01-1189�R��I��L
council File # �1� ! � �q
Ordinance # 189
Green Sheet # 102536
ORDINANCE
Presented By
Referred To
CITY OF SAINT PAUL, MINNESOTA
Committee: Date
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1 Approve changes and amendments to Chapter 189, Truth-in-Sale of Housing. Add definitions, �ve the
2 board direct authority to issue evaluator guidelines an approve the form used, and make some language
3 changes to reflect actual terminology and usage, and far clarification.
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 1
That Chapter 189 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 189.01. Definitions.
Far the purposes of this chapter, the following terms shall have the meanings ascribed to them in this
section:
Adverse action: As defined by Chapter 310, generallv defined as an action that can include: the revocation,
cancellation or suspension of a license, denial of the renewal of a license, the imposition of conditions on a
20 Disclosure report. The written evaluation report prepared and signed by a person eertifre� licensed as a
21 Saint Paul Truth-in-Sale of Housing Evaluator, on a form in compliance with the provisions of section
22 189.05 of this chapter.
23 Dwelling. A building which is designed to be occupied for residential purposes but containing not more
24 than two (2) individual dwelling units, except that townhouses, condomimums and co-ops, regardless of
25 their number of individual dwelling units, are included within this definition.
26 Dwelling unit. A room or group of rooms located within a residenrial building and forming a single
27 habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating.
28 Evaluation. An mspeefion evaluation of a dwelling ar dwelling unit, performed by a licensed evaluator, to
29 determine the condition of the structural, elechical and mechanical systems as they relate to Chapter 34,
30 Minimum Housing Standards for Dwellings and Multiple Dwellings of the City of Saint Paul.
31 Evaluator. A person who has received a license from the City of Saint Paul to
32 conduct truth-in-sale of housing evaluations.
33 Evaluator Cruidelines: The document issued bv the truth-in-sale of housin� ("TISA") examinin� board by
34 which the TISH evaluation report is completed bv the evaluator. The TISH Evaluator Guidelines utilize
35 both the construction and maintenance standards and codes currently enforced bv the Citv of Saint Paul for
36 dwellings as defined in this cha�ter.
PllBLISH£6
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terms that refer to the same bodv.
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2 Immediate Family • Those persons legally related to each other in a linear relationship such as �and arp ents•.
3 narents, children, erandchildren and siblin¢s. Does not include branchin� relationships such as aunts, uncles,
4 or cousins.
Property code enforcement manager. The person responsible for overseeing the operation of all of the
property code enforcement programs for the City of Saint Paul.
7 Re-evaluation. An amended disclosure report filed as a result of a reiasPeetion re-evaluarion of the subject
8 dwelling or dwelling unit, conducted by the original evaluator, within the period of tune the disclosure
9 report is valid. The re-evaluation does not extend the expiration date of the original evaluation.
10 Time of sa1e. The acceptance of an offer, written or oral, to sell or otherwise change the ownership of a
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property, including a contract for deed, by the owner or agent of an owner of that property.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 95-1360, §§ 1, 12-6-95; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No.
oo-sss, §§ i, io-ii-oo�
Sec. 189.02. Validity of disclosure report.
� A disclosure report is valid for � 365 consecutive davs from the date of its issuance. �e
�b The report is valid only for the owner who is listed on the disclosure report..
�c The report must be comnleted and si� ed bv an evaluator licensed under this ordinance.
(dl The report is valid for onlv one sale durine it's 365 consecutive dav lifetime.
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.03. Required acts.
22 (a) Any owner or agent of an owner who sells or makes auailable for sale a dwelling by implementing any
23 of the following actions, including, but not limited to, advertising the sale of the dwelling, entering into a
24 listing agreement to sell the dwelling or posting a sign that the dwelling is for sale, or any acrion where the
25 logical result of that action will be the sale or change of ownership of the property, shall, within three (3)
26 calendar days of any such action, have an evaluation eand�tete� completed by an evaluator licensed under
27 this Chapter.
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(b) At all times following the completion of the disclosure report a dwelling or dwelling unit that is for sale
shall have a valid disclosure report conspicuously displayed at the premises.
(cl A valid TISH disclosure report shall be completed by a licensed evaluator.
�d) The owner or a�ent of an owner shall make available for viewin¢ a co�y of the valid disclosure report to
all potential buvers.
(�j � A valid disclosure report issued for the dwelling in question shall be provided to the buyer,�the
owner or aeent of an owner, before or at the time of sale of the dwelling.
(fl A valid disclosure report issued for the dwellin� shall be filed bv the evaluator with the secretarv-
treasurer of the examining board, before the time of sale of the dwelline.
fdj � A disclosure report shall be prepared only by persons eertifre� licensed as truth-in-sale of housing
evaluators under �'_r. this chapter.
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�1 ������� 6 0.�7732, §§ 2, 5-3-90; C.F. No. 00-859, §§ 1, 10-11-00)
Sec. 189.04. Exceptions.
The provisions in section 189.03 do not apply to:
(1) Any newly constructed dwelling when ritle is transferred to the first owner.
(2) The sale or conveyance or other transfer of title or control of any dwelling to a public body.
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6 (3) A dwelling with a valid certificate of code compliance or the orders from a certificate of code
7 compliance inspection as set forth in section 33.06 of this Legislative Code which shall be dated no eazlier
8 than one-fi}pear 365 consecutive davs prior to its usage.
9 (4) The sale or conveyance of any dwelling by a sheriff, constable, marshal, trustee in banlc�nptcy, or other
10 public ar court officer in the perfortnance of their official duties. This chapter does apply, however, to the
11 sale of a dwelling by a personal representative or guardian appointed by a probate court or a sale ordered by
12 a probate court.
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(51 Anv dwellin� or dwellin¢ unit covered bv a current Certificate of Occupancy issued bv the Saint Paul
Fire Department's Fire Prevention Certificate of Occupancy program.
�6�y dwelline or dwelling unit where the purchaser is alread�a part owner, heir, or a member of the
seller's immediate familv, as defined in section 189.01
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. ]89.05. Disclosure report form.
19 , the examining board shall develop and approve
20 the disclosure report form. The disclosure report form. applicable to sinele- and two-familv dwellin s,g town
21 homes, co-ops, and condominiums, shall include � secrions
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(1) ��nMajor structural defects; or
(2) �'nriTmmediate hazards to health and safety; or
(3) . Deviations from standards defined in the truth-in-sale of
housin� "TISH"1 Evaluator Guidelines.
29 The disclosure report shall also indicate if the single- or two-family dwelling, town home, condominium or
30 co-op is a city-designated Aeritage Preservation Site or located in a city-designated Heritage Preservation
31 District; the Office of License, Inspections and Environmental Protection shall maintain and issue to the
32 pronerty code enforcement mana¢er or designee a list of sites and of addresses within the districts.
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Nothing in the disclosure report shall indicate, or shall be deemed to indicate, that such dwellings meet all
minimum housing and building standards. The approved disclosure report form shall only be used for
ir�speetia��s evaluations of dwellings in the city by evaluatars eerti€te� licensed under this chapter.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 98-441, §§ 1, 6-17-98)
Sec. 189.06. Warranty limitations.
The disclosure report is not a warranty by the city or the examining board of the condition of the dwelling
evaluated. The evaluator by hisHren�eparE warrants onlv that i�eh��iiize� reasonable care and due
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1 diligence were used in inspecting the dwelling and in completin� the disclosure re�ort.
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.07. Examining board established; membership.
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(a) The exau�iiiing board far -- TISH evaluatars shall be appointed by the mayor, with
the approval of the city council, and shall consist of nine (9) members.
6 (b) The membership shall include the properry code enforcement manager or iusfher designee, and a
7 representative from each of the following: the building trades, the legal profession, the financial community,
8 the contracting business, the real estate business, the azchitectural or engineering profession, and two (2)
9 citizen members representing the general publia No more than one board member may be a currenflv
10 licensed TISH evaluator.
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(c) The members of the board shall be naamed to three-year terms, which shall continue until a successor has
been duly appointed and qualified. The mayor shall, with the approval of the council, fill any vacancies for
the remainder of the unexpired term.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99)
Sec. 189.08. Organization of the board.
(a) The examining board shall elect a chairQerson and a vice-chairperson. The chairperson shall preside
over meetings of the boazd. In the �-nrhisHrer absence; of the chairperson the vice-chairperson shall
preside.
(b) The property code enforcement manager or irisfher designee shall serve as the secretary-treaswer of the
board. In the absence of the chairperson and vice-chairperson the secretary-treasurer shall preside over
meetings of the boazd.
