex: A 2-unit dwelling where both units aze rental.
Housing Conditions: the state of housing in a given azea based on the repairs or rehabilitation needed to bring
the imits into compliance with code requirements. The "1988 Saint Paul Housing Condition Survey" makes
these determinarions and esrimates the proportion of housing in an area that is saund, in need of minor repairs,
in need of major repairs, or unsound.
Housing Condition Muitipiier: this number was developed to take into account the added time invoived in
property inspection resulting from a wut not being in good or sound condirion. In praccice the "housing
condition mu(riplier" acts to arld on time in areas rated to have less sound housing. Therefore, an inspection in
an azea rated to have sound housing condirions will be estimated to take one hour, where an inspecrion in an
azea with generally poor housing conditions will be estimated to take two hours (1 hour x 2.0 housing condirion
muitiplier = 2 hours).
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o���g�°V la��
CITY OF SAINT PAUL
Norm Cnlemm+. Mayor
December 2, 1997
Council President David Thune
and City Councilmembers
310 and 320 City Hal1
t5 West Kellogg Boulevard
Saint Paul, Minnesota 55102
390 Citr Halt � Telephorse: 612-266-8510
15 West Kellogg Boulevnrd Facsimile: 612-26b-SS13
Saint Paul, MN 55102
Regarding: Veto of Proposed Certificate of Occupancy �rdinance and Resolution
(Council Files 97-1246 and 97-1247)
� �
Dear Council Presideat Thune and C�o�ncilmembers:
�
I am returning to you, with my veto, the proposal to require a Certificate of Occupancy
(C of O) for one-and Ywo-family rental dwellings which are not occupied by the owner.
As I have said on many occasions, I agree with and support the goals of Yhe proposed
program. The quality of rental housing in Saint Paul is an importaat issue and instituting a
requirement that these rental units also meet the City's buitding, fire and property
maintenance codes is a goal I support.
To heip ensure that rental units meet these goals, we have had a very active Information
Exchange Task Force (a.k.a. Probiem Properties Task Force). The Task Force's activities
and actions have regularly been reported to you and your staff. The Task Force's
accomplishments include:
Creation of a full list of problem properties. Removal oFa property from this list
indicates the property's problems have been solved. Some 60 properties have
been removed from the list in the past two years.
Mazked improvements in building structure, and tenant and iandlord behavior in
several large rentai complexes—including those in the 1Vlidway, Rice Street,
Payne-Maryland and Battle Creek areas.
An increase in Task Force participation by landiord and tenant groups.
�
i. •
��_ la�c�
Council President and Councilmembers
December 2, 1998
Page 2
Nonethe(ess, I believe we will strengthen our neighborhoods by instituting a C of O
program that gives pdoriry to cleady identified problem properties, spec�fically those that
generate complaints. True problem properties should be the focus of any new progam.
The following are some of the flaws with the approved program:
The proposed program does not focus resources upon the important
issue--response to complaints about and inspection of problem properties. Such
an approach is especialty critical when we have scarce resources.
2, The proposed program is tao infleatible in its allocation of resources ta the
estabtishment of a systematic, geographically-based, ten-year inspection cycie of
properties as opposed to resources targeted for complaint responses. A better
approach, I believe, is to focus upon the inspection of problem properties and a
flexible schedule for re-inspection.
I have submitted a proposed budget to you and you have approved the maximum
levy for 1998. The costs of the proposed program are not inctuded in either the
budget or the maximum levy. You have not identified budget resources to pay
for the implementation of the proposed program.
As you may recall, our staff have not reached agreement on the totai costs of the
proposed program and the differences are substantia(. No budget resources have
been identified that would fund even the lower program costs identified in your
staff analysis. I do not support the use of fund balances, which are one-time
revenues, for the use of an ongoing program. Nor have you shown that the
proposed fees witl be adequate to cover program costs.
Nonetheless, I wili work with you to identify additional resources that could be
available for a C of 0 program in 1998.
fln November 19, you were told of my concerns with your ordinance and that, if passed
without modification, it would be subject to my veto. Since then, my staffhas attempted
to work with you on aitematives that address the weaknesses af the proposed program.
Unfortunately, our attempts to find common ground were unsuccessful. Regrettably, then,
I veto the actions you have taken because your approach has significant weaknesses and
better altematives are available to accompiish our joint goals.
°
Council Presideni and Counciimembers
December 2, 1998
Page 3
This veto should not halt the development and consideration of a workable and successfu]
C of O program. I invite you to work with me to design a new proposa(, one that focuses
upon probiem properties, and one that can be submitted to you in early 7anuary, 1998.
Sincerely,
N ��A��_
Norm Coleman
Mayor
c: Peg Birk
Phil Byrne
Steve Christie
Roger Curtis
Fire Chief Fuller
Peter Hames
Tim Manc
Joe Reid
Barb Renshaw
Gerry Strathman
Assistant Fire Chief Gary Trudeau
Fire Marshatl Steve Zaccard