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00-859ORIGINAL Cf Presented By ORDINANCE SAINT PAllL, MINNESOTA Re£erred To Committee: Date as Approve amendments to Chapter 189; assign the responsibility for setting fees to the Truth-in-Sale of Housing boazd and remove specific dollar amounts for fees from the ordinance, add Time of Sale definition, and clarify Required Acts. [I�1��K�Ii1���17I�]OIIY�IZ�i�`L�T�.'7•� ►ili�[�1R�Z��. • �iy���l 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 1 That Chapter 189 of the Saint Paul Legislative Code is hereby amended to read as follows: Section 189.01. Definitions. Time ofSale. The acce�tance of an offer, written or oral, to sell or otherwise chan�e the ownership of a propertv, including a contract for deed, bv the owner or agent of an owner of that properiv. Section 189.03. Required acts. (a) Any owner or agent of an owner who sells or makes available for sale a dwelling by implementing any of the following actions, including, but not limited to, advertising the sale of the dwelling, entering into a listing agreement to sell the dwelling or posting a sign that the dwelling is for sale, or any action where the logical result of that action will be the sale or chanee of ownership of the property�shall, within three (3) calendar days of any such action, have an evaluation conducted by an evaluator Section 189.10. Duties of the Board. (a) (111 Establish all fees for the Truth-in-Sale of Housinp pro�am includine, but not limited to. the non- refundable exam application fee(sl. the initial and xe-licensingfee(s�for evaluators, and the filin� and late fee(s) for disclosure reports• Section 189.12. Applications for certificates; examination fees. (a) Each person desiring a certificate of competency shall file with the examining board, at least three (3) days prior to the date of the examination, an application to take the examination and shall pay the nonrefundable sum� . determined bv the board as an the exaznination fee�. Section 189.13. Fees for certificates and renewals. (a) Each candidate who successfully passes the examination required in Section 189.10 shall, upon payment of - . the certification fee determined by the examinin�board, to the examining board, made pavable to the Citv of Saint Paul be issued a certificate of competency by the examining board. This certificate authorizes the evaluatar to conduct truth-in-sale of housing evaluations in Saint Paul. Each certificate shall be valid only £or the current license year. Council File # �� • g$� Ordinance # 189 -� Green Sheet # 102306 Oo • �S� 2 (c) The holder of a certificate of competency shall upon payxnent of the . renewal 3 fee established bv the board, renew the certificate for the following year. The holder of a certificate has (1) 4 year after its expirarion to renew the certificate. After that one-year period, it shall be necessary for the 5 person who held such a certificate to reapply and pass a new examination before receiving a renewal. 7 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 Section 189.14. Disclosure report, filing and filing fees. (c) � Pav the filing fee established bv the boazd . , made payable to the City of Saint Paul, skai�-be required with each disclosure report filed with the secretary-treasurer. (d) Any evaluator who fails to file the disciosure report within ten (10) days of the evaluation date shall be assessed a late penalty fee . established by the board. This late penalty fee shall be in addirion to the normal filin� fee far a disclosure zeport. 5ection 184.16. City employees not to be certified. (c) If any person who has been a Saint Paul evaluatar prior to becoming an employee of the city discontinues being an employee of the city, they may, within one {1) year of the date hefshe started that employment, renew the certificate of competency by paying �seventp�'rve the renewal fee established b�he board. Section 2 That this ordinance revision shall take effect and be in force thirty {30) days after its passage, approval and publication. ORIGINAL Adoption Certified by Council Secretary B 1� �a. � .. Approved by Mayor: Date By: Requested by Department of: Citizen Service Office; By: � l. �� �r� , Adopted by Council: Date �.�. \1� aCGa Form Approved by City Attorney Sy: � Approved by M or for Submission o Council � �� � oo-PSq of 266-8435 1M�FR FOR � TOTAL #� OF SIGNATURE PAGES GREEN SHEET � an.noeEr _ ❑ wY11�La�MCtlCR t�o 102�08 ❑ anamc ❑ AlIlldlf�IVICCfC I YVOtpltNmfNrt1 ❑ (CLJP ALL LOCATIONS FOR SIGNATUR� Approval of attached �o Chapter 189 of the St. Paul Legislative Code to remove specific dollaz amounts for fees from the ordinance and assign the responsibility for setting fees to the Truth in Sale of Housing boazd, appointed by the Mayor. Add a defuution to the ordinance, and clarify the Required Acts. PLANNING CAMMISSION CIB COMMITTEE CMl SERVICE CAMMISSION � m� �� ��a �r e�o-� a rn� a�a�n vES rio Fles tlus pnsoNfirm e.er been a alY emW�Yee7 . Y7�.