(c) The secretary-treasurer shall have the responsibility of
(1) Keepine recards of �applications and examinations for licensure,
(2)� license issuances and renewals,
��bfinaintain records of disclosure re�o,rts as required by Chapter 189.14 (fl
�3j � Ecomplaints as to the performance of individual truth-in-sale of housing evaluators,
(-�j �$documentationOctober 18, 2001 of all fees and monies received by the board, and
(61 Performine other duties dele�ated b�the board nerxnitted bv this chaoter or by the board rules and
bvlaws•
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99)
Sec. 189.09. Meetings of the board.
32 Regular meetings of the board shall be held on the second Wednesday of January, April, July and October,
33 respectively. Those meetings may be postponed for up to thirty (3Q) days by the chairperson or the secretary-
34 treasurer. Special meetings shall be held, when necessary, at the request of the chairperson or the secretary-
35 treasurer. A minimum of five (S) days' norice shall be given to members of the board of all upcoming
36 meetings.
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(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.10. Duties of the board.
(a) The following shall be the duties of the board:
(1) Adopt rules and bylaws governing its procedures;
(2) Develop and enforce a code of etYucs for truth-in-sale of housing evaluators;
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(3) Make available copies of such rules, bylaws and code of ethics to each applicant for �eertifrextE-af'
eampetenep licensure;
8 (4) Develop a test procedure for screeninQ applicants for a license
9 {�6j � Hold an examination for applicants for a license to be an evaluator at
10 least once in every two (2) calendar years, beginning in 1999-2000.
11 �b Submit each applicant for a license to an examination to determine vvheti�er
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13 the ap�licanYs competenc�perform evaluations required under
14 this chapter, and
15 �cl Hear examination a�peals b�pplicants for a license under this chapter accordine to rules ado�ted by
16 the board.
17 (5) Issue a license in the form of an identification card to each applicant who
18 satisfactorily passes the exam, � pays the required fees, and satisfies all other qualifications for licensine
19 reauired bv the board or this cha�ter;
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(6) Establish annual renewal fees and renew each :��'�r license upon payxnent of the established fees;
(7) Establish minimum educational and/or training requirements which must be met and maintained by the
evaluator;
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25 ', Take adverse action against a license ar licensee as defined in section 189A1.;
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f i�}j � Establish all fees for the tnxth-in-sale of housing program including, but not limited to, the non-
refundable exam application fee(s), the initial and re-licensing fee(s) for evaluators, and the filing and late
fee(s) for disclosure reports.
(�}j (101 To develop adopt and issue evaluatar guidelines.
33 (b) Decision of the examining board, with respect to these duties, shall be fmal; . Adverse action(s�a a�inst
34 a license or licensee, only, are subject to appeal to the Saint Paul City CounciL Any board order to an
35 evaluator shall include a written statement notifying the licensee of the right to appeal that order to the city
36 council.
37 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ l, 9-1-99; C.F. No. 00-859, §§ l, 10-11-00)
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1 Sec.189.11. Appeals.
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(a) Filing. An evaluator may obtain a hearing before the Saint Paul City Council to appeal any board order
by filing a written request with the city clerk. The deadline far filing an appeal shall be within ten (10)
calendaz days after the date when the order is sent to the evaluator.
(b) Setting hearing date. In the event that an appeal is filed with the city clexk, the city council shall, within
two (2) weeks, fix a date for a public hearing. The city clerk shall mail a notice of the date, time, place and
subject of the hearing to the person requesting the appeal and to the boazd.
8 (c) Hearing. At the tune of the city council hearing, the city council shall hear from the person requesting
9 the appeal, any board member or their designee, and any other party who wishes to be heard regarding the
10 appeal. After the hearing, the city councii may reverse, confirm or modify the board's arder. The city clerk
11 shall mail a copy of the city council'S decision of the appeal to the person requesting the appeal and the
12 board chairperson.
13 (Ord. No. 17732, §§ 2, 5-3-90)
14 Sec. 189.12. Applications for certiFeates license-����ian-f�s.
15 (a) Each person desiring a license shall file with the examining board, at ]east
16 three (3) days prior to the date of the examination, an application to take the examination and shall pay the
17 non-refundable suxn(s) determined by the board as the examinarion fee(s).
18 (b) Each application shall contain the following information: name, address, place of current employment,
19 time and place of schools attended and studies completed, together with a chronological record of the
20 applicanYs previous employment, with complete information regarding duties and the type of work
21 performed.
22 (c) The applications aze public data under the Minnesota Data Practices Act and available to any person
23 upon request.
24 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No. 00-859, §§ 1, 10-11-00)
25 Sec. 189.13. . License Issuance and Benewal
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31 {bj� Any persau candidate who passes the examination to become a truth-in-sale of housing evaluator has
32 �}q�ar 365 consecutive da s� ig bilitv for licensine from the date of passing the examinarion to
33 obtain' - � - riic�c a license. The candidate will have to reapply and pass another examination if the
34 appiiexnt candidate fails to abE�ria�ee�i�exfe complete the licensingprocedure within that air�year period.
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2 . Exemptions from these requirements mav be allowed bv the Board.
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(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 00-859, §§ 1, 10-11-00)
Sec. 189.14. Disclosure report, filing �ad-�liag-ftes.
�1 For original disclosure reports;
(a) Each truth-in-sale of housing evaluator, when preparing a disclosure report, shall set forth any structural
defects, any immediate hazards to health and safety, and/or other via�xfians deviation(sl a€from the
standards set forth in the Evaluatar Guidelines. . The evaluator. using Herita�e
Preservation documentation issued to the truth-in-sale of housing boazd b�he Office of License.
Inspections, and Environmental Protection, shall report the � status as a city-designated Heritage
Preservation Site or location in within a city-designated Heritage Preservation District fin-�weHnigs�&
. . The disclosure
report shall be ez�her typewritten, ar�egTb}y printed le i�blY in ink, or in a previously-arororoved computer-
penerated format.
I S (b) The evaluator shall submit to the seller the origjnal copy of the disclosure report. r4 The evaluator shall
16 file a duplicate �fi�ed with the secretary-treasurer of the examining boazd within ten (10) days after
17 the evaluation or re-evaluation has been made in accordance with 189.14 (d).
18 (c) The evaluator shall �pay the filing fee established by the board, ' required with
19 each disclosure report filed with the secretary-treasurer.
20 (d) Any evaluator who fails to file the disclosure report within ten (10) days of the evaluation date shall be
21 assessed a any late penalty fee established by the board. �iris Late penalty fee�s,� shall be in addition to the
22 normal filing fee for a disclosure report.
23 (e) In addition to the above penaltiesy, the failure to submit the ori 'ng� al co�v of the disclosure report to the
24 seller, pay the required filing fees, ar the failure to iimelq file any disclosure report within 30 days of the
25 date of the evaluarion shall be sufficient cause for the examining board to , ,
26 renew-tke take adverse action against the license or licensee --
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28 ( fl The examining board shall keep each disclosure reuort submitted bv an evaluatar on file in accordance
29 with the Records Retention Schedule as required by,Minn. Stat. 5138.17. , ,
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(21 For Re-Evaluation re�orts•
(al Evaluators shall meet all requirements as for oriQinal reports except there shall be no filine fee required
unless a fee is specificallv ordered by or throu�h the board.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 98-441, §§ 1, 6-17-98; C.F. No. 00-859, §§ 1, 10-11-00)
Sec.189.15. Duties of evaluators.
� Each �ali$}y evaluator is required to:
(1) Comply with the code of ethics;
(21 Complete the disclosure�ort in accordance with the standards in the Evaluator Guidelines;
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i {�j � Conduct all evaluations within the program guidelines;
2 �3j (� Meet any required continuing educarion requirements established by the examining board; and
3 ( � Meet all other requirements established by the examining board and/or this chapter.
4 (bl Failure to com�ly with anv one or more of these duties shall be sufficient cause for the board to take
5 adverse action aeainst the license or licensee.
(Ord. No. 17732, §§ 2, 5-3-90)
7 Sec. 189.16. City employees not to be certified.
8 (a) No employee of the City of Saint Paul is eligible to receive a license.
9 (b) Should any person who has a license to perform evaluations in Saint Paul
10 become an employee of the city, that person shall immediately discontinue conducting evaluations in Saint
11 Paul and shall retum � the license to the property code enforcement manager.
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19 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No. 00-859, §§ 1, 10-11-00)
20 Sec. 189.17. Fees €ar
21 � Truth-in-sale of housing evaluators may charge a reasonable fee for their services.
