The URL can be used to link to this page

271941 P�E �- �'jINANCER ('� 1 CAN'ARY - D£PART ENT �JITY OF SAINT PAiTL COIlI1C11 .9LUE - t,4AV0 File �O. � / � O dindnce Ordinance N�. �(,(�� .C� f Presented By � Referred o Committee: Date Out of Committee By Date AN ORDINANCE REQUIRING DISCLOSURE, TO PROSPECTIVE BUYERS OF EXISTING ONE AND TWO FAI�IILY, HOUSING WITHIN THE CITY OF SAINT PAUL, OF THE PRESENCE IN SUCS HOUSING OF MAJOR STRUCTURAL DEEECTS OR OF CONDITIONS CONSTITUTING AN IMMEDIATE HAZARD TO HEALTH AND SAFETY The Council of the City of Sai�t Paul Does Ordain: �uection 1. That the Saint Paul Legislative Cede be amended by adding the following new Chapter 54A thereto to re,ad as foll0�e. "CHAPTER 54A. TAUTH IN S/4LE OF HOUSING 54A.10. DEFINITIONS. For the pu�pese of this Chapter, the following terms shall mean: `"; (a) Truth in Housing Diaclos�re Report. The written and signed evaluation by a person certifiec� pursuant to Section 54A.80, made in the form prescribed by �e�:tion 54A.40, representing to the potential buyer of the dwelling so evaluated that said person (1) has utilized the care and diligence reasonable and ordinary for one meeting the certification standards prescribed by Section 54A.70, and (2) has found no instances of non-compliance with the items contained on said form as of the date thereon, except as specifically designated thereon, and COUIVCILMEIV Requested by Department of: Yeas N�ys Butler In Favor Hozza Hunt Levine Against BY Maddox Showalter Tedesco Form rove by Cit ttorney Adopted by Council: Date , B � ...t�e�1C./�! • Certified Passed by Council Secretary - By Approved by Mayor: Date Approved by Mayor for Sub �' ' n to Council By By � PU611'SHED �E B 2 � 1979 K . ' • '� '• ��1 �� t _2_ (3) has documented the volume or amount and cost of energy (gas, oil, electricity, or other source, as specified) used for heating and cooling the dwelling for the immediately preceding 12 months. Except as otherwise provided by the board for special circum- stances, the disclosure report shall be made available to the potential buyer prior to execution of any contractual agreement between buyer and seller, and the report shall be publicly displayed at the sub�ect housing when the housing is shown to prospective buyers. (b) Contractual Agreement. Any written agreement between a prospective grantor and grantee or buyer and seller for the conveyance of all or part of any housing covered by this chapter. This shall include, but not be limited to by this specification, an earnest money contract or agreement. (c) Single Sale or Conveyance of an Interest. When a deed or;other instru- ment of conveyance of a legal or equitable title in all or part of housing covered by this chapter is tendered by a grantor or vendor and accepted by a grantee or vendee for valuable consideration evidenc- ing a sale or exchange at or approximating market value. 54A.20. PROHIBITED ACT. No owner or agent of the owner shall sell by conveyance or contract for conveyance a single or two family dwelling within the City without providing to the buyer, prior to the execution of any contractual agreement between buyer and seller, either a copy of (a) a Truth in Housing Disclosure Report, valid for one year after date issued and relating to said dwelling as described in Section 54A.40, or (b) a Certificate of Code Compliance as set forth in Section 25.08, which shall be dated no more than one year prior to its usage hereunder, or (c) a copy of the orders issued by the Supervisor of Code Enforcement as a result of a Certificate of Code Compliance inspection, which shall be dated no more than one year prior to its usage. Notwithstanding any other provision in this chapter, such documents shall be valid for the purposes herein described only through a single sale or conveyance of an interest in the sub�ect housing. � 54A.30. EXCEPTIONS. The provisions of this chapter shall not apply to the sale or conveyance or other transfer of title or control of any single or two family dwelling to a public body; or such a sale by a sheriff, constable, marshall or other public or court officer in the performance of his official duties as such, or to trustees in bankruptcy or any other petson or persons acting under the direction or authority of any court, state or federal, in selling or conveying a single or two family dwelling; except that in the case of a sale by a personal representative or guardian appointed by a probate court, or a sale ordered by a probate court, this chapter shall apply. . . . � . �--�� , - -3- 54A.40. FORMS. Subject to the approval of the Ma.yor or his designee, the Examining Board herein established shall prepare or authorize the use of such form or forms as it may deem appropriate to constitute a disclosure under Section 54A.20(a) . The form shall include all appropriate sections of the Legislative Code, including those sections of the State Building Code incorporated therein by reference, applicable to existing single and two family dwellings which, when not complied with, constitute a ma�or structural defect or an immediate hazard to the health and safety of the occupant. The form shall