HomeMy WebLinkAbout1995 07-17 CCP Special Work Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
JULY 17, 1995
6:00 p.m.
Special Work Session
Council Chambers
1. Call to Order
2. Roll Call
3. Interview with Kay McAloney of League of Minnesota Cities Concerning
Assistance on City Manager Recruitment
4. Adjournment
e
CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
JULY 17, 1995
7:00 p.m.
Work Session
1. Call to Order
2. Roll Call
3. Work Session Overview
4. Potential Housing /Neighborhood Topics for Discussion:
Note: These are but a few of the topics the Council might wish to discuss.
a. Code Enforcement
b. Scattered Site Acquisition and Revelopment
C. 6637 Humboldt Avenue North
d. Point of Sale /Truth in Housing Ordinances
e. Willow Lane
f. Neighborhood Groups
C; Neighborhood Revitalization
h. Mortgages
5. Other Business
6. Adjournment
MEMORANDUM
Date: July 13, 1995
To: Mayor Myrna Kragness
Councilmember Kathleen Carmody
Councilmember Barb Kalligher
Councilmember Kristen Mann
Councilmember Debra Hilstrom
From: Brad Hoffman, Community Development Director /
1
Subject: Work Session Overview
At Monday evening's work session we will be discussing housing-related issues. Such a
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topic is obviously very broad in scope, and Council will undoubtedly have a number of
specific issues they would like to discuss. As opposed to creating a specific agenda, staff has
a number of issues we would like to discuss and get some direction from Council.
Code enforcement has been a point of frustration for the Council, the community, and staff.
As with most everything the Council must deal with, code enforcement is limited by the
resources available to the City for this activity. The activity is primarily divided between
Community Development, the Police Department, and, to a lesser extent, Public Works. For
over a year now, Community Development has been very focused on apartment complex
code compliance. Almost all of the department's resources have been directed in this area.
As a result, little time has been spent on code enforcement within single - family residential
areas. As a general rule, Community Development responds to specific complaints (reactive)
as opposed to going out and actively seeking out (proactive) code violations. There are still
a number of apartment complexes that need some focused attention, and we are not through
with some that we have started. On Monday evening, staff would like the Council's
perspective on this topic, where to focus resources, and the priority you place on the activity.
The property at 6637 Humboldt is now vacant. Northwest Hennepin Human Services and
Invite, Inc., both wish to operate out of the building. At this point, the building should be
taken down or put to some use. The building is a fourplex. The EDA also owns the land
immediately north of the complex.
In your packet you will find a copy of the 1989 Maxfield Housing Study. If you want to
discuss neighborhood revitalization, you should look at the study's specific recommendations
for each neighborhood. As part of a discussion regarding neighborhood revitalization, we
should consider such things as Point of Sale code compliance, neighborhood groups,
scattered site acquisition and disposition, mortgages, both first -time home buyer and assisted
second mortgages.
Memorandum to Mayor and Council
July 13, 1995
Page Two
The tax increment district just created b the City requires 15 % of the revenues be used for
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housing- related activities. The statute was written in such a manner that the Council /EDA
has discretion as to what constitutes an appropriate activity. Over time this will be the City's
principal financial tool for all redevelopment activities. I think it is important to start a
discussion about the use of these monies now in order to start developing the types of
programs and /or activities desired by the City.
Monday evening Tom Bublitz and I will be available to discuss housing activities with you.
MEMORANDUM
Date: July 13, 1995
To: Brad Hoffman, Community Development Director
=
/
From: Tom Bublitz, Community Development Specialist j 7
Subject: EDA Scattered Site Acquisition and Redevelopment Program
The Brooklyn Center EDA has been acquiring and demolishing blighted single- family and
multi - family properties since 1987. Since that time, the EDA has acquired and demolished
46 blighted and substandard single- family and multi- family housing units and cleared the lots
for redevelopment. The breakdown of the 46 units is 34 multi- family and 12 single- family
housing units.
The EDA has had some success with the redevelopment of the single - family lots, but the
redevelopment has essentially been limited to a single builder producing market rate homes
plus one lot per year conveyed to Twin Cities Habitat for Humanity for the past three years.
The market rate homes built have been above the median value for single - family homes in
the City, and the Habitat homes built have been approximately at the median value.
In an effort to reexamine the FDA's scattered site program, the EDA staff has been
conducting a survey of what other metropolitan cities are doing with their scattered site
acquisition and redevelopment programs. Assisting the City staff in this effort has been Amy
Gonyea, Brooklyn Center Housing Commission member and University of Minnesota
housing program student. Amy has surveyed a number of metropolitan communities and a
summary of some of her research is shown by the following:
• Examples of scattered site programs that exert a great deal of control over the
redevelopment process include the cities of Bloomington and Richfield. Both
programs require developers to enter into a formal development agreement with
the city or HRA.
• A summary of Bloomington's program titled, "Bloomington Single Family
Program. Procedures and Instructions" is included with this memorandum.
• The development agreement approach gives the City /EDA, as seller, a great deal
of formal control over the development process, and in Bloomington's case, if
the developer defaults, the lot reverts back to the HRA.
• An example of a somewhat less restrictive approach to single - family
redevelopment is found in the City of Crystal. Crystal's process for
redeveloping its scattered site lots includes the following:
Sealed bids with minimum lot values specified.
Minimum finished square footage required (1,000 square feet on main
floor).
Memorandum to Brad Hoffman
July 13, 1995
Page 2
Minimum market values of building required, excluding land value.
• Another option for the City to consider is to use a realtor to market the EDA's
scattered site lots. In surveying other cities, staff did not find any municipality
using realtors to market their scattered site lots, but this remains an option. The
rationale here would be that the realtor would essentially match up the lots with
a builder and buyer. The going rate for sales commissions on raw land is
approximately ten percent (10%).
Whatever process the EDA uses to develop the lots, staff believes it is critical to the success
of redevelopment of the scattered site lots to build a positive relationship with builders and
developers interested in infill housing in order to create a comfort level with Brooklyn
Center's housing market. Staff believes we would essentially need to take on the role of a
realtor in the sense that we will be trying to convince builders and developers to invest in the
City of Brooklyn Center, while at the same time trying to obtain the highest possible quality
housing for the City.
As part of this process, the EDA would also determine what builders perceive as the market
for new homes in Brooklyn Center, including square footage, design, price, etc.
At this point, staff is looking for some direction from the City Council /EDA with regard to
where the issue of scattered site redevelopment stands in terms of the overall priorities for
redevelopment in the City.
In addition to the redevelopment phase of the scattered site program, staff is also looking for
some direction from the Council with regard to acquisition priorities. Specifically, should
acquisition focus on certain areas such as the Brooklyn Boulevard area or the southeast
neighborhood, or should acquisitions be done in all neighborhoods?
Bloomington Single Family Program
Procedures and Instructions
Program Summary
The Bloomington Housing and Redevelopment Authority (PIRA) has developed a program to
acquire deteriorated and substandard single family housing and replace it with new higher value
housing. Properties are acquired voluntarily.
Elizible Purchasers
In order to purchase a site the buyer must be either,
• the future owner occupant who has retained a building contractor, or
• a builder who will be developing the property on speculation who has the demonstrated
financial ability to complete quality home construction.
Purchase Price
Each lot will have a minimum purchase price. No fees will be paid by the HRA to real estate
agents or brokers.
Development Process
The following generally describes the procedure used under this program.
1. Drive by the sites the HRA currently has for sale.
2. Identify a builder to work with you.
3. Develop preliminary plans, complete application form. Preliminary plans include sketch of
building elevation, floor plan and site plan. Site plan need not be drawn from survey for this
submission.
' ff and Redevelopment Authori ty
an application form to Bloomington Housm a
4. Submit plans app � P
along with a $500 participation fee. If the proposal is not accepted, the $500 will be
returned.
5. If offer is selected, the builder will enter into a Participation Agreement with the HRA
6. The builder will have 39 days to enter into a Development Agreement with the BRA to
secure interest in the site.
7. Builder may purchase the site prior to construction through their own source of funding, or
through HRA financing at the HRA's discretion.