22 (bl The Board sets fees as authorized in 189.10 �or :
23 (1) initial license fee and license renewal;
24 (21 evaluator apvlication, examination, and testing;
25 (31 disclosure report filing and late fees:
26 (4) other fees determined necessarv bv the Board to support the rp O�ram activitv(iesl authorized under this
27 chapter•
28 (Ord. No. 17732, §§ 2, 5-3-90)
29 Sec.189.18.Insurance.
30 (a) No license shall be issued or renewed without satisfactory proof of insurance
31 insuring the applicanUevaluator.
32 (b) The City of Saint Paul shall be included as a named insured on the required insurance and any
33 additional cost for including the city shall be at the expense of the applicant/evaluator.
34 (c) The applicanYs/evaluator's insurance shall remain in force continuously thereafter and no ��
35 eampefeney license shall be deemed to be in effect during any period of time when such insurance and proof
36 thereof are not also in effect.
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1� (d) Each applicanUevaluator shall have an individually named insurance policy.
2 (e) The insurance policy shall provide coverage of not less than two hundred fifty thousand dollars
3 ($250,000.00) per claim nor five hundred thousand dollus ($500,000.00) per year aggregate, ar the
4 minimum limits currentiv required bv the City of Saint Paul. Risk Management Deparhnent, against any and
5 all liability unposed by law resulting from the performance of the duties as a certifie� licensed truth-in-sale
6 of housing evaluator.
7 (Ord. No. 17732, §§ 2, 5-3-90)
8 Sec. 189.19. Failure to comply.
9 The failure of any owner or agent of an owner to comply with the provisions of this chapter shall be a
10 misdemeanor.
11 (Ord. No. 17732, §§ 2, 5-3-90)
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Section 2
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15 That this ordinance revision shall take effect and be in force thirty (30) days after its passage, approval and
publication.
Adoption Certified by Council Secretary
^ 4 BY:
By: � � � � i--�
�� � A � e � Approved by Mayor for Submission to Council
Approved by Mayor: Date /ti�
By:
/���/ BY .
f'
�L►S.'.-,
t'
a �,
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Form Approved by City Attorney
'""` I `Division�ofCodeEnforcement
'ACT PER9DN & PFIONE
Michael R. Morehead 266-8439
L AGENOA BY (DA'f�
November 7, 2001
� � 10/16/Ol
TOTAL i� OF SIC,NATURE PAGES 1
�i ir�y
GREEN SHEET
_ :,!-'� j' �I
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No�� o2��s
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,.�.���a». ❑..�.�,�,.�
W1MI�KMMI11 ❑
(CLIP ALL IOCATIONS FOR SIGNATURE)
Approve changes and amendments to Chapter 189, Truth-in-Sale ofHousing orduiuice as attached. Add definitions,
give the board direct authority to issue evaluator guidelines and approve the form used, and make so� k�ng�wage
changes to reflect actual termiuology and usage, and for clarification. �� $�' �"�'� `��
��'� `.' �: �� �
PLANNING CAMMISSION
CIB COMMI'tTEE
CML SERVICE COMMISSION
F�SU,is a�+soMfin ererwo�d wwer a ca�Gaatorua. aeparo„ener
Y6 NO
tiastlNSpeisoNfirmevunrenaaryemWoyee9 "�- , .
YES NO °
ooectl�is peBONEm+Pa�s a s4dN nat �rypm�sse� bY �rr �++R� �Y �D'AV�
YES NO
b ttiis pemaYfirm a farpMetl ventloR
YES NO
The Boardrecentlyreviewed and adopted new Guidelines. Inthe process,.staffdiscovered thatwhile the authorityto dc
so is implied in Chapter 189, there is no direct aufliorityto do so. Consequently staffbegan to review the ordinance and
discovered several "kousekeepnig' changes'to make, as well as other language that could be rewritten forbetter clarity,
and also took the opportunity to updaYe the language to reflect Yhe current usage.
The Truth-in-Sa1e ofHousing board's responsibilities, and the responsibilities of evaluators aze clarified and better de-
fined, and consistent with the way the program has been functioning. Evaluator "certification" is changed to "licensed",
and is now coordinated with the City's processes, rights and procedures for licensees.
None
IF
oidivauce mayresult in more work for the City AUomey's office and the Council if board authorityis cl�al-
AMOUNTOFTRANSACTIONt � �
noneneeded
���a
COST/REVENUE Bl70fiETED (CIRCLE ON�
,��, 040-3 0250
YES NO
�R��I��L
council File # �1� ! � �q
Ordinance # 189
Green Sheet # 102536
ORDINANCE
Presented By
Referred To
CITY OF SAINT PAUL, MINNESOTA
Committee: Date
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1 Approve changes and amendments to Chapter 189, Truth-in-Sale of Housing. Add definitions, �ve the
2 board direct authority to issue evaluator guidelines an approve the form used, and make some language
3 changes to reflect actual terminology and usage, and far clarification.
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 1
That Chapter 189 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 189.01. Definitions.
Far the purposes of this chapter, the following terms shall have the meanings ascribed to them in this
section:
Adverse action: As defined by Chapter 310, generallv defined as an action that can include: the revocation,
cancellation or suspension of a license, denial of the renewal of a license, the imposition of conditions on a
20 Disclosure report. The written evaluation report prepared and signed by a person eertifre� licensed as a
21 Saint Paul Truth-in-Sale of Housing Evaluator, on a form in compliance with the provisions of section
22 189.05 of this chapter.
23 Dwelling. A building which is designed to be occupied for residential purposes but containing not more
24 than two (2) individual dwelling units, except that townhouses, condomimums and co-ops, regardless of
25 their number of individual dwelling units, are included within this definition.
26 Dwelling unit. A room or group of rooms located within a residenrial building and forming a single
27 habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating.
28 Evaluation. An mspeefion evaluation of a dwelling ar dwelling unit, performed by a licensed evaluator, to
29 determine the condition of the structural, elechical and mechanical systems as they relate to Chapter 34,
30 Minimum Housing Standards for Dwellings and Multiple Dwellings of the City of Saint Paul.
31 Evaluator. A person who has received a license from the City of Saint Paul to
32 conduct truth-in-sale of housing evaluations.
33 Evaluator Cruidelines: The document issued bv the truth-in-sale of housin� ("TISA") examinin� board by
34 which the TISH evaluation report is completed bv the evaluator. The TISH Evaluator Guidelines utilize
35 both the construction and maintenance standards and codes currently enforced bv the Citv of Saint Paul for
36 dwellings as defined in this cha�ter.
PllBLISH£6
[� 27 '01 page 1
terms that refer to the same bodv.
� �`` �
ai �t�P4
2 Immediate Family • Those persons legally related to each other in a linear relationship such as �and arp ents•.
3 narents, children, erandchildren and siblin¢s. Does not include branchin� relationships such as aunts, uncles,
4 or cousins.
Property code enforcement manager. The person responsible for overseeing the operation of all of the
property code enforcement programs for the City of Saint Paul.
7 Re-evaluation. An amended disclosure report filed as a result of a reiasPeetion re-evaluarion of the subject
8 dwelling or dwelling unit, conducted by the original evaluator, within the period of tune the disclosure
9 report is valid. The re-evaluation does not extend the expiration date of the original evaluation.
10 Time of sa1e. The acceptance of an offer, written or oral, to sell or otherwise change the ownership of a
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property, including a contract for deed, by the owner or agent of an owner of that property.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 95-1360, §§ 1, 12-6-95; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No.
oo-sss, §§ i, io-ii-oo�
Sec. 189.02. Validity of disclosure report.
� A disclosure report is valid for � 365 consecutive davs from the date of its issuance. �e
�b The report is valid only for the owner who is listed on the disclosure report..
�c The report must be comnleted and si� ed bv an evaluator licensed under this ordinance.
(dl The report is valid for onlv one sale durine it's 365 consecutive dav lifetime.
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.03. Required acts.
22 (a) Any owner or agent of an owner who sells or makes auailable for sale a dwelling by implementing any
23 of the following actions, including, but not limited to, advertising the sale of the dwelling, entering into a
24 listing agreement to sell the dwelling or posting a sign that the dwelling is for sale, or any acrion where the
25 logical result of that action will be the sale or change of ownership of the property, shall, within three (3)
26 calendar days of any such action, have an evaluation eand�tete� completed by an evaluator licensed under
27 this Chapter.
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(b) At all times following the completion of the disclosure report a dwelling or dwelling unit that is for sale
shall have a valid disclosure report conspicuously displayed at the premises.
(cl A valid TISH disclosure report shall be completed by a licensed evaluator.