also include necessary space to document the total amount (in KWH, C.F. , GALS. , or other standard measure of volume or quantity) and cost of heating and cooling the subject dwelling for the immediately preceding 12 months; however, in lieu of documentation of cost of heating and cooling on the Truth in Housing Disclosure Report required hereby, there may be attached to said report when provided to the buyer in accordance with this chapter, a copy of a then valid Energy Disclosure Report prepared for the sub�ect realty pursuant to Section 116H.129, Minnesota Statutes. The owner shall provide a copy of such written disclosure as provided in 54A.20(a) , (b) , or (c) to the buyer prior to the execution of any contractual agreement between buyer and seller. Nothing in said report shall indicate, or shall be deemed to indicate, that said dwelling meets all minimum housing and building standards, or that the report in any way may constitute a warranty by the City, Board or Evaluator of the condition of the housing evaluated. 54A.50. EXAMINING BOARD ESTABLISHED; MEMBERSHIP. For the purpose of this chapter, an Examining Board which shall be known as the Examining Board for Truth in Housing Evaluators, shall be appointed by the Mayor with the approval of the City Council, and shall consist of nine members. The member- ship shall include the Supervisor of Code Enforcement or his designee, a rep- resentative of the building trades, a representative of the legal profession, a representative of the financial co�nunity, a representative of the contract- ing business, a representative of the real estate business, a representative of the architectural or engineering professions, and two citizen members representing the ganeral public. The Supervisor of Code Enforcement, or his designee, shall serve as the Secretary-Treasurer of the Board. Upon first appointment, the members of the Board shall be named to staggered three-year terms as selected by the Mayor; and thereafter, terms shall be for a period of three years, which shall continue until a successor has been duly appointed and qualified. The Ma.yor shall, with the approval of the Council, fill any vacancies for the remainder of the unexpired term. 54A.60. ORGANIZATION OF THE BOARD. Said Examining Board shall elect a Chairman who shall preside over meetings of the Board, and Vice Chairman who shall preside in the absence of the Chairman. The Secretary-Treasurer shall have the duty to keep records of all applications and examinations for Cer- tificates of Competency, Certificate issuances and renewals, complaints as to the performance of individual truth in housing evaluators, and other activities of the Board and of fees received, and to pay into the City Treasury, as soon after their receipt as practicable, all monies collected by the Board. Regular meetings of the Board shall be held on the first Tuesday of January, April, July, and October, respectively, and special meetings shall be held when necessary at the call of the Chairman of the Board. The Board shall adopt rules and bylaws governing its procedures and shall develop and enforce a code of ethics for truth in housing evaluators, and copies of such rules, bylaws and code of ethics shall be available to each applicant for a Certificate of Competency. . �� i � " ' -4- 54A.70. DUTIES OF THE BOARD. The Board shall sub3ect each applicant for a Certificate of Competency to an examination to determine whether the applicant has sufficient knowledge, expertise, skill, training and experience to properly carry on the business of evaluating single and two family dwell- ings for compliance with the Legislative Code applicable to existing single and two family dwellings, and shall issue to each applicant wlio satisfactorily passes such examination the desired Certificate of Competency upon the payment ot the fees hereinafter provided, and shall issue renewals of all such Cer- , tificates from year to year as hereinaf ter provided, upon payment of the re- quired fees therefor. In case any Certificate of Competency shall lapse for a period of one year or more, then it shall be necessary for the person who held such Certificate to pass a new examination by the Examining Board before receiving a renewal of such Certificate. The Board may revoke the Certificate of Competency of a truth in housing evaluator for cause after a hearing held thereon, and may, in its discretion, suspend the Certificate of Competency of a truth in housing evaluator pending such hearing. In all cases such hear- ing shall take place within a reasonable time after any Board action to suspend or revoke. Any evaluator aggrieved by a decision of the Board may appeal such decision to the City Council within ten days of the evaluator's receipt of Notice of Board action to suspend or revoke, by submitting to any member of the City Council a written notice of appeal. Such appeal shall be heard by the City Council based upon the record of the Board and upon any written submissions made by the aggrieved evaluator. 