Builder Requirements
The Development Agreement requires the builder to:
1. Demonstrate financial capability by:
a. Statement from a financial institution of sufficient construction capital; and
b. A letter of credit; and
c. Summary of the financial conditions of the company.
2. Possess adequate Builder's Risk, Comprehensive General Liability and Worker's
Compensation Insurance coverage.
3. Possess H.O.W. insurance or equivalent to perform warranted repairs required by Minnesota
State Statute.
The Builder should anticipate being asked to provide references from:
a. Five satisfied customers.
b. Three major suppliers, one being the construction lumber supplier.
c. Building Inspectors from two cities in which the builder has constructed new
housing within the past three years.
Housing Design and Site Criteria
The BRA will require the following:
1. Each home shall be a detached single - family dwelling.
2. Three and four bedroom homes are preferred. However, a minimum of two finished
bedrooms and easily finished space for a third bedroom may be acceptable.
3. Two full bathrooms are preferred, however, a minimum of one full bath and a 1/2 bath
roughed in may be acceptable.
4. A two car garage, attached or detached, must be provided on the site.
5. Exterior materials should be low maintenance. Hardboard siding materials are not
acceptable.
6. All building plans must be prepared in consultation with an Architectural Designer with a
minimum two years technical degree or an Architect. House design is a critical concern.
The house building lines, window placement, and orientation to street, must present a
balanced and pleasing view from all sides. Garage door dominance in design must be
minimized..
7. Site must be fully landscaped and sodded upon completion.
8. Adjoining properties must not be disturbed by the construction process.
9. Construction and the finished structure must improve or not have a detrimental impact on
storm water drainage patterns in the neighborhood.
Selection Procedure
Selection of a purchaser will follow the procedure set forth below.
1. When the first offer is received it will be held for 72 hours. Additional offers.will be accepted
during this time. Offers will remain confidential.
2. A Participation Agreement will be signed with the qualified builder making the highest offer.
No offer shall be accepted for less than the minimum stated price. If all bids are for the same
dollar amount the first qualified offer will be accepted.
3. Builders offering to purchase more than one site will be given preference if their total offer is
comparable to the total of the highest single bidders.
4. The ERA reserves the right to reject any and all offers at its sole discretion.
' GEN\BSPl.doc
BLOOMINGTON SINGLE FAMILY PROGRAM
APPLICATION
Please complete the following information_ Application must be accompanied by $500
Participation Fee and Preliminary Site Plan, Elevation and Floor Plan.
BUILDER INFORMATION
Builder Name
Builder Address
Builder Phone
Number of homes built last five years
Names of community where homes were built
Can you provide a Letter of Credit equal to the purchase price of the home?
CONSTRUCTION INFORMATION
Estimated square footage of home Finished Unfinished
Number of bedrooms
Number of bathrooms Finished Unfinished
Garage size
Proposed exterior building material
Estimated sales price
BUYER INFORMATION
Buyer Name
Buyer Address
Buyer Phone (w) (h)
Is this a first time homebuyer?
Annual gross income
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SINGLE FAMILY REDEVELOPMENT DISTRICT #1
PARTICIPATION AGREEMENT
THIS AGREEMENT is made and entered into this day of , 1994, by and
between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
BLOOMINGTON, a body corporate and politic under the laws of the state of Minnesota, having its
principal office at 2215 West Old Shakopee Road, Bloomington, Minnesota 55431 -3096 (I-IRA) and
, a Minnesota , having its principal office at
(Developer).
In consideration of the mutual covenants and obligations of the BRA and the Developer, the
parties do hereby covenant and agree as follows:
1. The Developer agrees to pay $500 to the BRA for the right to participate in redevelopment of a
property owned by the BRA in accordance with the guidelines of the HI Aks Single Family
Redevelopment District #1 (the BRA's Program).
2. In return for $500, the receipt of which from the Developer is hereby acknowledged by the BRA,
the BRA grants to the Developer the exclusive right to enter into a contract to redevelop the
property located at and legally described as
in accordance
with the HRA's Program. This right will expire on , 199 unless, prior
thereto, the Developer and the BRA have executed a Contract for Private Development with
regard to the property.
3. The BRA agrees to negotiate in good faith with the Developer regarding redevelopment of the
property but nothing contained in this Agreement shall require the BRA to enter into a Contract
for Private Development if, at the BMA's sole discretion, it deems such not to be in its best
interests. Provided that the BRA negotiates in good faith, the Developer releases the BRA and
waives any claim against the HRA it may have to: (1) execution of a Contract for Private
Development; (2) damages of any kind attributable to failure to execute the same; (3) any costs or
expenses it may incur attributable to this participation Agreement; or, (4) any other claims of any
nature whatsoever directly or indirectly related to this Participation Agreement.
4. The fee paid by the Developer to the BRA in connection with this Agreement for participation in
the IRA's Program is..non- refundable and non - transferable to any other property or site owned by
the BRA.
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF BLOOMINGTON, MINNESOTA DEVELOPER
By: By:
Its Administrator Its
By:
Its
MEMORANDUM
Da 1
Date: July 13, 1995
To: Brad Hoffman, Community Development Director
From: Tom Bublitz, Community Development Specialis, !
Subject: Housing Commission Recommendation Regarding Point of Sale and Truth
in Housing Ordinances
Over the past several months, the Brooklyn Center Housing Commission has been reviewing
Point of Sale and Truth in Housing ordinances and their potential applications in Brooklyn
Center. The commission's consideration of these ordinances concluded in a vote to
recommend one of the ordinance options to the City Council. At their May 16, 1995,
Housing Commission meeting, the Brooklyn Center Housing Commission voted on which
type of ordinance, Point of Sale or Truth in Housing, to recommend to the City Council.
With one commission member absent, the May 16th vote resulted in a tie with four
commissioners voting to recommend Point of Sale and four commissioners voting to
recommend Truth in Housing.
The Housing Commission agreed to forward this "tie" recommendation to the Council for
their consideration.
As background information for the City Council, the following summary of information
relative to Point of Sale and Truth in Housing is provided:
• Both Truth in Housing and Point of Sale ordinances are designed to address
code deficiencies in homes that are being sold. The difference between Point of
Sale and Truth in Housing is that Point of Sale ordinances require deficient
items to be corrected by the seller and Truth in Housing ordinances require only
disclosure of the deficient items.
• There are variations on Point of Sale and Truth in Housing ordinances. For
example, some Truth in Housing ordinances require that hazardous items (faulty
electrical or other potential life safety problems) be corrected prior to sale.
There are also variations in Point of Sale ordinances, including some ordinances
which require bringing the deficient items up to current code standards and
others requiring the items be brought up to the code in place at the time of the
home's initial construction.
• Both Truth in Housing and Point of Sale ordinances are implemented in different
ways in different cities. Some use private inspectors to perform the work and
other cities use City staff. There are disadvantages and advantages to both
approaches.
Memorandum to Brad Hoffman
July 13, 1995
Page 2
• Generally speaking, the goal of Point of Sale and Truth in Housing ordinances
with regard to fee structures is that the inspection fees cover the cost of the
program. While fees may cover the majority of costs, in most cities there will
always be some costs, such as those associated with oversight and supervision of
the program, that generally are not recovered by inspection fees.
Although there is some debate on the cost of repairs to the "average" home,
indications from other cities show that the majority of repairs are likely to be
under $1,000, but there will undoubtedly be cases where the costs will be
substantially higher.
• Also included as background information for the Council on Point of Sale and
Truth in Housing are the following documents:
1. Housing Commission minutes from its April 18 and May 16, 1995,
meetin relative to Point of Sale and Truth in Housing discussions.
2. Truth in Housing ordinances and information from the cities of
Minneapolis and Hopkins.
3. Point of Sale ordinances and information from the cities of Crystal
and St. Louis Park.
4. Position paper and summary of several municipal Point of Sale /Truth
in Housing ordinances from the Minneapolis Association of Realtors.
Staff was contacted by the Association of Realtors and they have
requested to be involved in the discussion of Truth in Housing and
Point of Sale.
5. Public duty doctrine obtained from the League of Cities. Essentially,
this item addresses the issue of liability with regard to enactment of
Point of Sale and Truth in Housing ordinances.