�d) The owner or a�ent of an owner shall make available for viewin¢ a co�y of the valid disclosure report to
all potential buvers.
(�j � A valid disclosure report issued for the dwelling in question shall be provided to the buyer,�the
owner or aeent of an owner, before or at the time of sale of the dwelling.
(fl A valid disclosure report issued for the dwellin� shall be filed bv the evaluator with the secretarv-
treasurer of the examining board, before the time of sale of the dwelline.
fdj � A disclosure report shall be prepared only by persons eertifre� licensed as truth-in-sale of housing
evaluators under �'_r. this chapter.
page 2
�1 ������� 6 0.�7732, §§ 2, 5-3-90; C.F. No. 00-859, §§ 1, 10-11-00)
Sec. 189.04. Exceptions.
The provisions in section 189.03 do not apply to:
(1) Any newly constructed dwelling when ritle is transferred to the first owner.
(2) The sale or conveyance or other transfer of title or control of any dwelling to a public body.
0�-11Fy
6 (3) A dwelling with a valid certificate of code compliance or the orders from a certificate of code
7 compliance inspection as set forth in section 33.06 of this Legislative Code which shall be dated no eazlier
8 than one-fi}pear 365 consecutive davs prior to its usage.
9 (4) The sale or conveyance of any dwelling by a sheriff, constable, marshal, trustee in banlc�nptcy, or other
10 public ar court officer in the perfortnance of their official duties. This chapter does apply, however, to the
11 sale of a dwelling by a personal representative or guardian appointed by a probate court or a sale ordered by
12 a probate court.
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(51 Anv dwellin� or dwellin¢ unit covered bv a current Certificate of Occupancy issued bv the Saint Paul
Fire Department's Fire Prevention Certificate of Occupancy program.
�6�y dwelline or dwelling unit where the purchaser is alread�a part owner, heir, or a member of the
seller's immediate familv, as defined in section 189.01
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. ]89.05. Disclosure report form.
19 , the examining board shall develop and approve
20 the disclosure report form. The disclosure report form. applicable to sinele- and two-familv dwellin s,g town
21 homes, co-ops, and condominiums, shall include � secrions
22
23 - - , , - , ,
24 � , . necessary to note:
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(1) ��nMajor structural defects; or
(2) �'nriTmmediate hazards to health and safety; or
(3) . Deviations from standards defined in the truth-in-sale of
housin� "TISH"1 Evaluator Guidelines.
29 The disclosure report shall also indicate if the single- or two-family dwelling, town home, condominium or
30 co-op is a city-designated Aeritage Preservation Site or located in a city-designated Heritage Preservation
31 District; the Office of License, Inspections and Environmental Protection shall maintain and issue to the
32 pronerty code enforcement mana¢er or designee a list of sites and of addresses within the districts.
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Nothing in the disclosure report shall indicate, or shall be deemed to indicate, that such dwellings meet all
minimum housing and building standards. The approved disclosure report form shall only be used for
ir�speetia��s evaluations of dwellings in the city by evaluatars eerti€te� licensed under this chapter.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 98-441, §§ 1, 6-17-98)
Sec. 189.06. Warranty limitations.
The disclosure report is not a warranty by the city or the examining board of the condition of the dwelling
evaluated. The evaluator by hisHren�eparE warrants onlv that i�eh��iiize� reasonable care and due
page 3
��!Gi��;!
1 diligence were used in inspecting the dwelling and in completin� the disclosure re�ort.
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.07. Examining board established; membership.
o����a1
(a) The exau�iiiing board far -- TISH evaluatars shall be appointed by the mayor, with
the approval of the city council, and shall consist of nine (9) members.
6 (b) The membership shall include the properry code enforcement manager or iusfher designee, and a
7 representative from each of the following: the building trades, the legal profession, the financial community,
8 the contracting business, the real estate business, the azchitectural or engineering profession, and two (2)
9 citizen members representing the general publia No more than one board member may be a currenflv
10 licensed TISH evaluator.
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(c) The members of the board shall be naamed to three-year terms, which shall continue until a successor has
been duly appointed and qualified. The mayor shall, with the approval of the council, fill any vacancies for
the remainder of the unexpired term.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99)
Sec. 189.08. Organization of the board.
(a) The examining board shall elect a chairQerson and a vice-chairperson. The chairperson shall preside
over meetings of the boazd. In the �-nrhisHrer absence; of the chairperson the vice-chairperson shall
preside.
(b) The property code enforcement manager or irisfher designee shall serve as the secretary-treaswer of the
board. In the absence of the chairperson and vice-chairperson the secretary-treasurer shall preside over
meetings of the boazd.
(c) The secretary-treasurer shall have the responsibility of
(1) Keepine recards of �applications and examinations for licensure,
(2)� license issuances and renewals,
��bfinaintain records of disclosure re�o,rts as required by Chapter 189.14 (fl
�3j � Ecomplaints as to the performance of individual truth-in-sale of housing evaluators,
(-�j �$documentationOctober 18, 2001 of all fees and monies received by the board, and
(61 Performine other duties dele�ated b�the board nerxnitted bv this chaoter or by the board rules and
bvlaws•
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99)
Sec. 189.09. Meetings of the board.
32 Regular meetings of the board shall be held on the second Wednesday of January, April, July and October,
33 respectively. Those meetings may be postponed for up to thirty (3Q) days by the chairperson or the secretary-
34 treasurer. Special meetings shall be held, when necessary, at the request of the chairperson or the secretary-
35 treasurer. A minimum of five (S) days' norice shall be given to members of the board of all upcoming
36 meetings.
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(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.10. Duties of the board.
(a) The following shall be the duties of the board:
(1) Adopt rules and bylaws governing its procedures;
(2) Develop and enforce a code of etYucs for truth-in-sale of housing evaluators;
a� -l��°I
(3) Make available copies of such rules, bylaws and code of ethics to each applicant for �eertifrextE-af'
eampetenep licensure;
8 (4) Develop a test procedure for screeninQ applicants for a license
9 {�6j � Hold an examination for applicants for a license to be an evaluator at
10 least once in every two (2) calendar years, beginning in 1999-2000.
11 �b Submit each applicant for a license to an examination to determine vvheti�er
12 > , ,
13 the ap�licanYs competenc�perform evaluations required under
14 this chapter, and
15 �cl Hear examination a�peals b�pplicants for a license under this chapter accordine to rules ado�ted by
16 the board.
17 (5) Issue a license in the form of an identification card to each applicant who
18 satisfactorily passes the exam, � pays the required fees, and satisfies all other qualifications for licensine
19 reauired bv the board or this cha�ter;
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22
(6) Establish annual renewal fees and renew each :��'�r license upon payxnent of the established fees;
(7) Establish minimum educational and/or training requirements which must be met and maintained by the
evaluator;
23 (8) >
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25 ', Take adverse action against a license ar licensee as defined in section 189A1.;
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�'I� II�P3�1R�71A7�(�I�PI�I�Yl�11�141�F1�\�Il�l�ll�l�l�l'�lI1tU�����1R�1�I1��1T�4�lUtRU��1�1�14�/�Plt�lr��l�ll�I�rl
• � � . � �� ��� �� • • • � � � � I
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r� � � � � � ����� � • � •
f i�}j � Establish all fees for the tnxth-in-sale of housing program including, but not limited to, the non-
refundable exam application fee(s), the initial and re-licensing fee(s) for evaluators, and the filing and late
fee(s) for disclosure reports.
(�}j (101 To develop adopt and issue evaluatar guidelines.
33 (b) Decision of the examining board, with respect to these duties, shall be fmal; . Adverse action(s�a a�inst
34 a license or licensee, only, are subject to appeal to the Saint Paul City CounciL Any board order to an
35 evaluator shall include a written statement notifying the licensee of the right to appeal that order to the city
36 council.
37 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ l, 9-1-99; C.F. No. 00-859, §§ l, 10-11-00)
page 5
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1 Sec.189.11. Appeals.
�,.���1
(a) Filing. An evaluator may obtain a hearing before the Saint Paul City Council to appeal any board order
by filing a written request with the city clerk. The deadline far filing an appeal shall be within ten (10)
calendaz days after the date when the order is sent to the evaluator.
(b) Setting hearing date. In the event that an appeal is filed with the city clexk, the city council shall, within
two (2) weeks, fix a date for a public hearing. The city clerk shall mail a notice of the date, time, place and
subject of the hearing to the person requesting the appeal and to the boazd.