54A.80. APPLICATIONS FOR CERTIFICATES; EXAMINATION FEES. Each person desiring a Certificate of Competency such as herein provided, shall file with the Examining Board at least three (3) days prior to the date of e�camination, an application to take the required examination and shall pay the non-ref undable sum of Ztaenty-five Dollars ($25.00) as an examination fee. Such application shall contain information relative to name, address, place of employment, time, and place of schools attended and studies completed, together with a chrono- logical record of candidate's employment, with complete information relative to duties and type of work performed. This application shall be deemed public and available to any person upon request, and if copies thereof are requested, upon the payment of a reasonable fee therefor. 54A.90. INSURANCE. No Certificate of Competency shall be issued or renewed without satisfactory proof of insurance insuring the applicant in the sum of (a) at least Fifty Thousand Dollars ($50,000.00) against liability im- posed by law on account of damages or destruction of property, and (b) at least Ttao Hundred Thousand Dollars ($200,000.00) against any liability imposed by law on account of damages or destruction of property or bodily injuries or death of one or more persons in any one accident, due to negligenca in the inspection or completion of the Truth in Housing Disclosure Report defined in Section 54A.10, and such applicant's or evaluator's insurance shall remain in force continuously thereafter and no Certificate of Competency shall be deemed to be in effect during any period of time when such insurance and proof thereof are not also in effect. The City shall be included as a named insured on the insurance required hereunder at the expenae of the evaluator. .. � � � �-� � r -� '. -5- 54A.100. FEE FOR CERTIFICATES AND RENEWALS. The holder of a Certificate of Competency shall, upon payment of a renewal fee of Fifty Dollars ($50.00) annually, have said Certificate renewed for the ensuing year. A holder of a Certificate shall not allow said Certificate to be used by another person. , 54A.110. CITY EMPLOYEES NOT TO BE CERTIFIED. No employee of the City is eligible to receive a Certificate of Competency. 54A.120. REPORT, FILING AND FILING FEES. Each truth in housing evaluator shall submit to the Secretarp-Treasurer of the Examining Board an exact duplicate or copy of each Truth in Housing Disclosure Report within ten (10) days after the evaluation inspection has been made. The exact duplicate or copy required by this section shall be of the final report either typewritten or legibly printed in ink as furnished to the seller. A filing fee of Ten Dollars ($10.00) made payable to the City Treasurer shall be required with each evaluation report so submitted to the Secretary-Treasurer of the Examining Board. The failure to comply with the time limitation set out in this section or failure to pay the required filing fees shall be sufficient cause for the Examining Board to suspend and/or revoke the Certificate of Competency of a Truth in Housing Evaluator. Such Truth in Housing Disclosure Reports submitted to the Examining Board shall be exempt from public disclosure. Truth in Housing_Evaluators may charge a reasonable fee ot the property owner or prospective seller for services hereunder. 54A.130. FAILURE TO COMPLY. The failure of any owner or agent of an owner to comply with the provisions of this chapter shall be a misdemeanor. Section 2. After the program has been in operation for two years, the Council of the City of Saint Paul may review its operation, effectiveness, and act thereon as deemed appropriate. � Should any provision of this chapter be found unconstitutional, or should the applicability thereof to any persons or circumstances be held invalid, the validitq of the remainder of this chapter and the applicability of its provisions to other persons and circumstances shall not be affected." a WMITE - CITY CLEAK ��/ ^ / PINK pr FINANCE / �( S��ERr-MRYORTMENT GITY OF SAINT I�AUL F11eCi1NO. �� ` 7� _ _ r ' Ordinance o�ainance N0. ' _ Presented By _ Referred To Committee: Date — Out of Committee By Date — ' -6- This ordinance shall be effective thirty (30) days following its passage, approval and publication. COUNCILMEN Yeas Nays Requested by Department of: Butler yoZ� In Favor Hunt Levine Against BY Maddox Showalter Tedesco F� t 15 � Form proved yC Cit� e+torney Ad �y�out� '1: Date - �� Certi 'ed y ' Secr tary B� �� / / � �~ $y /h-�--'�/-� Appro Mayor: Date FEB � 6 19T� Approved by Mayor for Submi� ' n to Conncil By BY �� i��1 / � Q.PsbCo AMENDMENT TO TRUTH IN HOUSING ORDINANCE: Sec. 2, par. 1 � � This ordinance will remain in effect for 2 years from the date of enactment. Before the date of expiration the City Council may review the ordinance and re-enact it with or without amendments. � � .---:-, � . . Cz�T� �x, �.�.z��:� ��.u�. . � .a o��"Y�� . . . �;f (�;, _ '=i� or�rc� o��, �xF c_�- corn�c�Tz.. �`�� ' � I . 3• -2•��. .. � ' . . � . . l . �i'�.� ' �1 ,`',� � . � . . l'. 1 \:� ..��:Y . ,`•;_.