The Council work session on July 17 will provide an opportunity for the Council to review
the Housing Commission recommendation and to review examples of other municipal Truth
in Housing and Point of Sale ordinances.
a
MINUTES OF THE PROCEEDINGS OF THE
HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
APRIL 18, 1995
CONFERENCE ROOM B
BROOKLYN CENTER CITY HALL
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by Chairperson Robert Torres
at 7:00 p.m.
ROLL CALL
Chairperson Robert Torres, Vice - Chairperson Ernie Erickson, Commissioners Todd Cannon,
Vince Opat, Jack Kelly, Jonathan Carter, Henry Yang and Amy Gonyea. Also present were
Council Liaison Kathleen Carmody and Community Development Specialist Tom Bublitz.
Commissioner Maria Olek was absent from the meeting.
Also in attendance at the meeting were the evening's guest speakers, Karen Barton, Senior
Planner with the Hennepin County Office of Planning and Development and Clay Larson, City
of Brooklyn Center Building Official.
APPROVAL OF AGENDA
There was a motion by Commissioner Erickson and seconded by Commissioner Cannon
to approve the agenda, as submitted. The motion passed.
APPROVAL OF MINUTES - MARCH 21, 1995
The minutes for the March Housing Commission meeting were passed out as a handout
at the meeting and commission members deferred consideration of the March minutes
until the May Housing Commission meeting.
PRESENTATION ON POINT OF SALE AND TR UTH IN HO USING ORDINANCES BY
GUEST SPEAKERS
The Community Development Specialist introduced Karen Barton, Senior Planner with
Hennepin County, who formerly served as a Housing Inspector in the City of Brooklyn Center,
was hired by the City of Crystal to set up their Point of Sale ordinance and now works for
Hennepin County in the area of housing rehabilitation.
Ms. Barton explained how she proceeded with setting up the Crystal Point of Sale ordinance
and noted that her initial task was to survey other cities, gather their ordinances and assemble
an ordinance for Crystal using the best features of existing Point of Sale ordinances. She
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explained the City of Crystal's ordinance was a code compliance ordinance which meant that
items had to be corrected prior to the sale of the home or in an acceptable period of time after
the sale. Corrections made after the sale meant that the new owners would assume
responsibility for correction of the items noted in the code compliance inspection.
Ms. Barton explained that there are generally two types of Point of Sale ordinances: One
where code compliance requires that all items be corrected and another type of ordinance
where only hazardous items need to be corrected. She explained that she would recommend
either adopting a total code compliance ordinance or a Truth in Housing ordinance and not a
hazardous items only which is somewhere between the code compliance and Truth in Housing
ordinance. She also recommended that if the City would adopt a Point of Sale or Truth in
Housing ordinance, she would recommend that City inspectors be used to reduce the cost to
the homeowner and to establish a consistency with regard to the quality of the inspections.
Ms. Barton went on to explain how the Crystal ordinance was implemented and noted that the
process included educational meetings for homeowners with regard and to the ordinance. She g g
explained that a majority of the people in Crystal appeared to accept the program.
Ms. Barton pointed out another feature in the Crystal ordinance is that items did not have to
be brought up to present day code unless bringing it up to today's code would negatively affect
life safety issues. As long as the item did not create a life safety problem, the repair item need
only be brought up to the code in place at the time of the construction of the home.
Ms. Barton also noted that Crystal averaged approximately 550 home sales per year during the
Point of Sale program.
Ms. Barton also pointed out that one of the policies of the City was that if an item was
hazardous it had to be repaired, even if the home was not sold.
Commissioner Erickson inquired as to the average cost of repairs in the Crystal program. Ms.
Barton replied that generally the repairs averaged between $100 -200, but in some cases where
homeowners had to put on new roofs, for example, the cost increased substantially. She
pointed out that in her Point of Sale inspections, she encountered the typical "do it yourself'
code violation problems with electrical and plumbing and also other items such as installation
of handrails and painting. She pointed out that the Crystal ordinance did not require that a
furnace be replaced unless it was "red- tagged ".
Councilmember Carmody inquired as to the time needed to do the inspections. Ms. Barton
replied that it took between one to two hours, depending on the condition of the property.
Commissioner Erickson noted that many of the older homes in this area have only a 60 amp
electrical service, and inquired whether or not this was required to be updated. Ms. Barton
replied that these items were grandfathered in if the system was not overloaded electrically.
She pointed out that, unlike the St. Louis Park ordinance which requires updating to today's
4 -18 -95 -2-
a
code, the Crystal ordinance only required updating to the code at the time of construction
unless it presented a life safety hazard.
Ms. Barton pointed out that new home buyers could get a copy of the inspection orders once
the items were corrected because at that point they became public information. She pointed
out the program was set up to be self - supporting from the fees charged for inspections. For
a single - family home, the cost for the first year of the program was $65 per home and in the
second year, it went to $70 per home. She added that there were no reinspection fees. In the
private market, she pointed out, home inspections related to Point of Sale or Truth in Housing
range from $50 up to $200. Ms. Barton pointed out that items such as windows were replaced
only to comply with the egress requirements of the building code or if the windows were
broken or rotting.
Councilmember Carmody inquired as to the number of repairs needed on projects done without
building permits. Ms. Barton replied that for those projects done without permits and done
improperly, they had to be corrected (such as decks that were constructed improperly and
posed a safety problem).
Commissioner Kelly inquired whether the Crystal ordinance would allow inspections prior to
putting the house on the market. Ms. Barton replied that this could be done, but if hazardous
items were discovered during the inspection, they would have to be corrected even if the house
was not eventually put up for sale.
Commissioner Erickson inquired as to whether or not homeowners would have to pay permit
fees for work done under a Point of Sale compliance. Ms. Barton replied that in Crystal, if
the work required a permit, then homeowners were required to pay for the permit as part of
the Point of Sale compliance.
Commissioner Kelly pointed out that it was his observation that people needed a length of time
to correct the items found in the Point of Sale ordinance and inquired how this was addressed
in Crystal. Ms. Barton explained that in Crystal, homeowners were encouraged to arrange for
inspections prior to putting their house up for sale.
Councilmember Carmody inquired as to the maximum cost Ms. Barton experienced in a Point
of Sale compliance during her time at Crystal. Ms. Barton pointed out that in the process of
Point of Sale inspections, three homes were actually condemned. She noted that all three
homes were estates. Other than those three homes, the most extreme cost she observed was
a cost of $5,000.
Ms. Barton explained that title companies in the area were notified of Crystal's Point of Sale
ordinance and closings did not take place without the Point of Sale certificate being part of the
closing.
Clay Larson, the City's Building Official, pointed out that he believes there is virtue in both
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the Point of Sale and Truth in Housing ordinance, but that the Truth in Housing ordinance
requires some knowledge by the buyer to distinguish between minor repairs and those of a
more serious nature. If more serious repairs are needed to the home, buyers can then
determine whether or not they would choose to buy the property.
Mr. Larson stated that the Truth in Housing ordinance is somewhat less controversial than
Point of Sale since it does not require compliance. He pointed out that he serves on a board
of evaluators for the City of St. Paul's Truth in Housing ordinance.
He explained the Point of Sale ordinance sends a message to homeowners that if you don't
maintain your house, you will be required to do the deferred maintenance repairs at the time
of sale. Also, he pointed out, at the time of sale there is usually cash available for repairs
which can be done by contractors and paid at closing.
Mr. Larson also pointed out that the "home handyman" trend has created some problems for
new buyers in that the repairs done by the "home handyman" have not always been correct
with regard to code. He stated he believes buyers and owners need help to assure that their
repairs are done correctly and that a Point of Sale or Truth in Housing ordinance can address
these issues.
Councilmember Carmody inquired as to who initiated the ordinance in Crystal. Ms. Barton
explained the City's Planning Commission recommended the ordinance in Crystal since they
do not have a Housing Commission in Crystal.
Building Official Clay arson stated that he is interested in getting the commission's thoughts
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on the Point of Sale and Truth in Housing ordinances.