�i �. Does Uiis P����m P� e slull not riaimalNW� M' �Y eurrent cilY emGbYee? ���_: �➢ � ihis petBaYfnm a Wge/eG verMOYt YES NO The filing fees for Truth in Sale of Housing disclosure reports, and license renewals have not been changed since 1990. The current fees are b�low those of surrounding communities and are insufficient to cover the cost of , administering the program. The definition of "Time of Sale" is needed to address the rnany different vvays properiy is transferred, and clarification in the Required Acts will faciltiate enforcement of the ordinance. r���•�_. ' The members of the Truth in Sa1e of Housing boazd aze appointed by the Mayor. The board sets policy in all other matters in the program. The responsibility for setting the fees for the program would a1Tow the board to respond efficientiy to changes in economic conditions, and the authority to fund the program to meet policy goals. Definirion and elarificarion c�zould aid enfarcement of the program. Increases in fees would likely result in increased cost to St Paul home sellers. likely haue a funding deficit. 3) Some citations (tags) issued wili not be upheld by the courts where the basis far the citation in the ardinance is too va�ue. The result is a weakenine of the effectiveness of the nroerun. COET/AEVQ7UE BUDfiETED (GRCLE ONE) . YES NO SOURCE 30250 �cmm NwsEre INFORMATbN (pp�WWN) l�iL,i�i�. ' � . ORIGINAL Cf Presented By ORDINANCE SAINT PAllL, MINNESOTA Re£erred To Committee: Date as Approve amendments to Chapter 189; assign the responsibility for setting fees to the Truth-in-Sale of Housing boazd and remove specific dollar amounts for fees from the ordinance, add Time of Sale definition, and clarify Required Acts. [I�1��K�Ii1���17I�]OIIY�IZ�i�`L�T�.'7•� ►ili�[�1R�Z��. • �iy���l 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 1 That Chapter 189 of the Saint Paul Legislative Code is hereby amended to read as follows: Section 189.01. Definitions. Time ofSale. The acce�tance of an offer, written or oral, to sell or otherwise chan�e the ownership of a propertv, including a contract for deed, bv the owner or agent of an owner of that properiv. Section 189.03. Required acts. (a) Any owner or agent of an owner who sells or makes available for sale a dwelling by implementing any of the following actions, including, but not limited to, advertising the sale of the dwelling, entering into a listing agreement to sell the dwelling or posting a sign that the dwelling is for sale, or any action where the logical result of that action will be the sale or chanee of ownership of the property�shall, within three (3) calendar days of any such action, have an evaluation conducted by an evaluator Section 189.10. Duties of the Board. (a) (111 Establish all fees for the Truth-in-Sale of Housinp pro�am includine, but not limited to. the non- refundable exam application fee(sl. the initial and xe-licensingfee(s�for evaluators, and the filin� and late fee(s) for disclosure reports• Section 189.12. Applications for certificates; examination fees. (a) Each person desiring a certificate of competency shall file with the examining board, at least three (3) days prior to the date of the examination, an application to take the examination and shall pay the nonrefundable sum� . determined bv the board as an the exaznination fee�. Section 189.13. Fees for certificates and renewals. (a) Each candidate who successfully passes the examination required in Section 189.10 shall, upon payment of - . the certification fee determined by the examinin�board, to the examining board, made pavable to the Citv of Saint Paul be issued a certificate of competency by the examining board. This certificate authorizes the evaluatar to conduct truth-in-sale of housing evaluations in Saint Paul. Each certificate shall be valid only £or the current license year. Council File # �� • g$� Ordinance # 189 -� Green Sheet # 102306 Oo • �S� 2 (c) The holder of a certificate of competency shall upon payxnent of the . renewal 3 fee established bv the board, renew the certificate for the following year. The holder of a certificate has (1) 4 year after its expirarion to renew the certificate. After that one-year period, it shall be necessary for the 5 person who held such a certificate to reapply and pass a new examination before receiving a renewal. 