� � /`:� � p�� o , February 5, 1979 . i�';'� CQ [�� i i � � � � Pfl � � �" � : �Qin� Paul Cii� Co�:n �ii . �i� d � � COfi'1i7'fl��'�E �t) CIiY DEVELQRMENT A��D TRANSPORTATIOPJ _ Leonard W. Levine, choi�-man, makes the fol lo��in� . report on C.F_ 271941 [� Orciin�nce [� P.esol�tion - � � Ottter : � , :- � `r �j �� : An ordi nance amendi ng Chapter 54(A) of the Legi sl ative � _ Code. by adding a section to be known as "Truth in the � � _ Sale of hous�ing". _ • The Committee recommends approval of the - � ordinance as amended. . �. Y ii�.�L SEVE:�Tr� FLOOR SAIti'T Pc1UL, �i[�\rSOTA SSIO? �`�-��':��J � . . . . � r \_ , r . � . ._ � r` � .ri. ' . �� .:�. � ;; � . . , �: � � . � , ' � � . .. . . . . . .. G .f . • ' �� ' � � � �T��. � . . .. . � ` , . . � �� , ''� .. < '' . .• . . . � � . � .. � . ' ��. N ' �.� h . . . ' � " ' ' � 1 �. � ., �; � . � �_I �; , * ' � .. � � '. � ��`1�. ' +, '�� ' .. , . ' - �. �� ' . . ' . � ' -_I ,�. . ' `. " \.- ' : . . . ' .. .. . - .._ . ' , , � ': . .. .. .. i� .. . . .� . . �:. . . . i� . . ��.. , r _ ., ` .. .:'. , , y , �` , , ' � . , � �,. . . ... . .. . , . � .� ' i`i . .. , . . . . . . . . . ., ; " � _ .' _ .. . , ,1., 1 Y . - �r . � . � . . *. Y t . , �. � . .. . , . . . � - . . , .. , � a. ,. ' . ' '..- _ '_ . . . �' , � . _- :� � � . ., . �.... _ , . .. . . ��' � a�� . ` . ., r. , � � �� ,�� y �� '. ��; . �. � .. . , . , . .. . .. ,F'. .r. �- , x .,s -i'" . . � ` - y ��. , ��.Y�VffAi►M ��', � , .• -.� � � i} , . C'�t,�.�,"1��' �'�Cy �vs�0'1nr, �t i" , • , - '' . � , :� , 1� � : ��YR�.��. � ' . h� �\. � . . r. . � . {�. . � . . - . .�i .. . i �" . '.: . �' .'_ ' �,��.:.{�7�}��•�• . .. ... $1�� ' l�: � 4 �'4 �r-��Y �#'1�t�jr �k�►�rr.ad Co � ��.t7 �o�►�',4 �r±a�r��s�� o�,t.� , � ' �'aic cvas�ca�i:aoE � '��oae�at-�o�i► +�i' o�r��,��,�. �ir. �T�'��; r�ad�lt�� .. , . . . S� � �r�- +kl�Ir"��k�Esl�t��na �vds b= ±,�d�i� ;e ��t ��:.� � as '!'�at3�°#uy 8s� �!� , K ; � � � �� t � i�� rs�d t�t� ths ��.t�r��ir+�r3.� a�[dr '�c��t�,ba��ar�k ., ��;�#.diPir.�trt��±�i�ix �i �"t►�i��►,'Di�a�r� 7t�, ;t�l�.�t r i�� 1��,. , . . , . . , ,. . , _ , . . „ , : ; � � , , , , , � . y,; , : . � ,_ � :,� , . :,. �� . � :, ��. .. Y j � . , . , � . , �� .��.'< _ I t - y.• �f, .b . . ..� . . � . . . . . . . . - � .i r 1 � � . �� .�� /� � �` � � ' _ �. ' _ .. . �`�',� �+�_ %. � . � . . '� . � .. . � . � �.. ' . '. r �F. � .. �� . ' ` � , " \ 1�. F�: : � , � F,` � ,' , ��+# -� . . r .., . F 5 . l � ..( � . � .. . . 1 1 a. . � . . . .. . . . . . . .,, � . . . . �- _ .. �-. . : ,. � . . �:. . . �� . . . . ;� . . . ..� i � , .�'. '�� . .;' �a � � .., �� . , '� - '. _. . �.,. � ' . . .. . . . .;. — ` '� . � ,. ' . � �1 �. .. ef . - - � . - � � ' � - � 'r. . �,�. � ., ,.. _. .,. � ,. _, : . . , _ . 5+.� - . � , .i . . : .. . ' . ' . , .� . . . , ., .,_...: ._.. , . , „ .. . . . -. . . . . . �,;. , r ._. ., . . . . �. � ��: . . �.� � . . . .. .. � , . . _ . . . . �.. .,. . ..,.. ... . ' •�.:, . . � �. .�.� ,- �. � . . . . . ��.� , . . � . , ;�... . �� .. � ,�.', . - . � . . . - . � G'9 ,. �. . :�., , . . -. �. . . . �. .� . :. , ,� , ;. �.. . , . ,�. - � �, . . .....- . , .. _ . �... . - � �� .:. �..- , . .��,. ,�,; .. � . . , � — . ' . . � � V . -.. . .. . , . \ ' �. � � .. �- � I .. 1 ' ' . .. � Y X..� . .. f, . . � .. . . .. � ��1 \ . �� :f,t 1 , / � M` 1 . . .'- . `. .. , � .. . � . � , . .. :., _ . y -. . � . : . ... :... �, : . . �:� _.. ; ._; . . , . ..,:., . . • .�.�.. . , . ... .��. , � ��. , , ` �: : � , , . :�. ... � �.. . . - . . _;..� , . . , . --. '- ' '. . '": —, . _ . , ; - • " . '.... ,' [ � � � ,. . . . . , . , � �.. ..�. '-. _ �i � .. .. . . _ � , �/ ..� . , ... �- . .. , . . � . . . . , . . � _. . .. . . �� R;A� P�� E� � � � MERRIAM PARK , ;� COMMUNITY COUNCIL, IRC. � � 645-0349 • WILDER AT SAINT ANTHONY . SAINT PAUL,MINNESOTA 55104 �� TRUTH IN H(XJ5ING GRDIN�INCE �Fje PL,A�� AJBLIC HEARING THUR5DAY, NOVIIKB� 2, 1978 Cauncil President Da.vid Hozza City Cauncil of St. Paul City Hall St. Paul, Minnesota 55102 Cauncil President Hozza and members of the City Councils My name is Betty McLaughlin� 491 Otis Avernze, St. Paul. I am president of the Merriam Fark Community Cc�uncil. A few weeks ago, a public hearing was held on the Ea.rly Notification System ordinance for the City of St. Faul. I�blic responses were made asking for longer periods of time before notification and adoption by the City .Ccxzncil. - The Truthwin-.Hausin� Legislation was sent aut thraugh the Early Notification System on October 24 and received by aur Cauncil on October 2S for the public hearing today. This is a total of eight days. Cur monthly meeting was held Gctober 25, �io�°�'days before receipt of the ordinance, and azr next monthly meeting is November 29, 1978. The �xecu tive Committee of the Merriam Park Community Cauncil met on Cctober 30 to review this ordinance. We feel there has not been enaugh time allowed to communicate with homeowners and to make the public in �r area aware of the contents of the ordinance. �here has been little or no publicity on this from the local papers. Therefore, on behalf of the Executive Committee of azr Cauncil, I ask that yau extend the period of time before consideration of this ordinance by the City Council, until our community and other communities within the City of St. Paul have had the opportunity to present the ordinance to the public and can review their responses. We wauld then be able to make a �ublic statement on behalf of the residents we represent, � �-` 2� - � � �_ � � Betty McLau hlin �� " g �� iz,�, �`'��,!