8 (c) Hearing. At the tune of the city council hearing, the city council shall hear from the person requesting
9 the appeal, any board member or their designee, and any other party who wishes to be heard regarding the
10 appeal. After the hearing, the city councii may reverse, confirm or modify the board's arder. The city clerk
11 shall mail a copy of the city council'S decision of the appeal to the person requesting the appeal and the
12 board chairperson.
13 (Ord. No. 17732, §§ 2, 5-3-90)
14 Sec. 189.12. Applications for certiFeates license-����ian-f�s.
15 (a) Each person desiring a license shall file with the examining board, at ]east
16 three (3) days prior to the date of the examination, an application to take the examination and shall pay the
17 non-refundable suxn(s) determined by the board as the examinarion fee(s).
18 (b) Each application shall contain the following information: name, address, place of current employment,
19 time and place of schools attended and studies completed, together with a chronological record of the
20 applicanYs previous employment, with complete information regarding duties and the type of work
21 performed.
22 (c) The applications aze public data under the Minnesota Data Practices Act and available to any person
23 upon request.
24 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No. 00-859, §§ 1, 10-11-00)
25 Sec. 189.13. . License Issuance and Benewal
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30 iieense-qexr-
31 {bj� Any persau candidate who passes the examination to become a truth-in-sale of housing evaluator has
32 �}q�ar 365 consecutive da s� ig bilitv for licensine from the date of passing the examinarion to
33 obtain' - � - riic�c a license. The candidate will have to reapply and pass another examination if the
34 appiiexnt candidate fails to abE�ria�ee�i�exfe complete the licensingprocedure within that air�year period.
� . : : . : . ... .,. . :. : ..
� � \ �� • � \ • " • \ � • � �A •
• • • - • • •• • • � • • •
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� / l!9 S4�l�P1Pl�ltUrilR�1����lT�R�I�rS�1�l�ld���•l��r�\i�l���A1�1.\�l�r��l�l��t�11�1�1�DJ�A�l�1R9\���1�a�9�i\�4�l��lr�
page 6
C�'? fi°°� � C^s � n 6 P; 3 �� � 11Y4
i r�'V t i�
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2 . Exemptions from these requirements mav be allowed bv the Board.
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(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 00-859, §§ 1, 10-11-00)
Sec. 189.14. Disclosure report, filing �ad-�liag-ftes.
�1 For original disclosure reports;
(a) Each truth-in-sale of housing evaluator, when preparing a disclosure report, shall set forth any structural
defects, any immediate hazards to health and safety, and/or other via�xfians deviation(sl a€from the
standards set forth in the Evaluatar Guidelines. . The evaluator. using Herita�e
Preservation documentation issued to the truth-in-sale of housing boazd b�he Office of License.
Inspections, and Environmental Protection, shall report the � status as a city-designated Heritage
Preservation Site or location in within a city-designated Heritage Preservation District fin-�weHnigs�&
. . The disclosure
report shall be ez�her typewritten, ar�egTb}y printed le i�blY in ink, or in a previously-arororoved computer-
penerated format.
I S (b) The evaluator shall submit to the seller the origjnal copy of the disclosure report. r4 The evaluator shall
16 file a duplicate �fi�ed with the secretary-treasurer of the examining boazd within ten (10) days after
17 the evaluation or re-evaluation has been made in accordance with 189.14 (d).
18 (c) The evaluator shall �pay the filing fee established by the board, ' required with
19 each disclosure report filed with the secretary-treasurer.
20 (d) Any evaluator who fails to file the disclosure report within ten (10) days of the evaluation date shall be
21 assessed a any late penalty fee established by the board. �iris Late penalty fee�s,� shall be in addition to the
22 normal filing fee for a disclosure report.
23 (e) In addition to the above penaltiesy, the failure to submit the ori 'ng� al co�v of the disclosure report to the
24 seller, pay the required filing fees, ar the failure to iimelq file any disclosure report within 30 days of the
25 date of the evaluarion shall be sufficient cause for the examining board to , ,
26 renew-tke take adverse action against the license or licensee --
27 irans�ar.
28 ( fl The examining board shall keep each disclosure reuort submitted bv an evaluatar on file in accordance
29 with the Records Retention Schedule as required by,Minn. Stat. 5138.17. , ,
30 .
31 - ,
32 apprapriate:
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(21 For Re-Evaluation re�orts•
(al Evaluators shall meet all requirements as for oriQinal reports except there shall be no filine fee required
unless a fee is specificallv ordered by or throu�h the board.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 98-441, §§ 1, 6-17-98; C.F. No. 00-859, §§ 1, 10-11-00)
Sec.189.15. Duties of evaluators.
� Each �ali$}y evaluator is required to:
(1) Comply with the code of ethics;
(21 Complete the disclosure�ort in accordance with the standards in the Evaluator Guidelines;
page 7
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i {�j � Conduct all evaluations within the program guidelines;
2 �3j (� Meet any required continuing educarion requirements established by the examining board; and
3 ( � Meet all other requirements established by the examining board and/or this chapter.
4 (bl Failure to com�ly with anv one or more of these duties shall be sufficient cause for the board to take
5 adverse action aeainst the license or licensee.
(Ord. No. 17732, §§ 2, 5-3-90)
7 Sec. 189.16. City employees not to be certified.
8 (a) No employee of the City of Saint Paul is eligible to receive a license.
9 (b) Should any person who has a license to perform evaluations in Saint Paul
10 become an employee of the city, that person shall immediately discontinue conducting evaluations in Saint
11 Paul and shall retum � the license to the property code enforcement manager.
12
•
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� : : � . . . .. . . . .: :
..� . . . •.•...� .. ..• ....
. . . : . . :. : . .. . . . :
. : . . ..: . . :.� �� >..::. . :.:
: . . .
19 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No. 00-859, §§ 1, 10-11-00)
20 Sec. 189.17. Fees €ar
21 � Truth-in-sale of housing evaluators may charge a reasonable fee for their services.
22 (bl The Board sets fees as authorized in 189.10 �or :
23 (1) initial license fee and license renewal;
24 (21 evaluator apvlication, examination, and testing;
25 (31 disclosure report filing and late fees:
26 (4) other fees determined necessarv bv the Board to support the rp O�ram activitv(iesl authorized under this
27 chapter•
28 (Ord. No. 17732, §§ 2, 5-3-90)
29 Sec.189.18.Insurance.
30 (a) No license shall be issued or renewed without satisfactory proof of insurance
31 insuring the applicanUevaluator.
32 (b) The City of Saint Paul shall be included as a named insured on the required insurance and any
33 additional cost for including the city shall be at the expense of the applicant/evaluator.
34 (c) The applicanYs/evaluator's insurance shall remain in force continuously thereafter and no ��
35 eampefeney license shall be deemed to be in effect during any period of time when such insurance and proof
36 thereof are not also in effect.
page 8
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: � a �_►1r��
1� (d) Each applicanUevaluator shall have an individually named insurance policy.
2 (e) The insurance policy shall provide coverage of not less than two hundred fifty thousand dollars
3 ($250,000.00) per claim nor five hundred thousand dollus ($500,000.00) per year aggregate, ar the
4 minimum limits currentiv required bv the City of Saint Paul. Risk Management Deparhnent, against any and
5 all liability unposed by law resulting from the performance of the duties as a certifie� licensed truth-in-sale
6 of housing evaluator.
7 (Ord. No. 17732, §§ 2, 5-3-90)
8 Sec. 189.19. Failure to comply.
9 The failure of any owner or agent of an owner to comply with the provisions of this chapter shall be a
10 misdemeanor.
11 (Ord. No. 17732, §§ 2, 5-3-90)
12
13
Section 2
14
15 That this ordinance revision shall take effect and be in force thirty (30) days after its passage, approval and
publication.
Adoption Certified by Council Secretary
^ 4 BY:
By: � � � � i--�
�� � A � e � Approved by Mayor for Submission to Council
Approved by Mayor: Date /ti�
By:
/���/ BY .
f'
�L►S.'.-,
t'
a �,
page 9
Form Approved by City Attorney
'""` I `Division�ofCodeEnforcement
'ACT PER9DN & PFIONE
Michael R. Morehead 266-8439
L AGENOA BY (DA'f�
November 7, 2001
� � 10/16/Ol
TOTAL i� OF SIC,NATURE PAGES 1
�i ir�y
GREEN SHEET
_ :,!-'� j' �I
�
No�� o2��s
��.