Commissioner Erickson stated that the commission's previous consideration of this item was
defeated by a narrow vote of Housing Commission members. He explained that in the last
three ears he has seen increasing deterioration of some of the single-family neighborhoods,
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more than was experienced in the three years prior to the first consideration of this item by the
commission.
Councilmember Carmody pointed out that this issue also came up while she was campaigning
for City Council. Also, she pointed out that former commissioner Keith Tuttle brought up the
issue as a new member and was a major area of concern for him at the time.
Councilmember Carmody pointed out that if a Point of Sale or Truth in Housing ordinance can
reduce or eliminate blight before removal of a home is warranted, the City can save taxpayers
money in the long run.
Commissioner Cannon noted that when he purchased his home, it was inspected by an FHA
inspector and he was amazed at what the FHA found acceptable.
4 -18 -95 -4-
,
Ms. Barton pointed out that FHA inspectors are actually doing more in the area of appraisal
for the bank loans than they are for actual building code inspections.
Commissioner Cannon noted that the FHA inspector inspecting his home did not condemn the
deck on his house, but that it eventually collapsed. He added that he believed that with at least
a Truth in Housing ordinance, this would eliminate these types of "surprises" for home buyers.
The City's Building Official pointed out that the advantage of a Truth in Housing -type
ordinance is that there is always a pool of inspectors available in St. Paul and Minneapolis.
He pointed out the Point of Sale ordinance would require an additional inspector and also
additional clerical time. Also, the Truth in Housing ordinance would at least require additional
clerical time.
Councilmember Carmody requested the Housing Commission members to indicate whether or
not they want to go forward with the Truth in Housing or Point of Sale ordinance. The
responses to Councilmember Carmody's inquiry were as follows:
• Commissioner Gonyea stated that she would prefer the Point of Sale ordinance.
• Commissioner Opat stated that he is leaning towards a Truth in Housing -type
ordinance, but would want to look at both.
• Commissioner Yang stated he would prefer a Truth in Housing ordinance.
■ Chairperson Torres stated that he would prefer a Point of Sale -type ordinance.
• Commissioner Cannon stated that he would like to see at least a Truth in Housing
ordinance.
The Community Development Specialist requested Ms. Barton to comment on the efforts of
local housing inspection organizations to standardize inspection codes for housing.
Ms. Barton explained that the Building Officials Code Associations (BOCA) is the national
housing inspection code organization. She explained that the Minnesota Association of
Housing Code Officials has developed a certification program for inspectors under the BOCA
inspection code. She explained she is working with a professional organization to survey cities
as to whether they want a housing code. She added that her organization, MAHCO, may look
at drafting legislation to standardize housing codes among cities.. Cities could then adopt it as
a uniform code, similar to the building code.
The commission continued its discussion on the Point of Sale and Truth in Housing ordinances
and agreed that next month they would like to make a decision as to what direction to take with
regard to the ordinances.
There was a motion by Commissioner Kelly and seconded by Commissioner Erickson to
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make a recommendation at the May Housing Commission meeting as to whether or not
the commission would recommend the City pursue a Point of Sale or Truth in Housing
ordinance.
APRIL 25, 1995 SOUTHEAST NEIGHBORHOOD MEETING AND HENNEPIN
COMMUNITY WORKS PROGRAM
The Community Development Specialist explained that on April 25, 1995, there will be a
neighborhood meeting of the southeast neighborhood held at the Earle Brown Heritage Center.
He reviewed a meeting agenda and information piece on the Hennepin Community Works
Program which was mailed to all 2,500 residences in the southeast neighborhood.
He pointed out the major item to be presented and discussed is the Hennepin Community
Works Program, specifically regarding the Humboldt Avenue Parkway concept and the Shingle
Creek Regional Pond project. He explained Hennepin County Commissioner Mike Opat will
be present to review the Humboldt Avenue Parkway concept.
Additional items to be presented and reviewed at the meeting include the Neighborhood Street
Improvement Program and plans for 57th Avenue street and storm water improvements and
information on the North Mississippi Regional Park.
He explained that the Planning Commission will be hosting this meeting and that Housing
Commission members and members of the southeast neighborhood advisory committee are
urged to attend the meeting.
He concluded b noting the purpose of the meeting is informational and to provide an
Y b P rP g P
opportunity for the neighborhood to respond to the Hennepin Community Works concept. He
ZP
pointed out that no action will be taken at this meeting by the Planning Commission.
DISCUSSION OF AFFORDABLE HOUSING ISSUES
Councilmember Carmody explained that she would like to have the Housing Commission
discuss the issue of affordable housing and how it relates to the housing stock in the City of
Brooklyn Center. Specifically, she indicated she would like the commission to study the issue
with regard to exactly what affordable housing is defined as, and also the amount of affordable
housing currently in Brooklyn Center and future needs and options for affordable housing in
the community.
She pointed out that the City's tax base consists of 25% owner - occupied housing, 25%
multifamily housing and 50% retail, industrial and commercial. She explained that she would
like to examine the balance of various land uses and housing types in the City.
The commission agreed to place this on the May Housing Commission agenda for further
discussion.
4 -18 -95 -6-
x
OTHER BUSINESS
Commissioner Kelly stated that he would be moving out of the City in June of this year and,
as a result, he would have to resign from the commission at that time.
Commission members discussed the absence of Commissioner Olek and it was noted that she
has missed more than three consecutive meetings. Chairperson Torres stated that he has
attempted to call her and he will make another effort to contact her regarding her interest in
serving on the Housing Commission.
ADJOURNMENT
There was a motion by Commissioner Erickson and seconded by Commissioner Gonyea
to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission
adjourned at 8:55 p.m.
Chairperson
4 -18 -95 -7-
i
MINUTES OF THE PROCEEDINGS OF THE
HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MAY 16, 1995
CONFERENCE ROOM B
BROOKLYN CENTER CITY HALL
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by Chairperson Robert Torres
at 7 :00 p.m.
ROLL CALL
Chairperson Robert Torres, Vice - Chairperson Ernie Erickson, Commissioners Vince Opat,
Maria Olek, Jack Kelly, Jonathan Carter, Henry Yang and Amy Gonyea. Also present were
Council Liaison Kathleen Carmody and Community Development Specialist Tom Bublitz.
Commissioner Todd Cannon was absent and excused from the meeting.
APPROVAL OF AGENDA
There was a motion by Commissioner Opat and seconded by Commissioner Erickson to
approve the agenda, as submitted. The motion passed.
APPROVAL OF MINUTES - MARCH 21, 1995 and APRIL 8, 1995
There was a motion by Commissioner Kelly and seconded by Commissioner Erickson to
approve the March 21, 1995, Housing Commission minutes, as submitted. The motion
passed.
There was a motion by Commissioner Erickson and seconded by Commissioner Kelly to
approve the April 8, 1995, Housing Commission minutes, as submitted. The motion
passed.
DISCUSSION AND COMMISSION RECOMMENDATION ON POINT OF SALE OR
TRUTH IN HOUSING ORDINANCE
Chairperson Torres inquired of commission members whether they felt comfortable with their
understanding of the difference between Point of Sale and Truth in Housing -type ordinances.
At the Chair's request, the Community Development Specialist briefly reviewed the primary
differences between Point of Sale and Truth in Housing -type ordinances.
The commission began its discussion on the Point of Sale ordinance and whether or not the
commission should consider P P
bringing required repair items u to the code in lace at the time
g b q P
the home was initially built or up to today's building code standards.
5 -16 -95 _1_
f
Commissioner Gonyea commented that in her internship with the City of Brooklyn Center's
housing inspection staff, she observed a significant amount of "do it yourself' remodeling
projects that had been done incorrectly by homeowners and noted that this is one part of
housing maintenance that would lend an argument for the enactment of some type of ordinance
to correct these types of problems.
Commissioner Erickson stated that previously he was in favor of a Truth in Housing -type
ordinance, but after listening to Karen Barton address the issue of Point of Sale at the last
Housing Commission meeting and reviewing the materials from the City of Crystal's Point of
Sale program, he now believes the Point of Sale ordinance has more teeth in it than Truth in
Housing. He added that if the City of Brooklyn Center is to compete in the housing market,
we need to appeal to first -time buyers which appear now to be approximately 70% of our
market. Commissioner Erickson also noted that Truth in Housing may be less controversial
from a political standard, but it does not force items to be repaired. Commissioner Erickson
speculated that if a Point of Sale ordinance is implemented, the City would likely hear the most
protests from persons selling homes, but he noted that the sellers are leaving the City and the
buyers are moving in and that Point of Sale would send a message that the City is serious about
maintaining housing standards.