�-�/ . �� 1 `r ' STATE OF MINNESOTA � . ST. PAUL CITY COUNCIL - PUBLIC HEAF?ING ) TBU�H IN HOUSING ORDINANCE COUNTY OF I3AMSEY ) NOVEMBEB 2, 19?8• T0: DAVID HOZZA, PI3ESIDENT AND JOANNE�SHOWALTEH�&�$�IEDBiJTLEEE VICTOE TIDESCO, EUBY HUNT, � Petitioners, Mr. and rirs. James (Sharon) Anderson, of 1058 Summit Ave. , and Ber�ice Peterson, of 349 Pelham Blvd, the Andersoas, formerly licensed real-estate agents, and Peterson, licensed Insurance Agent, ob�ect to the proposed Truth-in-Housing Ordinance, for the following reasons: 1. Most Mortgage Companies, demand an inspection of property before I:ortgage is approved, and this cost is included in the Mortgage, such as financiag by FHA, GI, CONVENTIONAL, therefore consumer is protected. 2. The potential for Conflict of Interest, by licensed real-estate agents, who are working in Government employee, such as the Housing Code Enforcement Divisioa, which has doubled their employees in the pa�t year, and out of 15, three are related, civil service employees, they are, Jeanne Votel, Grqde 30, salary �309•00 weekly, Charles Votel, grade 30, salary �309•00 weekly, Timothy Votel, grade 26, salary �232•25� weekly, a nd Aita Votel, Administrative Secretery to the Deapartment of Taxaction, it is believed all are related and licensed to sell real-estate for their mother Aita, and their Broker, brother Henry Votel, who was formerly emOloyec] for the Department of I�ousing Code Enforcement, the company is the Votel real-estate company located at 2207 E�ce Street. 3. Petitioners ob�ect to another beauratic layer of government under the guise of consumer protection, and suggest that a Truth-in-Government ordinance be adopted for public information and protection, and or that the department of Housing Code Enforceoent be abolished, as it is conflict- the De artment of Buildin Dqde, which has 36, qualified ing and overlapping P g inspectors, apparantly licensed electricians, and plumbers. 4. That in the event of passage of ordinance in its present form, that a "Code of Ethics" be adopted,conflict of interest be minimal, and the �uri�diction or authority of which inspe�tor is final, and written into this ordinance for consumer protection, notice that a state consumer � agency, run by Toby I.apako is and civil rem�dies are available. 5. Petitioners rely on the eno�ious file, malicious prosecution, and pattern of harassament concerning 2194 I�:arshall, and Petitioners clsim for dacr:a�,es against the city is over the amount of ten-thousand, as a forQal complaint has - ver been �ssued and the city has encroa ed upon our rights � � �' /; ' / � r. ��- �S� ./I y � . '��t� � : �.t � 5 /'��,. �� ,; �- // , �� I district six psannin council 5�� 50 VTednesday, Nov. 1 , 1978 � - � �L , � � Dave Hozza Council President �� - � i�ld City Hall - Courthouse Councif Pr�sident St. Paul, MN 55�02 David Hh Houa Dear Mr. Hozza, The District Six Planning Council is pleased to see the proposed Truth-in-Housing legislation. Beirig fairly active in housing programs in the North End, the council realizes all too well the problems of dilapidated housing and fraudulent property sales, The District Six Planning Council supports yaur efforts in getting this legislation passed. Thank you for keeping us posted. - Sincerely, /2=� � � �e � �� Fred Haider Chairman � . District Six Planning Couneil WHITE — CITV CLERK (� PIM�C — F�NANCE �7� COl1I1C11 J�-1^��Y� .� CANRRy — DEPARTMENTHi\t'1 L GITY OF AINT PATTL File NO. F � �6•�� BLUE�. —MAVOR � a � ' s • ' C Ordinance N 0. Presented By ° Referred To om ' tee: Date Out of Committee B Date AN ORDINANCE REQ RING DISCLOSURE, TO PROSPECTIVE BUYERS OF EXISTING ONE AND O FAMILY HOUSING WITHIN THE CITY OF SAINT PAUL, OF THE PRESE E IN SUCH HOUSING OF MAJOR STRUCTURAT, DEFECTS OR OF CONDI ONS CONSTITUTING AN IMMEDIATE HAZARD TO HEALTH AND SAFETY The Council of the City f Saint Paul Does Ordain: �ection 1. That the Saint Paul Leg' slative Code be amended by adding the following new Chapter 54A the eto to read as follows: "CHAPTER 54A. TRUTH IN SALE OF HOUSING 54A.10. DEFINITIONS . For th purpose of this Chapter, the following terms shall mean: (a) Truth in Housin Disclosure ort. The written and signed evaluation by a person certif d pursuant to Section 54A. 80, made in the form prescribed by ection 54A.40, representing to the potential buyer of the d lling so evaluated that said person (1) has utilized the care and d igence reasonable and ordinary for one meeting the ertification standards prescribed by Section 54A. 70, nd (2) has found no instances of non-c pliance with the items contained on said form as f the date thereon, except as specifically designated thereon. COUIVCILMEI�T Requested by Department o • Yeas Nays Butler In Favor Hozza Hunt Levine Against BY Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date � Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By �o _ ra-� �f � �.��.