,.�.���a». ❑..�.�,�,.�
W1MI�KMMI11 ❑
(CLIP ALL IOCATIONS FOR SIGNATURE)
Approve changes and amendments to Chapter 189, Truth-in-Sale ofHousing orduiuice as attached. Add definitions,
give the board direct authority to issue evaluator guidelines and approve the form used, and make so� k�ng�wage
changes to reflect actual termiuology and usage, and for clarification. �� $�' �"�'� `��
��'� `.' �: �� �
PLANNING CAMMISSION
CIB COMMI'tTEE
CML SERVICE COMMISSION
F�SU,is a�+soMfin ererwo�d wwer a ca�Gaatorua. aeparo„ener
Y6 NO
tiastlNSpeisoNfirmevunrenaaryemWoyee9 "�- , .
YES NO °
ooectl�is peBONEm+Pa�s a s4dN nat �rypm�sse� bY �rr �++R� �Y �D'AV�
YES NO
b ttiis pemaYfirm a farpMetl ventloR
YES NO
The Boardrecentlyreviewed and adopted new Guidelines. Inthe process,.staffdiscovered thatwhile the authorityto dc
so is implied in Chapter 189, there is no direct aufliorityto do so. Consequently staffbegan to review the ordinance and
discovered several "kousekeepnig' changes'to make, as well as other language that could be rewritten forbetter clarity,
and also took the opportunity to updaYe the language to reflect Yhe current usage.
The Truth-in-Sa1e ofHousing board's responsibilities, and the responsibilities of evaluators aze clarified and better de-
fined, and consistent with the way the program has been functioning. Evaluator "certification" is changed to "licensed",
and is now coordinated with the City's processes, rights and procedures for licensees.
None
IF
oidivauce mayresult in more work for the City AUomey's office and the Council if board authorityis cl�al-
AMOUNTOFTRANSACTIONt � �
noneneeded
���a
COST/REVENUE Bl70fiETED (CIRCLE ON�
,��, 040-3 0250
YES NO
�R��I��L
council File # �1� ! � �q
Ordinance # 189
Green Sheet # 102536
ORDINANCE
Presented By
Referred To
CITY OF SAINT PAUL, MINNESOTA
Committee: Date
��
1 Approve changes and amendments to Chapter 189, Truth-in-Sale of Housing. Add definitions, �ve the
2 board direct authority to issue evaluator guidelines an approve the form used, and make some language
3 changes to reflect actual terminology and usage, and far clarification.
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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18
19
Section 1
That Chapter 189 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 189.01. Definitions.
Far the purposes of this chapter, the following terms shall have the meanings ascribed to them in this
section:
Adverse action: As defined by Chapter 310, generallv defined as an action that can include: the revocation,
cancellation or suspension of a license, denial of the renewal of a license, the imposition of conditions on a
20 Disclosure report. The written evaluation report prepared and signed by a person eertifre� licensed as a
21 Saint Paul Truth-in-Sale of Housing Evaluator, on a form in compliance with the provisions of section
22 189.05 of this chapter.
23 Dwelling. A building which is designed to be occupied for residential purposes but containing not more
24 than two (2) individual dwelling units, except that townhouses, condomimums and co-ops, regardless of
25 their number of individual dwelling units, are included within this definition.
26 Dwelling unit. A room or group of rooms located within a residenrial building and forming a single
27 habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating.
28 Evaluation. An mspeefion evaluation of a dwelling ar dwelling unit, performed by a licensed evaluator, to
29 determine the condition of the structural, elechical and mechanical systems as they relate to Chapter 34,
30 Minimum Housing Standards for Dwellings and Multiple Dwellings of the City of Saint Paul.
31 Evaluator. A person who has received a license from the City of Saint Paul to
32 conduct truth-in-sale of housing evaluations.
33 Evaluator Cruidelines: The document issued bv the truth-in-sale of housin� ("TISA") examinin� board by
34 which the TISH evaluation report is completed bv the evaluator. The TISH Evaluator Guidelines utilize
35 both the construction and maintenance standards and codes currently enforced bv the Citv of Saint Paul for
36 dwellings as defined in this cha�ter.
PllBLISH£6
[� 27 '01 page 1
terms that refer to the same bodv.
� �`` �
ai �t�P4
2 Immediate Family • Those persons legally related to each other in a linear relationship such as �and arp ents•.
3 narents, children, erandchildren and siblin¢s. Does not include branchin� relationships such as aunts, uncles,
4 or cousins.
Property code enforcement manager. The person responsible for overseeing the operation of all of the
property code enforcement programs for the City of Saint Paul.
7 Re-evaluation. An amended disclosure report filed as a result of a reiasPeetion re-evaluarion of the subject
8 dwelling or dwelling unit, conducted by the original evaluator, within the period of tune the disclosure
9 report is valid. The re-evaluation does not extend the expiration date of the original evaluation.
10 Time of sa1e. The acceptance of an offer, written or oral, to sell or otherwise change the ownership of a
11
12
13
14
15
16
17
18
19
20
21
property, including a contract for deed, by the owner or agent of an owner of that property.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 95-1360, §§ 1, 12-6-95; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No.
oo-sss, §§ i, io-ii-oo�
Sec. 189.02. Validity of disclosure report.
� A disclosure report is valid for � 365 consecutive davs from the date of its issuance. �e
�b The report is valid only for the owner who is listed on the disclosure report..
�c The report must be comnleted and si� ed bv an evaluator licensed under this ordinance.
(dl The report is valid for onlv one sale durine it's 365 consecutive dav lifetime.
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.03. Required acts.
22 (a) Any owner or agent of an owner who sells or makes auailable for sale a dwelling by implementing any
23 of the following actions, including, but not limited to, advertising the sale of the dwelling, entering into a
24 listing agreement to sell the dwelling or posting a sign that the dwelling is for sale, or any acrion where the
25 logical result of that action will be the sale or change of ownership of the property, shall, within three (3)
26 calendar days of any such action, have an evaluation eand�tete� completed by an evaluator licensed under
27 this Chapter.
28
29
30
31
32
33
34
35
36
37
38
(b) At all times following the completion of the disclosure report a dwelling or dwelling unit that is for sale
shall have a valid disclosure report conspicuously displayed at the premises.
(cl A valid TISH disclosure report shall be completed by a licensed evaluator.
�d) The owner or a�ent of an owner shall make available for viewin¢ a co�y of the valid disclosure report to
all potential buvers.
(�j � A valid disclosure report issued for the dwelling in question shall be provided to the buyer,�the
owner or aeent of an owner, before or at the time of sale of the dwelling.
(fl A valid disclosure report issued for the dwellin� shall be filed bv the evaluator with the secretarv-
treasurer of the examining board, before the time of sale of the dwelline.
fdj � A disclosure report shall be prepared only by persons eertifre� licensed as truth-in-sale of housing
evaluators under �'_r. this chapter.
page 2
�1 ������� 6 0.�7732, §§ 2, 5-3-90; C.F. No. 00-859, §§ 1, 10-11-00)
Sec. 189.04. Exceptions.
The provisions in section 189.03 do not apply to:
(1) Any newly constructed dwelling when ritle is transferred to the first owner.
(2) The sale or conveyance or other transfer of title or control of any dwelling to a public body.
0�-11Fy
6 (3) A dwelling with a valid certificate of code compliance or the orders from a certificate of code
7 compliance inspection as set forth in section 33.06 of this Legislative Code which shall be dated no eazlier
8 than one-fi}pear 365 consecutive davs prior to its usage.
9 (4) The sale or conveyance of any dwelling by a sheriff, constable, marshal, trustee in banlc�nptcy, or other
10 public ar court officer in the perfortnance of their official duties. This chapter does apply, however, to the
11 sale of a dwelling by a personal representative or guardian appointed by a probate court or a sale ordered by
12 a probate court.
13
14
15
16
17
18
(51 Anv dwellin� or dwellin¢ unit covered bv a current Certificate of Occupancy issued bv the Saint Paul
Fire Department's Fire Prevention Certificate of Occupancy program.
�6�y dwelline or dwelling unit where the purchaser is alread�a part owner, heir, or a member of the
seller's immediate familv, as defined in section 189.01
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. ]89.05. Disclosure report form.
19 , the examining board shall develop and approve
20 the disclosure report form. The disclosure report form. applicable to sinele- and two-familv dwellin s,g town
21 homes, co-ops, and condominiums, shall include � secrions
22
23 - - , , - , ,
24 � , . necessary to note:
25
26
27
28
(1) ��nMajor structural defects; or
(2) �'nriTmmediate hazards to health and safety; or
(3) . Deviations from standards defined in the truth-in-sale of
housin� "TISH"1 Evaluator Guidelines.