Commissioner Kelly pointed out the problem is that we may price people out of the housing
market in Brooklyn Center by implementing a Point of Sale ordinance. He noted that sellers
may have to spend between $5,000 - 10,000 to repair items and that this cost would be passed
along to the buyer. He pointed out that a Truth in Housing ordinance will inform the buyer
of the needed repairs but will not price them out of the market.
Councilmember Carmody noted that, according to the data the commission has received from
other cities and Karen Barton at the last Housing Commission meeting, most repairs are in the
$200 -300 range.
Commissioner Kelly stated he believes a Truth in Housing inspection program using private
inspectors will result in better inspections than those that would be provided by City inspectors.
Also, realtors have a great amount of responsibility and liability under the current system
which is also another element to be considered.
Commissioner Opat stated that he believes the City does need to do something with regard to
housing maintenance, and that people buying homes need to know the truth about the condition
of the property and what is in need of repair.
Commissioner Gonyea stated that she does not think Truth in Housing is the most advantageous
to the buyer and does not think house prices will be reduced accordingly because the potential
buyer is now aware of the items that need to be repaired.
Commissioner Opat stated that he thinks as long as the information is available to the home
buyer or the realtor representing the buyer, there could be an opportunity for negotiation.
5 -16 -95 -2-
Also, he pointed out, Point of Sale would take a long time to correct all the problems in the
City's housing stock given the turnover of homes.
Councilmember Carmody commented that Brooklyn Center's turnover in single- family homes
is approximately 5% per year so that in five years there would be approximately 25% of the
homes addressed with regard to ordinance requirements.
Commissioner Yang stated that he believes Truth in Housing may be the most advantageous
way to go at this point.
Commissioner Carter stated he believes Point of Sale may be the most beneficial choice for an
ordinance of this type, but that it would also necessitate the need for more staff, including
inspection and clerical staff.
The commission continued its discussion of Point of Sale and Truth in Housing ordinances and
discussed whether or not the fees for either program would cover the entire cost of
administration of the program.
Commissioner Opat noted that whatever the City does with regard to these ordinances, there
needs to be a consistency in the inspection process which is why he believes the City should
have in -house inspectors administering the program.
Commissioner Kelly stated that, in his opinion, private inspection companies such as
Amerispec and Housemasters are extremely thorough in their inspections.
Commissioner Erickson pointed out that it was his understanding that Truth in Housing or
Point of Sale inspections must be done when the house goes up for sale. Commissioner Kelly
responded by explaining that in his experience it is best to do the inspection prior to putting
the house up for sale. He pointed out the Truth in Housing report must be made available in
the house when it is on the market.
Commissioner Erickson stated that he would like to see the City of Brooklyn Center model an
ordinance after Crystal's ordinance.
Councilmember Carmody questioned why so many other cities are going to Point of Sale rather
than Truth in Housing -type ordinances.
The Housing Commission briefly continued its discussion of Point of Sale versus Truth in
Housing ordinances, and the advantages of each, and discussions focused on making a
recommendation of one over the other to be forwarded to the City Council.
There was a motion by Commissioner Erickson and seconded by Commissioner Gonyea
to recommend to the City Council that a Point of Sale ordinance be considered for
adoption by the City of Brooklyn Center, Voting in favor: Chairperson Torres,
5 -16-95 -3-
Commissioners Erickson, Gonyea and Carter. Voting against: Commissioners Kelly,
Opat, Olek and Yang. The motion did not pass.
Commissioner Kelly inquired whether or not the City Council has had any thoughts on Point
of Sale versus Truth in Housing -type ordinances. Councilmember Carmody replied that the
mayor had recently talked to Dan Ryan, a realtor in Brooklyn Park and one of the key
members of the "Come Home to the Park" campaign, and Mr. Ryan had thought that the City
of Hopkins had enacted a good program. The Hopkins program is a Truth in Housing -type
ordinance. With regard to other councilmembers, Councilmember Carmody noted that
Councilmember Hilstrom had expressed a concern that homes are brought up to current codes,
Councilmember Mann expressed a concern over the cost to the homeowner and that she was
not able to contact Councilmember Kalligher to get her thoughts on the matter.
There was a motion by Commissioner Erickson to recommend that the City Council
consider the adoption of a Point of Sale or Truth in Housing ordinance and to ask
members of the Housing Commission in favor of Truth in Housing to submit a brief to
the City Council and those in favor of Point of Sale also submit a brief and ask the City
Council to approve one of the ordinance types.
Commissioner Opat stated he agreed with Commissioner Erickson that something needs to be
done and we do need to move forward.
Commissioner Erickson stated that he was trying to convey in his motion that the commission
is divided, but we also want to move forward on this issue.
Commissioner Kelly seconded Commissioner Erickson's motion.
Chairperson Torres inquired whether there may be some way to combine Point of Sale and
Truth in Housing.
Commissioner Kelly noted that the City could require hazardous items to be corrected whether
or not the house is sold.
The commission discussed the motion on the floor and noted that the City Council could send
it back to the Housing Commission for a clearer recommendation, but that this recommendation
is one that the Housing Commission can give to the City Council right now.
Commissioner Opat offered a friendly amendment to Commissioner Erickson's motion to
state that repairs on hazardous items in the home be repaired before closing on the house
on either a Point of Sale or Truth in Housing ordinance and that the City inspections staff
would be responsible for determining the hazardous items.
Commissioner Erickson accepted Commissioner Opat's amendment, but noted that he is still
requesting the City Council to choose between Point of Sale and Truth in Housing.
5 -16 -95 -4-
Upon a vote being taken on Commissioner Erickson's motion, as amended by
Commissioner Opat, the following commissioners voted in favor: Chairperson Torres,
Commissioners Erickson, Opat, Olek, Kelly, Carter and Gonyea. Commissioner Yang
abstained from the vote. The motion passed.
DISCUSSION AND REVIEW OF APRIL 25, 1995 SOUTHEAST NEIGHBORHOOD
MEETING
Councilmember Carmody noted that she observed only three Housing Commission members
at the April 25 neighborhood meeting.
Commissioner Erickson stated he believes the meeting on the 25th went well, and that as
Commissioner Opat pointed out, we are now in the "first hour" of the project.
Councilmember Carmody noted that Commissioner Opat called for a show of hands towards
the end of the meeting of those that wanted to abandon the project now versus those who
wanted to move to the next step in the process, which would be to determine the feasibility of
the project.
Commissioner Opat stated that he thought the split in the show of hands was approximately
60% to 40%, with the 60% being in favor of taking the next step.
The Community Development Specialist noted that he would keep the commission informed
with regard to any upcoming activities related to the Hennepin Community Works Program.
DISCUSSION. AFFORDABLE HOUSING ISSUES
Councilmember Carmody explained that she would like the Housing Commission to review
several issues with regard to the City's housing stock and, specifically, some items which
address affordable housing in the City. She noted she would like to have information on a tax
revenue breakdown on single- family versus commercial versus multi - family by school district.
Another issue she noted was the issue of senior housing, pointing out that there are five
housing projects for seniors in the City now, and posed the question of how much senior
housing does the City need in the future, adding that she would like to see the Housing
Commission work on this and other housing- related issues.
Another issue of concern for Councilmember Carmody was the affordable housing conversions,
such as Melrose Gates, and what is the effect of these conversions with regard to the current
Metropolitan Council plans for affordable housing in the region.
Another issue addressed by Councilmember Carmody was what does the City want to do with
the 15 % set aside of tax increment financing money for housing which is specifically addressed
in the special tax increment legislation passed for Brooklyn Center.
The Community Development Specialist pointed out that the 15 % set aside is a requirement
5 -16 -95 -5-
of the special tax increment legislation created for Brooklyn Center and requires that 15% of
any tax increment financing revenues from the new tax increment districts in the City would
have to be deposited in a housing fund and used for housing - related activities.