7 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 Section 189.14. Disclosure report, filing and filing fees. (c) � Pav the filing fee established bv the boazd . , made payable to the City of Saint Paul, skai�-be required with each disclosure report filed with the secretary-treasurer. (d) Any evaluator who fails to file the disciosure report within ten (10) days of the evaluation date shall be assessed a late penalty fee . established by the board. This late penalty fee shall be in addirion to the normal filin� fee far a disclosure zeport. 5ection 184.16. City employees not to be certified. (c) If any person who has been a Saint Paul evaluatar prior to becoming an employee of the city discontinues being an employee of the city, they may, within one {1) year of the date hefshe started that employment, renew the certificate of competency by paying �seventp�'rve the renewal fee established b�he board. Section 2 That this ordinance revision shall take effect and be in force thirty {30) days after its passage, approval and publication. ORIGINAL Adoption Certified by Council Secretary B 1� �a. � .. Approved by Mayor: Date By: Requested by Department of: Citizen Service Office; By: � l. �� �r� , Adopted by Council: Date �.�. \1� aCGa Form Approved by City Attorney Sy: � Approved by M or for Submission o Council � �� � oo-PSq of 266-8435 1M�FR FOR � TOTAL #� OF SIGNATURE PAGES GREEN SHEET � an.noeEr _ ❑ wY11�La�MCtlCR t�o 102�08 ❑ anamc ❑ AlIlldlf�IVICCfC I YVOtpltNmfNrt1 ❑ (CLJP ALL LOCATIONS FOR SIGNATUR� Approval of attached �o Chapter 189 of the St. Paul Legislative Code to remove specific dollaz amounts for fees from the ordinance and assign the responsibility for setting fees to the Truth in Sale of Housing boazd, appointed by the Mayor. Add a defuution to the ordinance, and clarify the Required Acts. PLANNING CAMMISSION CIB COMMITTEE CMl SERVICE CAMMISSION � m� �� ��a �r e�o-� a rn� a�a�n vES rio Fles tlus pnsoNfirm e.er been a alY emW�Yee7 . Y7�.�i �. Does Uiis P����m P� e slull not riaimalNW� M' �Y eurrent cilY emGbYee? ���_: �➢ � ihis petBaYfnm a Wge/eG verMOYt YES NO The filing fees for Truth in Sale of Housing disclosure reports, and license renewals have not been changed since 1990. The current fees are b�low those of surrounding communities and are insufficient to cover the cost of , administering the program. The definition of "Time of Sale" is needed to address the rnany different vvays properiy is transferred, and clarification in the Required Acts will faciltiate enforcement of the ordinance. r���•�_. ' The members of the Truth in Sa1e of Housing boazd aze appointed by the Mayor. The board sets policy in all other matters in the program. The responsibility for setting the fees for the program would a1Tow the board to respond efficientiy to changes in economic conditions, and the authority to fund the program to meet policy goals. Definirion and elarificarion c�zould aid enfarcement of the program. Increases in fees would likely result in increased cost to St Paul home sellers. likely haue a funding deficit. 3) Some citations (tags) issued wili not be upheld by the courts where the basis far the citation in the ardinance is too va�ue. The result is a weakenine of the effectiveness of the nroerun. COET/AEVQ7UE BUDfiETED (GRCLE ONE) . YES NO SOURCE 30250 �cmm NwsEre INFORMATbN (pp�WWN) l�iL,i�i�. ' � . ORIGINAL Cf Presented By ORDINANCE SAINT PAllL, MINNESOTA Re£erred To Committee: Date as Approve amendments to Chapter 189; assign the responsibility for setting fees to the Truth-in-Sale of Housing boazd and remove specific dollar amounts for fees from the ordinance, add Time of Sale definition, and clarify Required Acts. [I�1��K�Ii1���17I�]OIIY�IZ�i�`L�T�.'7•� ►ili�[�1R�Z��. • �iy���l 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 1 That Chapter 189 of the Saint Paul Legislative Code is hereby amended to read as follows: Section 189.01. Definitions. Time ofSale. The acce�tance of an offer, written or oral, to sell or otherwise chan�e the ownership of a propertv, including a contract for deed, bv the owner or agent of an owner of that properiv. Section 189.03. Required acts. (a) Any owner or agent of an owner who sells or makes available for sale a dwelling by implementing any of the following actions, including, but not limited to, advertising the sale of the dwelling, entering into a listing agreement to sell the dwelling or posting a sign that the dwelling is for sale, or any action where the logical result of that action will be the sale or chanee of ownership of the property�shall, within three (3) calendar days of any such action, have an evaluation conducted by an evaluator Section 189.10. Duties of the Board. (a) (111 Establish all fees for the Truth-in-Sale of Housinp pro�am includine, but not limited to. the non- refundable exam application fee(sl. the initial and xe-licensingfee(s�for evaluators, and the filin� and late