29 The disclosure report shall also indicate if the single- or two-family dwelling, town home, condominium or
30 co-op is a city-designated Aeritage Preservation Site or located in a city-designated Heritage Preservation
31 District; the Office of License, Inspections and Environmental Protection shall maintain and issue to the
32 pronerty code enforcement mana¢er or designee a list of sites and of addresses within the districts.
33
34
35
36
37
38
39
Nothing in the disclosure report shall indicate, or shall be deemed to indicate, that such dwellings meet all
minimum housing and building standards. The approved disclosure report form shall only be used for
ir�speetia��s evaluations of dwellings in the city by evaluatars eerti€te� licensed under this chapter.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 98-441, §§ 1, 6-17-98)
Sec. 189.06. Warranty limitations.
The disclosure report is not a warranty by the city or the examining board of the condition of the dwelling
evaluated. The evaluator by hisHren�eparE warrants onlv that i�eh��iiize� reasonable care and due
page 3
��!Gi��;!
1 diligence were used in inspecting the dwelling and in completin� the disclosure re�ort.
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.07. Examining board established; membership.
o����a1
(a) The exau�iiiing board far -- TISH evaluatars shall be appointed by the mayor, with
the approval of the city council, and shall consist of nine (9) members.
6 (b) The membership shall include the properry code enforcement manager or iusfher designee, and a
7 representative from each of the following: the building trades, the legal profession, the financial community,
8 the contracting business, the real estate business, the azchitectural or engineering profession, and two (2)
9 citizen members representing the general publia No more than one board member may be a currenflv
10 licensed TISH evaluator.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
(c) The members of the board shall be naamed to three-year terms, which shall continue until a successor has
been duly appointed and qualified. The mayor shall, with the approval of the council, fill any vacancies for
the remainder of the unexpired term.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99)
Sec. 189.08. Organization of the board.
(a) The examining board shall elect a chairQerson and a vice-chairperson. The chairperson shall preside
over meetings of the boazd. In the �-nrhisHrer absence; of the chairperson the vice-chairperson shall
preside.
(b) The property code enforcement manager or irisfher designee shall serve as the secretary-treaswer of the
board. In the absence of the chairperson and vice-chairperson the secretary-treasurer shall preside over
meetings of the boazd.
(c) The secretary-treasurer shall have the responsibility of
(1) Keepine recards of �applications and examinations for licensure,
(2)� license issuances and renewals,
��bfinaintain records of disclosure re�o,rts as required by Chapter 189.14 (fl
�3j � Ecomplaints as to the performance of individual truth-in-sale of housing evaluators,
(-�j �$documentationOctober 18, 2001 of all fees and monies received by the board, and
(61 Performine other duties dele�ated b�the board nerxnitted bv this chaoter or by the board rules and
bvlaws•
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99)
Sec. 189.09. Meetings of the board.
32 Regular meetings of the board shall be held on the second Wednesday of January, April, July and October,
33 respectively. Those meetings may be postponed for up to thirty (3Q) days by the chairperson or the secretary-
34 treasurer. Special meetings shall be held, when necessary, at the request of the chairperson or the secretary-
35 treasurer. A minimum of five (S) days' norice shall be given to members of the board of all upcoming
36 meetings.
page 4
�9 {�E�P
� � � �� 31t"°: `r.�
(Ord. No. 17732, §§ 2, 5-3-90)
Sec. 189.10. Duties of the board.
(a) The following shall be the duties of the board:
(1) Adopt rules and bylaws governing its procedures;
(2) Develop and enforce a code of etYucs for truth-in-sale of housing evaluators;
a� -l��°I
(3) Make available copies of such rules, bylaws and code of ethics to each applicant for �eertifrextE-af'
eampetenep licensure;
8 (4) Develop a test procedure for screeninQ applicants for a license
9 {�6j � Hold an examination for applicants for a license to be an evaluator at
10 least once in every two (2) calendar years, beginning in 1999-2000.
11 �b Submit each applicant for a license to an examination to determine vvheti�er
12 > , ,
13 the ap�licanYs competenc�perform evaluations required under
14 this chapter, and
15 �cl Hear examination a�peals b�pplicants for a license under this chapter accordine to rules ado�ted by
16 the board.
17 (5) Issue a license in the form of an identification card to each applicant who
18 satisfactorily passes the exam, � pays the required fees, and satisfies all other qualifications for licensine
19 reauired bv the board or this cha�ter;
20
21
22
(6) Establish annual renewal fees and renew each :��'�r license upon payxnent of the established fees;
(7) Establish minimum educational and/or training requirements which must be met and maintained by the
evaluator;
23 (8) >
24 ,
25 ', Take adverse action against a license ar licensee as defined in section 189A1.;
26
2/
20
29
30
31
32
• "..'""�
�'I� II�P3�1R�71A7�(�I�PI�I�Yl�11�141�F1�\�Il�l�ll�l�l�l'�lI1tU�����1R�1�I1��1T�4�lUtRU��1�1�14�/�Plt�lr��l�ll�I�rl
• � � . � �� ��� �� • • • � � � � I
•�•
r� � � � � � ����� � • � •
f i�}j � Establish all fees for the tnxth-in-sale of housing program including, but not limited to, the non-
refundable exam application fee(s), the initial and re-licensing fee(s) for evaluators, and the filing and late
fee(s) for disclosure reports.
(�}j (101 To develop adopt and issue evaluatar guidelines.
33 (b) Decision of the examining board, with respect to these duties, shall be fmal; . Adverse action(s�a a�inst
34 a license or licensee, only, are subject to appeal to the Saint Paul City CounciL Any board order to an
35 evaluator shall include a written statement notifying the licensee of the right to appeal that order to the city
36 council.
37 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ l, 9-1-99; C.F. No. 00-859, §§ l, 10-11-00)
page 5
����Gi���,L
1 Sec.189.11. Appeals.
�,.���1
(a) Filing. An evaluator may obtain a hearing before the Saint Paul City Council to appeal any board order
by filing a written request with the city clerk. The deadline far filing an appeal shall be within ten (10)
calendaz days after the date when the order is sent to the evaluator.
(b) Setting hearing date. In the event that an appeal is filed with the city clexk, the city council shall, within
two (2) weeks, fix a date for a public hearing. The city clerk shall mail a notice of the date, time, place and
subject of the hearing to the person requesting the appeal and to the boazd.
8 (c) Hearing. At the tune of the city council hearing, the city council shall hear from the person requesting
9 the appeal, any board member or their designee, and any other party who wishes to be heard regarding the
10 appeal. After the hearing, the city councii may reverse, confirm or modify the board's arder. The city clerk
11 shall mail a copy of the city council'S decision of the appeal to the person requesting the appeal and the
12 board chairperson.
13 (Ord. No. 17732, §§ 2, 5-3-90)
14 Sec. 189.12. Applications for certiFeates license-����ian-f�s.
15 (a) Each person desiring a license shall file with the examining board, at ]east
16 three (3) days prior to the date of the examination, an application to take the examination and shall pay the
17 non-refundable suxn(s) determined by the board as the examinarion fee(s).
18 (b) Each application shall contain the following information: name, address, place of current employment,
19 time and place of schools attended and studies completed, together with a chronological record of the
20 applicanYs previous employment, with complete information regarding duties and the type of work
21 performed.
22 (c) The applications aze public data under the Minnesota Data Practices Act and available to any person
23 upon request.
24 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No. 00-859, §§ 1, 10-11-00)
25 Sec. 189.13. . License Issuance and Benewal
26 . ,
27 , >
28 .
29 - - .
30 iieense-qexr-
31 {bj� Any persau candidate who passes the examination to become a truth-in-sale of housing evaluator has
32 �}q�ar 365 consecutive da s� ig bilitv for licensine from the date of passing the examinarion to
33 obtain' - � - riic�c a license. The candidate will have to reapply and pass another examination if the
34 appiiexnt candidate fails to abE�ria�ee�i�exfe complete the licensingprocedure within that air�year period.
� . : : . : . ... .,. . :. : ..
� � \ �� • � \ • " • \ � • � �A •
• • • - • • •• • • � • • •
� • • � / • � • • � • , �
� • � � • � �
s��s+�s
� / l!9 S4�l�P1Pl�ltUrilR�1����lT�R�I�rS�1�l�ld���•l��r�\i�l���A1�1.\�l�r��l�l��t�11�1�1�DJ�A�l�1R9\���1�a�9�i\�4�l��lr�
page 6
C�'? fi°°� � C^s � n 6 P; 3 �� � 11Y4
i r�'V t i�
�_ .
2 . Exemptions from these requirements mav be allowed bv the Board.