( y� �NHIT� - CIT� CI.ERK �' �l��;'__ �� PINK , � FINANCE F'jITY � OF SAINT PALTL Council � ' � ��" CANARY -�DEPARTMENT � BLUE. = MAVOR . Fll@ NO. � � Ordin�nce Ordinance N�. Presented By � Referred To Committee: Date Out of Committee By Date -2- The disclosure ort shall be ma.de available to the potential buyer at least on day prior to execution of any contractua.l agreement between b er and seller. (b) Contractual Agreement. Any written agreement between a pro- spective grantor and gr tee or buyer and seller for the conveyance of all or part of any real estate covered by this ordinance. This shall inc de, but not be limited to by this specification, an earnest m ey contract or agreement. (c) Sin le Sale or Conve ance of a Interest. When a deed or other instrument of conveyance a legal or equitable possessory interest in all or pa of housing covered by this chapter is tendered by a grantor o vendor and accepted by a grantee or vendee. 54A.20. PROHIBITED ACT. No owner or agen of the owner shall sell by conveyance or contract for conveyance a singl or two family dwelling within the City without providing to the buyer, a least one day prior to the execution of any contractual agreement betwe n buyer and seller, either a copy of (a) a Truth in Housing Disclosure ort, valid for one year after date issued and relating to said dwelling s described in Section 54A.40, or (b) a Certificate of Code Complianc as set forth in Section 25.08, or (c) a copy of the orders issued by the Supervisor of Code Enforcement as a result of a Certificate of Code Compliance inspection. Notwithstanding any other provision in this �iapter, such documents shall be valid for the purposes herein described nly through a single sale or conveyance of an interest in the subject h using. � � � COUNCILMEN ��' Yeas Nays Requested by Department of: � Butler � Hozza In Favor �, Hunt `� Roedler Against BY ` Sylvester • Tedesco Form Approved by City Attorney Adopted by Council: Date .. Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY WHITE - CITV CIERK � � ' � PINK - Ft►IANCE GITY OF SAINT PAUL Council �"�'��49-/'�� . � CANARY -DEPARTMENT i *- BLUE . -MAVOR File NO. , _. � Ordin�nce Ordinance N 0. Presented By --- Referred To Committee: Date Out of Comrtrittee By Date -3- 54A. 30. CEPTIONS. The provisions of this chapter shall not apply to the sale or conveyance of any single or two family dwelling to a public body; or' uch a sale by a sheriff, constable, marshal or other public or court ficer in the performance of his official duties as such, or to truste s in bankruptcy or any other person or persons acting under the direction or authority of any court, state or federal, in selling or conveying a single or two family dwelling; except that in the case of a public sale`�ordered by a probate court, this chapter shall apply. 54A.40. FORMS. Sul�ject to the approval of the Mayor or his designee, the Examining Board herei`n established shall prepare or authorize the use of such form or forms `as it may deem appropriate to constitute a disclosure under Section 54A.20. (a) . The form shall include all appro- priate sections of the Legis�ative Code, including those sections of the State Building Code incor�orated therein by reference, applicable to existing single and two fam�ly dwellings which, when not complied with, constitute a major structnral defect or an immediate hazard to the health and safety of the occi�pant. The owner shall provide a copy of such written disclosure as prov,ided in 54A.20. (a) , (b) , or (c) to the potential buyer at least one d�y prior to the execution of any contractual agreement between buyer�,and seller. Nothing in said report shall indicate, or shall be deemed t indicate, that said dwelling meets all minimum housing and buildin standards. \ 54A. 50. EXAMINING BOARD ESTABLISHE�; MEMBERSHIP. For the purpose of this chapter, an Examining Board whic shall be known as the Examining Board for Truth in Housing Eval ators shall be appointed by the Mayor with the approval of the City C cil, and shall consist of nine members . The membership shall includ the Supervisor of Code Enforcement or his designee, a representati e of the building trades , a representative of the legal profession, a epresentative of the financial community, a representative of the ontracting business, COUIVCILMEIV Requested by Depa tment of: Yeas Nays Butler In Favor — Hozza Hunt Levine Against BY Maddox Showalter Tedesco Form Approved by City At rney Adopted by Council: Date ;� Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By WHITE — CITV CLERK � (� �Q PINI(� — FINANCE COUIICII "f��.�� CAN7►RV--DEPARTMENT CITY OF SAINT PALTL File NO. 6 c" � BLUE �- MAVOR � .