COMMISSION'S SUMMER SCHEDULE
After discussion by commission members, the commission decided to meet through the summer
and not take the usual summer recess for June, July and August.
ADJOURNMENT
There was a motion by Commissioner Kelly and seconded by Commissioner Yang to
adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission
adjourned at 8:40 p.m.
Chairperson
I
5 -16 -95 -6-
City
of
Minneapolis
CITY OF MININEA `LIS EFFECT= DATE
8 -17 -89
CHAPTER 248. TRUE -IN -SALE OF HOUSING
248.10. Definitions. For the purpose of this chapter, the following terms
shall mean:
Time of Sale. T'he time when a written purchase agreerrent is executed by the
buyer, or, in the absence of a purchase agreement, prior to the execution of any
documnt providing for the conveyance of a single or two - family dwelling.
Truth -in- Housing Disclosure Report. The written and signed evaluation by a
person certified pursuant to Section 248.80, made on a form described in Section
248.40 representing to the actual buyer of the dwelling evaluated that said person
has utilized the care and diligence reasonable and ordinary for one meeting the
certification standard prescribed by Section 248.70 and has found no instances
of noncompliance with the items contained on said form as of the date thereon
except as specifically designed thereon.
'Muth -in- Housing Zoning Report. The written and signed zoning evaluation by
the City Zoning Administrator made on a form containing the zoning information
required in Section 248.40.
248.20. Prohibited Act. No owner or agent of the owner shall sell by
conveyance or contract for conveyance a single or two - family dwelling within the
city without providing to the buyer, prior to the time of sale, one of the
following disclosure docia-rents issued within one (1) year preceding the time of
sale; either a copy of (i) a Truth -in- Housing Disclosure Report relating to said
dwelling as described in Section 248.40 or (ii) a Certificate of Code Compliance
as set forth in Chapter 87, Article II, of this Code, or a copy of the orders
issued by the dixector of inspections as a result of a Certificate of Code
Compliance inspection, issued within one (1) year preceding the time of sale.
Farther, no owner or agent of the owner shall seli by conveyance or contract for
conveyance any building located in the Rl, R1A, R2, R2A or the R2B zoning districts
occupied as a multiple dwelling without providing to the buyer prior to the tine
of sale a copy of a Truth -in- Housing Zoning Report issued within one (1) year
preceding the time of sale or a Certificate of Code Compliance issued within the
sane time period.
The Truth -in- Housing Disclosure Report, the Certificate of Code Compliance,
or t'Ze orders resulting from a Code Compliance inspection, wi n used as the
disclosure dcc required by this chapter, shall all contain a statement
signed by he dwelling owner as to any damage to the dwelling or its contents
by flooding, or sewer backup due to flooding, and also any evidence of chronic
water seepage of which the owner has experience or knowledge. All such reports
and certificates are not deemed valid without the aforementioned signed statement.
Further, no owner or agent of the owner shall sell such dwelling without providing
to the buver a statement of the nature, extent and cause of any water seepage or
flooding of any cr icn of the property within the knowledge of the owner.
No holder of a Certificate of CcmrGetency issued in accordance with this chapter
shall allow said certificate to be used by another person. No person shall fill
out a Truth -in- Housing Disclosure Report on the form prescribed in Section 248.40
of this chapter to be used as a disclosure document as set out,:n Section 248.20
With-cut first obtaining and maintaining a Certificate of Competency as provided
Z or in this chanter.
Chapter 248. Troth in Sale of Housing (Cont.) -2-
248.25. Resale of dwellings. A new disclosure report, certificate, or orders
resulting from a Certificate of Code Compliance inspection shall be required for
each charge of ownership or time of sale.
248.26. Availability of Docurents. No person licensed by the State of
Minnesota to sell real estate shall offer for sale by exhibiting or showing any ore
or two - family dwelling within the City without first having obtained one of the
documents as set out in Section 248.20. The report, certificate or orders as set
out in. Section 248.20, shall be made available for inspection at the premises for
which they pertain at all tirres that such dwellir:g is being offered for . sale.
248.30. Exemptions. The provisions of the Chapter shall not apply to the
sale or conveyance of any single or two - family dwelling to a public body nor to
any newly constructed dwelling when title is transferred to the first owner, nor to
condominiums; however, townhouse dwellings, as defined in Chapter 522, shall require
a disclosure document as set out in Section 248.20.
248.40. Forms. Subject to the approval of the City Council, the Examining
Board shall prepare or authorize the use of such form or forms as it may deem
appropriate to constitute a disclosure under Section 248.20. The form shall
provide information concerning minimum code requirements applicable to existing
single and two - family dwellings and townhouses which, when not complied with,
constitute a major structural defect or an irrirediate danger to the health and
safety of the occupant. The information provided shall indicate whether the
condition meets minimum City requireTents, is below minimum City requirements, or
is deemed to be hazardous at tll� time and date of the evaluation. In making the
evaluation., it shall be assuned that any concealed facilities and installations
that are not viewed are adequate, based on the functional operations of the
facilities and installations and the condition of the equipment that is vie%ved;
- -- no warranty is expressed or implied. The form shall also include the signed
staterrent by the owner or a gent of the owner as to whether or not there are housing
orders pending regarding the property isst�ed by the Department of Inspections,
City of Minneapolis. The form shall also include a determination of the dwelling's
zoning status, indicating the present occupancy and a determination whether the
present occupancy is conforming or nonconforming, and shall also show the present
zoning of the dwelling. If norconformirg occupancy is claimed, such ncrconfor=Ig
use shall be verified by the City Zoning Administrator in writing. The form shall
also re disclosure by the owner of the dwelling's homestead classification
in regard to real estate taxes payable. The owner shall provide a copy of such
written verification to the buyer prior to the closing or finalization of transfer
of ownership or the butter's signing of any contract for deed. Nothing in said
report shall indicate, or shall be deemed to indicate, that said dwelling meets all
minimm housing standards.
Chapter 248. Truth in Sale of Housing (Cont.) -3-
248.50. Examining Board Established; ^embers, p. For the purpose of this
Chapter, an Examining Board which shall be known as the Examining Board for Truth
in Housing Evaluators, shall be appointed by the City Council, and shall consist
of ten (10) members. The Director of Inspections, or designee, shall be a member
of the Board and shall serve as its Secretary- Treasurer. Each appointment shall
be for a period of two (2) years and shall continue until a replacement has been
duly appointed and qualified.
248.60. Organization of Board. Said Examining Board shall elect a c
who shall preside over meetings of the Board and vice - chairperson who shall preside
in the absence of the c The secretary- treasurer shall have the duty to
keep records of all applications and examinations for Certificate of Competency,
certificate issuances and renewals, complaints of the performances of individual
Truth -in- Housing Evaluators, and other activities of the Board and of fees received,
and to pay in to the city finance officer, as soon after their receipt as practicable,
all monies collected by the Board. Re gular meetings of the Board shall be held
on the second Tuesday of January, April, July and October, respectively, and special
meetings sha11 be held when necessary at the call of the chairperson of the Board.
The Board shall adopt rules and bylaws governing its procedures and a copy of such
rules and bylaws shall be available to each applicant for a Certificate of Competency.
248.70. Duties of Board. The Board shall subject each applicant for a
Certificate of Competency to an examination to determine whether the applicant has
sufficient knowledge, expertise, skill, training and experience to properly carry
on the business evaluating single and two - family dwellings for compliance with the
Code of Ordinances applicable to existing single and two - family dwellings, and
shall issue to each applicant who satisfactorily passes such examination t'e desired
Certificate of Competency upon the payment of the fees hereinafter provided, and
shall issue renewals of such certificates from year to year as hereinafter provided,
upon payment of the required fees therefor. In case anv Certificate of Competency
shall lapse for a period of one year or more, t'en it shall be necessary for the
person who held such Certificate to pass a new examination by Examining Board
before receiving a renewal of such certificate. The Board may remove a
Truth -in- Housing Evaluator for just cause after notice and a hearing held thereon.