9
10
11
12
13
14
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 00-859, §§ 1, 10-11-00)
Sec. 189.14. Disclosure report, filing �ad-�liag-ftes.
�1 For original disclosure reports;
(a) Each truth-in-sale of housing evaluator, when preparing a disclosure report, shall set forth any structural
defects, any immediate hazards to health and safety, and/or other via�xfians deviation(sl a€from the
standards set forth in the Evaluatar Guidelines. . The evaluator. using Herita�e
Preservation documentation issued to the truth-in-sale of housing boazd b�he Office of License.
Inspections, and Environmental Protection, shall report the � status as a city-designated Heritage
Preservation Site or location in within a city-designated Heritage Preservation District fin-�weHnigs�&
. . The disclosure
report shall be ez�her typewritten, ar�egTb}y printed le i�blY in ink, or in a previously-arororoved computer-
penerated format.
I S (b) The evaluator shall submit to the seller the origjnal copy of the disclosure report. r4 The evaluator shall
16 file a duplicate �fi�ed with the secretary-treasurer of the examining boazd within ten (10) days after
17 the evaluation or re-evaluation has been made in accordance with 189.14 (d).
18 (c) The evaluator shall �pay the filing fee established by the board, ' required with
19 each disclosure report filed with the secretary-treasurer.
20 (d) Any evaluator who fails to file the disclosure report within ten (10) days of the evaluation date shall be
21 assessed a any late penalty fee established by the board. �iris Late penalty fee�s,� shall be in addition to the
22 normal filing fee for a disclosure report.
23 (e) In addition to the above penaltiesy, the failure to submit the ori 'ng� al co�v of the disclosure report to the
24 seller, pay the required filing fees, ar the failure to iimelq file any disclosure report within 30 days of the
25 date of the evaluarion shall be sufficient cause for the examining board to , ,
26 renew-tke take adverse action against the license or licensee --
27 irans�ar.
28 ( fl The examining board shall keep each disclosure reuort submitted bv an evaluatar on file in accordance
29 with the Records Retention Schedule as required by,Minn. Stat. 5138.17. , ,
30 .
31 - ,
32 apprapriate:
33
34
35
36
37
38
39
� �,
(21 For Re-Evaluation re�orts•
(al Evaluators shall meet all requirements as for oriQinal reports except there shall be no filine fee required
unless a fee is specificallv ordered by or throu�h the board.
(Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 98-441, §§ 1, 6-17-98; C.F. No. 00-859, §§ 1, 10-11-00)
Sec.189.15. Duties of evaluators.
� Each �ali$}y evaluator is required to:
(1) Comply with the code of ethics;
(21 Complete the disclosure�ort in accordance with the standards in the Evaluator Guidelines;
page 7
¢'�? � � i °° d �x_ � r 3
�� o � � �:� � . � oi-ittrq
i {�j � Conduct all evaluations within the program guidelines;
2 �3j (� Meet any required continuing educarion requirements established by the examining board; and
3 ( � Meet all other requirements established by the examining board and/or this chapter.
4 (bl Failure to com�ly with anv one or more of these duties shall be sufficient cause for the board to take
5 adverse action aeainst the license or licensee.
(Ord. No. 17732, §§ 2, 5-3-90)
7 Sec. 189.16. City employees not to be certified.
8 (a) No employee of the City of Saint Paul is eligible to receive a license.
9 (b) Should any person who has a license to perform evaluations in Saint Paul
10 become an employee of the city, that person shall immediately discontinue conducting evaluations in Saint
11 Paul and shall retum � the license to the property code enforcement manager.
12
•
�. . . . .... . . .. . ..• .
� : : � . . . .. . . . .: :
..� . . . •.•...� .. ..• ....
. . . : . . :. : . .. . . . :
. : . . ..: . . :.� �� >..::. . :.:
: . . .
19 (Ord. No. 17732, §§ 2, 5-3-90; C.F. No. 99-752, §§ 1, 9-1-99; C.F. No. 00-859, §§ 1, 10-11-00)
20 Sec. 189.17. Fees €ar
21 � Truth-in-sale of housing evaluators may charge a reasonable fee for their services.
22 (bl The Board sets fees as authorized in 189.10 �or :
23 (1) initial license fee and license renewal;
24 (21 evaluator apvlication, examination, and testing;
25 (31 disclosure report filing and late fees:
26 (4) other fees determined necessarv bv the Board to support the rp O�ram activitv(iesl authorized under this
27 chapter•
28 (Ord. No. 17732, §§ 2, 5-3-90)
29 Sec.189.18.Insurance.
30 (a) No license shall be issued or renewed without satisfactory proof of insurance
31 insuring the applicanUevaluator.
32 (b) The City of Saint Paul shall be included as a named insured on the required insurance and any
33 additional cost for including the city shall be at the expense of the applicant/evaluator.
34 (c) The applicanYs/evaluator's insurance shall remain in force continuously thereafter and no ��
35 eampefeney license shall be deemed to be in effect during any period of time when such insurance and proof
36 thereof are not also in effect.
page 8
C"�„r°; ± '-� ` ` '
o R. �.., ` .^ � ,
: � a �_►1r��
1� (d) Each applicanUevaluator shall have an individually named insurance policy.
2 (e) The insurance policy shall provide coverage of not less than two hundred fifty thousand dollars
3 ($250,000.00) per claim nor five hundred thousand dollus ($500,000.00) per year aggregate, ar the
4 minimum limits currentiv required bv the City of Saint Paul. Risk Management Deparhnent, against any and
5 all liability unposed by law resulting from the performance of the duties as a certifie� licensed truth-in-sale
6 of housing evaluator.
7 (Ord. No. 17732, §§ 2, 5-3-90)
8 Sec. 189.19. Failure to comply.
9 The failure of any owner or agent of an owner to comply with the provisions of this chapter shall be a
10 misdemeanor.
11 (Ord. No. 17732, §§ 2, 5-3-90)
12
13
Section 2
14
15 That this ordinance revision shall take effect and be in force thirty (30) days after its passage, approval and
publication.
Adoption Certified by Council Secretary
^ 4 BY:
By: � � � � i--�
�� � A � e � Approved by Mayor for Submission to Council
Approved by Mayor: Date /ti�
By:
/���/ BY .
f'
�L►S.'.-,
t'
a �,
page 9
Form Approved by City Attorney
'""` I `Division�ofCodeEnforcement
'ACT PER9DN & PFIONE
Michael R. Morehead 266-8439
L AGENOA BY (DA'f�
November 7, 2001
� � 10/16/Ol
TOTAL i� OF SIC,NATURE PAGES 1
�i ir�y
GREEN SHEET
_ :,!-'� j' �I
�
No�� o2��s
��.
,.�.���a». ❑..�.�,�,.�
W1MI�KMMI11 ❑
(CLIP ALL IOCATIONS FOR SIGNATURE)
Approve changes and amendments to Chapter 189, Truth-in-Sale ofHousing orduiuice as attached. Add definitions,
give the board direct authority to issue evaluator guidelines and approve the form used, and make so� k�ng�wage
changes to reflect actual termiuology and usage, and for clarification. �� $�' �"�'� `��
��'� `.' �: �� �
PLANNING CAMMISSION
CIB COMMI'tTEE
CML SERVICE COMMISSION
F�SU,is a�+soMfin ererwo�d wwer a ca�Gaatorua. aeparo„ener
Y6 NO
tiastlNSpeisoNfirmevunrenaaryemWoyee9 "�- , .
YES NO °
ooectl�is peBONEm+Pa�s a s4dN nat �rypm�sse� bY �rr �++R� �Y �D'AV�
YES NO
b ttiis pemaYfirm a farpMetl ventloR
YES NO
The Boardrecentlyreviewed and adopted new Guidelines. Inthe process,.staffdiscovered thatwhile the authorityto dc
so is implied in Chapter 189, there is no direct aufliorityto do so. Consequently staffbegan to review the ordinance and
discovered several "kousekeepnig' changes'to make, as well as other language that could be rewritten forbetter clarity,
and also took the opportunity to updaYe the language to reflect Yhe current usage.
The Truth-in-Sa1e ofHousing board's responsibilities, and the responsibilities of evaluators aze clarified and better de-
fined, and consistent with the way the program has been functioning. Evaluator "certification" is changed to "licensed",
and is now coordinated with the City's processes, rights and procedures for licensees.
None
IF
oidivauce mayresult in more work for the City AUomey's office and the Council if board authorityis cl�al-
AMOUNTOFTRANSACTIONt � �
noneneeded
���a
COST/REVENUE Bl70fiETED (CIRCLE ON�
,��, 040-3 0250
YES NO