�_. - �� Ordin�nce Ordinance N0. Presented By Referred To Committee: Date Out of Committee By Date �� -4- � a representative of'�rrealtors, a representative of the architectural or engineering profe ions, and two citizen members representing the general public. The S�pervisor of Code Enforcement, or his designee, shall serve as the Secr'`etary-Treasurer of the Board. Upon first appointment, the members` of the Board shall be named to staggered three year terms as selec ed by the Mayor; and thereafter, terms shall be for a period of three y rs, which shall continue until a successor has been duly appointed and ualified. The Mayor shall, with the approval of the Council, fil any Vacancies for the remainder of tlze unexpired term. 54A. 60 . ORGANIZATION OF THE`�BOARD. Said Examining Board shall elect a Chairman who shall presi over meetings of the Board, and Vice Chairman who shall preside in the sence of tlZe Chairman. The Secretary-Treasurer shall have the uty to keep records of all applica- tions and examinations for Certifica e of Competency, Certificate issuances and renewals, complaints as ,to the performance of individual truth in housing evaluators, and other'�.�activities of the Board and of fees received, and to pay into the City�Treasury, as soon after their receipt as practicable, all monies colle ted by the Board. Regular meetings of the Board shall be held on th first Tuesday of January, April, July, and October, respectively, an special meetings shall be held when necessary at the call of the Chai�nan of the Board. The Board shall adopt rules and bylaws governing\ its procedures and a copy of such rules and bylaws shall be available tp each applicant for a Certificate of Competency. , ; 54A. 70. DUTIES OF THE BOARD. The Board sh��ll subject each appli- cant for a Certificate of Competency to an examii�ation to determine whether the applicant has sufficient knowledge, ei�pertise, skill, training . and experience to properly carry on the business o\f evaluating single and two family dwellings for compliance with the L�qislative Code COUIVCILMEIV Requested by Department of� Yeas Nays Butler In Favor Hozza Hunt L.evine Against BY Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By WHITE - CITV GLERK PINK -,FINANCE G I TY O F SA I NT PA U L Council �� ' �CANIIR;-OEPARTMENT File NO. 3 + BLUE' --MAYOR - ` '� • � Ordindnce Ordinance N0. Presented By Refetred To Committee: Date Out of Committee By Date � �. -5- � applicable to existin� single and two family dwellings, and shall issue to each applicant who s� tisfactorily passes such examination the desired Certificate of C�mpetency upon the payment of the fees herein- after provided, and shall°,issue renewals of all such Certificates from year to year as hereinafte�ic provided, upon payment of the required fees therefor. In case any Cert�,,ficate of Competency shall lapse for a period of one year or more, en it shall be necessary for the person who held such Certificate to�ss a new examination by the Examining Board before receiving a renewa� of such Certificate. The Board may revoke the Certificate of Competrency of a txuth in housing evaluator for cause after a hearing held th�reon, and may, in its discretion, suspend the Certificate of Compete'�cy of a truth in housing evaluator pending such hearing. In all casesq;such hearing shall take place within a reasonable time after any B'�ard action to suspend or revoke. Any evaluator aggrieved by a decision�Eof the Board may appeal such decision to the City Council within te� days of the evaluator's receipt of Notice of Board action to suspend or�revoke, by submitting to any member of the City Council a written not�ce of appeal. Such appeal shall be heard by the City Council based �zpon the record of the Board and upon any written submissions made by t�e aggrieved evaluator. � E 54A. 80. APPLICATIONS FOR CERTIFICATES; XAMINATION FEES. Each person desiring a Certificate of Competency uch as herein provided, shall file with the Examining Board at least ''�hree (3) days prior to the date of examination, an application to tak�e the required examina- tion and shall pay the non-refundable sum of Tv�nty-five Dollars ($25.00) as an examination fee. Such application shall ` ntain information relative to name, address, place of employment,�ime and place of schools attended and studies completed, together �ith a chronological record of the candidate� employment, with complete�, information relative to duties and type of work performed. This applic�tion shall be deemed public and available to any person upon requ st, and if copies COUNCILMEI�T Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt � Levine A gains t BY Maddox ; Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By WHITE - CITV CLERK 1 ►'+J� ^ PINIC� -�FIMANCE CO11I1C11 � /� �-q� +CANAR� - DEPARTMENT GITY OF SAINT PAITL � � � � " BI.UE v- MAVOR -L_ ._ File N 0. + . � Ordin�nce Ordinance N�. Presented By '', 1 , Referred To Committee: Date Out of Committee By Date � -6- thereof are requested, pon the payment of a reasonable fee therefor. 54A. 90. INSURANCE. o Certificate of Competency shall be issued or renewed without satisfa tory proof of insurance insuring the appli- cant in the sum of (a) at l�ast Fifty Thousand Dollars ($50 ,000. 00) against liability imposed by law on account of damage or destruction of property, and (b) at least Two Hundred Thousand Dollars ($200 ,000.00) against any liability imposed law on account of damage or destruc- tion of property or bodily inju ies or death of one or more persons in any one accident, due to neglige e in the inspection or completion of the Truth in Housing Disclosure R rt defined in Section 54A.10. 