fee(s) for disclosure reports• Section 189.12. Applications for certificates; examination fees. (a) Each person desiring a certificate of competency shall file with the examining board, at least three (3) days prior to the date of the examination, an application to take the examination and shall pay the nonrefundable sum� . determined bv the board as an the exaznination fee�. Section 189.13. Fees for certificates and renewals. (a) Each candidate who successfully passes the examination required in Section 189.10 shall, upon payment of - . the certification fee determined by the examinin�board, to the examining board, made pavable to the Citv of Saint Paul be issued a certificate of competency by the examining board. This certificate authorizes the evaluatar to conduct truth-in-sale of housing evaluations in Saint Paul. Each certificate shall be valid only £or the current license year. Council File # �� • g$� Ordinance # 189 -� Green Sheet # 102306 Oo • �S� 2 (c) The holder of a certificate of competency shall upon payxnent of the . renewal 3 fee established bv the board, renew the certificate for the following year. The holder of a certificate has (1) 4 year after its expirarion to renew the certificate. After that one-year period, it shall be necessary for the 5 person who held such a certificate to reapply and pass a new examination before receiving a renewal. 7 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 Section 189.14. Disclosure report, filing and filing fees. (c) � Pav the filing fee established bv the boazd . , made payable to the City of Saint Paul, skai�-be required with each disclosure report filed with the secretary-treasurer. (d) Any evaluator who fails to file the disciosure report within ten (10) days of the evaluation date shall be assessed a late penalty fee . established by the board. This late penalty fee shall be in addirion to the normal filin� fee far a disclosure zeport. 5ection 184.16. City employees not to be certified. (c) If any person who has been a Saint Paul evaluatar prior to becoming an employee of the city discontinues being an employee of the city, they may, within one {1) year of the date hefshe started that employment, renew the certificate of competency by paying �seventp�'rve the renewal fee established b�he board. Section 2 That this ordinance revision shall take effect and be in force thirty {30) days after its passage, approval and publication. ORIGINAL Adoption Certified by Council Secretary B 1� �a. � .. Approved by Mayor: Date By: Requested by Department of: Citizen Service Office; By: � l. �� �r� , Adopted by Council: Date �.�. \1� aCGa Form Approved by City Attorney Sy: � Approved by M or for Submission o Council � �� � oo-PSq of 266-8435 1M�FR FOR � TOTAL #� OF SIGNATURE PAGES GREEN SHEET � an.noeEr _ ❑ wY11�La�MCtlCR t�o 102�08 ❑ anamc ❑ AlIlldlf�IVICCfC I YVOtpltNmfNrt1 ❑ (CLJP ALL LOCATIONS FOR SIGNATUR� Approval of attached �o Chapter 189 of the St. Paul Legislative Code to remove specific dollaz amounts for fees from the ordinance and assign the responsibility for setting fees to the Truth in Sale of Housing boazd, appointed by the Mayor. Add a defuution to the ordinance, and clarify the Required Acts. PLANNING CAMMISSION CIB COMMITTEE CMl SERVICE CAMMISSION � m� �� ��a �r e�o-� a rn� a�a�n vES rio Fles tlus pnsoNfirm e.er been a alY emW�Yee7 . Y7�.�i �. Does Uiis P����m P� e slull not riaimalNW� M' �Y eurrent cilY emGbYee? ���_: �➢ � ihis petBaYfnm a Wge/eG verMOYt YES NO The filing fees for Truth in Sale of Housing disclosure reports, and license renewals have not been changed since 1990. The current fees are b�low those of surrounding communities and are insufficient to cover the cost of , administering the program. The definition of "Time of Sale" is needed to address the rnany different vvays properiy is transferred, and clarification in the Required Acts will faciltiate enforcement of the ordinance. r���•�_. ' The members of the Truth in Sa1e of Housing boazd aze appointed by the Mayor. The board sets policy in all other matters in the program. The responsibility for setting the fees for the program would a1Tow the board to respond efficientiy to changes in economic conditions, and the authority to fund the program to meet policy goals. Definirion and elarificarion c�zould aid enfarcement of the program. Increases in fees would likely result in increased cost to St Paul home sellers. likely haue a funding deficit. 3) Some citations (tags) issued wili not be upheld by the courts where the basis far the citation in the ardinance is too va�ue. The result is a weakenine of the effectiveness of the nroerun. COET/AEVQ7UE BUDfiETED (GRCLE ONE) . YES NO SOURCE 30250 �cmm NwsEre INFORMATbN (pp�WWN) l�iL,i�i�. ' � .