Any applicant aggrieved by a decision of the Board may appeal such decision to the
City Council by notifying the chairperson of the Consumer Services Committee of
the Citv Council in writing within 15 days of receipt of the Board's decision.
At1 such appeals shall be on the record and s: be heard by the ConsuTer Services
Committee. The Consumer Services Committee s hall then make a recommendation to
the City Council.
248.80. Applications for Certificates, Exami nation Fees. Each person
desi-ring a Certificate of Ccmpetency such as herein provided, shall file with
the Examining Board, at least three (3) days prior to the date of examination, an
application to take the required examination and shall pay the nonrefundable sum
of twenty-five dollars ($25.00) as an examination fee. Such application shall
contain information relative to name, address, place of employment, time and place
of schools attended and studies completed, together with a chronological record of
the candidate's employment, with complete information relative to duties and type
of work perfor?red. This information shall be deemed public and available upon
request.
r
Chapter 248. Truth in Sale of Housing (Cont.) -4-
Upon successful completion of said examination, an application for a Certificate
of Competency shall be made on forms prescribed and furnished by the Board and shall
be filed with the office of the Director of Inspections upon payment of an annual fee
of fifty dollars ($50.00) which shall be nonrefundable.
248.90. Insurance. No Certificate of Competency shall be issued or renewed
without proof of general liability insurance insuring the applicant with a minimum
limit of liability of two hundred fifty thousand dollars ($250,000) general aggregate
and per occurrence and errors and omissions insurance with a minimum limit of liability
of two hundred fifty thousand dollars ($250,000) which may include a deductible not
exceeding five thousand dollars ($5,000) and the evaluator shall maintain insurance
continuously in force thereafter and no Certificate of Competency shall be deemed
to be in effect when such insurance is not in effect. The city shall be included
as a named insured on the insurance rewired herein at the expense of the evaluator.
The evaluator shall furnish the city with a certificate of insurance which meets
the city requirements.
248.100. Fees for Certificates and Renewals. The holder of a Certificate of
Competency shall, upon payment of a renewal fee of fifty dollars ($50.00) annually,
have said certificate renewed for the ensuing year. A holder of a certificate shall
not allow said certificate to be used by another person.
248.110. City emplovees not to be certified. No employee of the City shall
be certified under this Chapter.
248.115. Report filing and filing fees. Each Truth -in- Housing Evaluator shall
submit to the secretary - treasurer of the Examining Board an exact duplicate or copy
of each Truth -in- Housing Disclosure Report within ten (10) days after the evaluation
inspection has been made. The exact duplicate or copy re by this section shall
be of the final report, either typewritten or legibly printed in ink, as furnished
to the seller.. A filing fee of ten dollars ($10.00) made payable to the City Treasurer,
shall be required with each evaluation report so submitted to the secretary- treasurer
of the examining board.
When said Truth- in-Hous ina Disclosure Report is not filed, or the required filing
fee therefor is not paid, within the ten (10) day time limit set forth in this section
then the fee for such filing of the required report shall be doubled. Further, failure
to comply with the provisions of this section within the aforesaid time limitations may
be lust cause for the Examin Board to revoke the Certificate of Competency of a
Truth in Housing Evaluator ( Amendment effective 11 -1 -81
248.120. Residency or mailing requixe tints. Any person certified under this
Chapter shall cause to keep registered with the Board, his current residency or mailing
address. If either such residency or mailing address be outside the territorial limits
of Hennepin County, such certified person shall deliver to the secretary of the said
Board the Sarre and current address of his agent or other person designated by him to
accept service of process and to receive and give receipt for notices for and on behalf
of such certified person, and such person shall be a resident of and be amenable to
such mailings within Hennepin County.
D
MINNEAPOLIS TRUTH -IN -SALE OF HOUSING DISCLOSURE REPORT q
(Notice - Read Entire Report Carefully)
ADDRESS OF EVALUATED D wEWNG:
'ER'S NAME I Q
i NUMBER OF OWELUNG UNITS
Q
ONE TW O rn
OWNER'S ADDRESS: �
I declare to the best of my knowledge the following information regarding any flood damage, sewer backup or water
seepage:
SIGNATURE OF OWNER Oq OWNER'S AGENT.
DATE
There are are not orders pending against this property from the City of Minneapolis.
Condemed .
yes no
IMPORTANT HEALTH AND SAFETY INFORMATION An house built before efore 1960 may have le
presence of this paint can be a health hazard. For more information on how to protect yourself and our family, paint. call
p
673 -2170 (Minneapolis Health Department, Housing Hygie gram ). y Y Y� please call
1. Any complaints regarding this Report should be direr to th Review Evaluator, phone 673 -5828, office hours 8 to 11
a.m. 300 Public Health Building, Minneapolis, M' eso 541 Any questions regarding this Report should be directed
to the Evaluator whose name appears below.
w is Report offers an overview of building compone and fixtures by the Evaluator and is not technically extensive.
rospective buyers may seek additional inions from various experts in the inspection field prior to purchase. This
Report is NOT a warranty or guarantee x sled
building component or fixture. or implied by the City of Minneapolis, or by the Evaluator, or any
3. This Report is not a code cam iance inspe Jon and will not be used by the Department of Inspections as a basis for
enforcing Minneapolis Ordinan s. Minimum standards for this Report are established in the Minneapolis Housing
Maintenance Code.
4. The Ordinance requires an laces he responsibility on the seller or agent to make sure that this Report is publicly
displayed on the premises whe he use is shown to a prospective buyer. Also, the seller or agent must give a copy of
this Report to the buyer prior to th ning of a Purchase Agreement
5. This Report covers only the items listed on the form. The Evaluator is not required to ignite the heatin plant use a
ladder to observe condition of roofing, evaluate inaccessible or concealed areas, or disassemble items This Report
does not address formaldehyde, lead paint, any airborne gas (including radon), asbestos, nor insect and animal pests.
6. This Report is not an FHA or VA inspection or appraisal.
7. This Report is valid for one year from the date of issue and only for the owner named on the Report
8. If buyer intends to rent out any portion of this property, a rental housin licen
Contact 673 -3715. 9 se is required prior to rental.
C
D
m
PRESENT ZONING DISTRICT: ZONING
i PRESENT OCCUPANCY:
NFORMING NON - CCNFORMING
REASGN FOq NON- CONFORMING CO STATUS:
P eoccupancy Is Indicated as being Non - Conforming, the owner shall provide the buyer, prior to closing, settlement, or
transfer of ownership, a written and signed verification as to the zoning status by the City Zoning Administrator.
;EYALUATCR
i DATE.
PAGE OF
x•3800 Rev. 10 /90
P ••operr/ Address: R
If an item is non - existent the word "none" shall be indicated across the box;
Items checked with a "C" will have a comment about that item; Items checked "M" = MEETS MINIMUM REQUIREMENTS
with a "B" are below minimum requirements and must have a comment about "B^ - BELOW MINIMUM REQUIREMENTS
that item; Items checked with n ", "
c ed th a ti are Hazardous and must have a comment
about that item; Any item marked "M" indicates no problems visible relating to "H" = HAZARDOUS
that itme at the time of evaluation/ Additional comment sheets may be attached "C" = COMMENTS
if needed. This report covers only items visible at the time of the evaluation. i
{
1. Basement stairs INDICATE ITEM NUMBER AND ADD INFORMATION HERE
I
2. Basement floor I
3. Foundation walls
4. Evidence of dampness or staining
a) on basement walls ..................... Yes No
b) on basement floor ..................... Yes No
c) (see owner's statement on page A)
5. Basement sleeping rooms,
if yes, see page three (3C) ................ Yes No
6. First floor, floor system
7. Columns and beams
8. Floor drains
9. Waste and vent piping
10. Water piping `
11. Gas piping
12. Water heater
13. Water heater venting
14. Basement plumbing fixtures I
15. Copper water line visible on they eet si of
water meter ................... Yes No
Evaluator assumes no responsibility c per water line being
continuous to street
16. Electrical service installati
The evaluator is not requirea disassemble items or evaluate
inaccessible areas.
117. Electrical servic at panel:
I
AMPS
VOLTS
60 amp A f o ! PP major 220 volt appliance.