54A.100. FEE FOR CERTIFICATES D RENEWAI,S. The holder of a Certificate of Competency shall, upo payment of a renewal fee of Fifty Dollars ($50.00) annually, have said rtificate renewed for the ensuing year. A holder of a Certificate shall ot allow said Certificate to be used by another person. 54A.110. CITY EMPLOYEES NOT TO BE CE TIFIED. No employee of the City is eligible to receive a Certificate f Competency. 54A.120 . REPORT, FILING AND FILING FEES Each truth in h.ousing evaluator shall submit to the Secretary-Treas rer of the Examining Board an exact duplicate or copy of each Tru in Housing Disclosure Report within ten (10) days after the evaluati inspection has been made. The exact duplicate or copy required by his section shall be of the final report either typewritten or legibl printed in ink as furnished to the seller. A filing fee of Ten Dol ars ($10.00) made payable to the City Treasurer shall be required w th each evaluation report so submitted to the Secretary-Treasurer of e Examining Board. The failure to comply with the time limitation set ut in this section or failure to pay the required filing fees shall be ufficient cause COUIVCILMEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine Against BY Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayar for Submission to Council By By WHITE - C17V CLERK „ �.A�R� -'oEPARTMENT G I TY OF SA I NT PATT L Council �� (l� ♦ .BLU,E •�- MAVOR File NO. �� r.- _ � � �` Ordindnce Ordinance N a Presented By Referred To Committee: Date Out of Committee By Date -7- for the Examining B ard to suspend and/or revoke the Certificate of Competency of a Tru in Housing Evaluator. Truth in Housing Eval- uators may charge a r asonable fee of the property owner or prospective seller or heir agents for services hereunder. 54A.130. FAILURE TO COMPLY. The failure of any owner or agent of an owner to comply wit the provisions of this chapter shall be a misdemeanor. " '� Se tion 2. This ordinance shall be ef ctive thirty (30) days following its passage, approval and publicati . � � �� . � � COUI�TCILMEIV Requested by Depart nt of: Yeas Nays Butler Hozza In Favor Hunt Levine Against BY Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By ; , , . , . � .� ; . . �. � � /, , , . � _ �,�` 1 -, j , • . , . _ - , , , : _ . � , , i , ,� �. , � . . , i , � , _ � . , - , � Febrwsp 15, I979 , ; , , . , � . ;, �flnsa 13avid Rossa �' . ' ' Rsa+a 719, e3t� �11 ` , � S�. �'anl, I�i.�epCa . . _ � ,, . ' �f�ar Cc�u�rai�s� Hos�a: {, , � , Plsa�s ba re�t�.nded Chat �aba�qn+wtc to +,�detp�iai ot ei� Trnth ia �.� o! Aousiag , � Ot�diosstse todsy a ��ic�n oiaa acl�pt�l antlLOtising � to wri�s El�t n�usaty � ; . ' , . i��tair to Llr hi�a�c'sh Di�psrta�t r�q+�e�iug th� to `ive�l.a�ts ttM pro�r� _ atid report bsak to tha Caunaii. ' _ . • � ' � • _ . � , �� , ��, . � , . � , , - , � ,.. . 'gos�► atis . , . City CZ�sk r • ` . ' ABO�dt�r � � ' , . � -�-� � - . aas 3oha ti�sn�Ilp ' � � , . . , _ , , , , � , ; � _ . , , • - , , ' t ` � ; ,� , _ , , , � , • .-� - � � � q� . f _,``...�,�.,�� ! "' • - a�� CITY OF SAINT PAUL =4♦ . . y'ri �� e .= O�FICE OF THE CITY CLERK �� i,�u �+? C� �`a„ �... ,.-'` FEB � � �g7� BUREAU OF RECORDS ��""'�`�"`°c "- 386 City Halt,Saint Paul,Minnesota 55102 GEORGf LATIMER Council President � 612-298-4231 M/�YOR �avid H.Hoiza �� . � . \ c � J� � 1 ��February 15, 1971 \ ' V— ` C ( � � V� Councilman David Hozza Room 719, City Hall St. Paul, Minnesota ` \ ' Dear Councilman Hozza: Please be reminded that subsequent to adoption of the Truth in Sale of Housing Ordinance today a motion was adopted authorizing you to write the necessary letter to the Research Department requesting them to evaluate the program and report back to the Council. V y truly yours, , ' Rose Mix � City Clerk ABO:dcr _ cc: John Connelly rn u� r�- v r W � u-",'Zy pr. o�- M �� G �' �J W �� J 4 ti �t�- U� N ?-N ca r= w c� � �0 .+ ' !. ` CITY OF SAINT PAUL OFFICF OF TAE CITY COUNCIL rtvn�n4_ � � u��aan�aee lLi�1_esa�.f�es _..4�.—. M�KORANDUM DAVID H. HOZZA Cnuncilman February 20, 1979 T0: John Connelly FROM: David H. Hozza Council President RE: Systematic Evaluation of th Truth-in-Housin Ordinance On the date af the final pass ruth-in- housing ordinanceithe City Council requested by motion that your affice conduct a periodic evaluation on the performance on the truth-in-housing ordinance. Once the truth-in-hQUSing Board of Evaluators is set up and the program is operating I would suspect that a quarterly evaluation would be appropriate. If you have any questions regarding this matter, please do not hesitate to talk to me. Thank you. DI�H:ls cc: Councilwoman Rosalie Butler Councilwoman Ruby Hunt Councilman Leonard Levine Councilman Ron Maddox Councilwoman Joanne Showalter Councilman Victor Tedesco Mayor George Latimer Richard Broeker Peter Hames Steve Wellington � Scott Jefferson Terry McNellis Sam Blue Glenn Erickson Frank Staffenson CtTY HALL ' SEVENTN ELOOR SAINT PAUL, MINNESO'TA 55102 612/298-4646 �� ` . s � _ _ _ 18t / 1 2 � — __ nd ' 3rd "'Z l g Adop ted 'Z �� Yeas Nays BUTLER � HUNT i LEVINE -��.�� MADDOR / ' V SHOWALTER TEDESCO . PRESIDENT (HOZZA)