18. Separate 2 amp k. en or
indexed at service
panel ..... ........................... Yes No
19. Bas ent e! trical outlets /fixtures
20. Electric outs t for laundry indexed at service
panel.... .......................... Yes No
21. Heating plant installation
The evaluator is not required to ignite the heating plant
22. Heating plant viewed in operation ......... Yes No
23. Heating plant combustion venting
24. Auxiliary heating units ................ 0 ... Yes No
a) Installation
b) Viewed in operation ................... Yes No
c) Combustion venting
i
i
F• AwAroA
DATE, i
j � aAGE CF
0.3300 Ro!r tQ::)
Property Address:
C.
1 "M" = MEETS MINIMUM REQUIREMENTS "B" = BELOW MINIMUM REQUIREMENTS "H" = HAZARDOUS "C = COMMENTS
ITCHEN: INDICATE ITEM NUMBER AND ADD INFORMATION HERE
5. Walls and ceiling components
26. Evidence of dampness or staining ......... Yes No
27. Floor condition
28. Window size and openable area
29. Window condition
30. Electrical outlets & fixtures
31. Plumbing fixtures
32. Water flow
33. Gas piping
DININGILIVING ROOM:
34. Walls and ceiling components
35. Evidence of dampness or staining ......... Yes No
36. Floor area & ceiling height
37. Floor condition
38. Window size and openable area
39. Window condition
40. Electrical outlets & fixtures
BATHROOM:
41. Wails and ceiling components
42. Evidence of dampness or staining ......... Yes No
43. Floor condition
44. Window size and openable area
Aig, Window condition
Electrical outlets & fixtures
47. Plumbing fixtures
48. Water flow
HALLWAYS I STA IRW ELLS:
49. Walls and ceiling components
50. Evidence of dampness or staining ..... Yes No
51. Floor condition
52. Window condition
53. Electrical outlets & fixtures
54. Stairs (upper floors
SLEEPING ROOMS:
55. Number of sleeping rooms
4 6. Walls and ceiling components
57. Evidence of dampness or staining ......... Yes No
58. Floor area & ceiling height
59. Floor condition
60. Window size and openable area
61. Window condition
62. Electrical outlets & fixtures
y PORCH /SUNROOM:
63. Walls and ceiling components
64. Evidence of dampness or staining ......... Yes No i
Floor condition
Window condition i
67. Electrical outlets &fixtures
( EVALUATOR:
'GATE
! i PAGE Or
0•.800 per 10/90
Pr opery Aderess: D.
"M" = .MEETS MINIMUM REQUIREMENTS "B" = BELOW MINIMUM REQUIREMENTS "H" = HAZARDOUS "C" = COMMENTS i t
INDICATE ITEM NUMBER AND ADO INFORMATION HERE
A i TIC SPACE (if visible):
68. Roof boards and rafters
69. Evidence of dampness or staining ......... Yes No
70. Electrical outlets & fixtures
EXTERIOR - This report covers only items visible at the time of the evaluation:
71. Foundation
72. Basement windows
73. Drainage (grade)
74. Exterior walls
75. Doors (frames /storms /screens)
76. Windows (frames /storms /screens)
77. Stoops
78. Cornice and trim
79. Roof covering and flashing. The evaluator is not required to use a ladder
to observe the condition of the roofing
80. Chimney
81. Electrical outlets /fixtures
82. Two family dwelling egress
OPEN /UNHEATED TYPE PORCHES:
83. Floor (structural)
84. Wall (structural)
85. Roof (structural)
86. Doors /screens /windows
87. Electrical outlets/ fixtures
GARAGE: I
88. Roof structure and covering
89. Wall structure and covering
90. Garage doors
(Occupant to check: automatic gar oors should reverse upon
striking an object If it does not never , it p ses a serious hazard and
should be repaired or replaced immedia ly)
91. Electrical outlets/ fixtures
INFORMATIONAL ITEMS: YES NO
A. Fireplace damper _
B. Attic /ceiling insulation
Type of insulation
Approx. number of inches
C. Attic ventilation
0. Weatherstripping
Windows
Doors
E. Caulking
F. Deadbolt lock
G. Smoke detector(s)
Property located
Evaluator not respolsible for operation of smoke detector(s). Fireplaces, free
standing fireplaces and air - conditioning units are not evaluated.
I hereby certify that this report is made in compliance with the Minneapolis Code of Ordinances, Chapter 248, and that I utilized care an
diligence reasonable and ordinary for one meeting the Certification Standards. The report covers only those problems listed and
reasonably visble at the time of my evaluation and does not warrant future useful life of any house component or fixture.
EVALUATOR: EVALUATORS PHONE NUMBER: I GATE:
i I ' PAGE OF
.0.3800 Pev 10/10
City
of
Hopkins
What Is The Truth In Housing
Program? '% Must All Identified Deficiencies
.:
It is an ordinance enacted by the City of Be Repaired?
Hopkins in 1992 to provide consumer No. Only those items which pose an
information concerning the condition of a immanent life threatening hazard to the 4
dwelling prior to its sale and to require the occupants of the structure will be required
correction of certain hazardous items. to be repaired. Other deficiencies will be
noted on the evaluator's report but will not
require correction.
What Is the Purpose Of The
Program? Now Is The City Of Hopkins
The Truth -in- Housing program was When Must The Prop Be Involved In The Truth - In- Housing
enacted to benefit the City and its residents p y
Pro ram?
through the establishment of an orderly Evaluated? 9
evaluation of the housing stock and the The property must be evaluated and the When hazardous items requiring correction
elimination of hazardous conditions. necessary forms completed prior to are identified by the evaluator, the City of
offering the property for sale. The Hopkins will monitor the correction of those
Truth -in- Housing Disclosure Report must items through the normal building permit
be made available for review at all times process to ensure that the hazardous
that the property is being offered for sale. condition is eliminated.
Who Does The Evaluation Of The w
Property?
An independent evaluator, certified by the -
City of Hopkins, will conduct the evaluation.
The City will maintain a list of all certified
evaluators that the homeowner may hire to - - - - --
- perform the evaluation.
What Are The Fees For An Is The Evaluation A Warranty?
What Properties Are Included In Evaluator? No. The evaluation is not a guarantee or
warranty of any kind. The Truth -in- Housing
The Truth In Housing Program? The fees are established by the evaluators Disclosure Report will be completed
One to four unit dwellings, including as individual contractors and are not set by through visual inspection of the property.
condominiums and townhouses. the City of Hopkins. The fees currently The evaluator will not dismantle any
charged by the evaluators vary, but building component and cannot attes,� to
average $100 to $125. conditions that are hidden due to
inaccessibility.
� o n
� x
r. o
CD
CITY OF NOPKI NS
o V)
w
w ..
93
Who Do I Contact for More
Information?
For more information on the TRUTH - IH- HOUSING PROGRAM
Truth -in- Housing program, contact the City
of Hopkins Inspection Department at
935 -8474.
1010 First Street South
Hopkins, Minnesota 55343
HO Kins C z Code Oo . C1
' S °r t..C" -j '� v - ~ M^ _?1 :l olls =nc
406.01 Purpose FOr the benefit of :e Community, the City of HODKins has
Z: deemed i necessary and appropriate to maintain, preserve and improve residential
housing by providing an orderly and effective way to.-nsure compliance with housing
codes and provide an inspection system applicable to increased concerns for the
health, safety and protection O'
1 j_ _ S Clti<eP.S.
406.03. Definitions Subdivision 1. For the purpose of this chapter the
following terms shall mean:
Subd. 2. "Certified Evaluator" means an individual who holds a current
CG'rt ified Evaluator Certificate as issued by tale city of Hopkins and has Droved
competency having a current it
Y Y and t,...exp__ed cent'
-
b certificate of competency Y as issued b-
the Clty or Minneapolis or the City of St. Paul, and who has a current insurance
certificate in force as required in section 406.05, Subd. 8, and has paid the
required fee as established by resolution from of the City Council.
Subd. 3. " dwelling unit" means a single family, private, independent _wing
Space or Quarters Consisting OL at least facilities for bathing, food preparation and
consumption, sleeping and other related purposes.
Subd. 4. "Family" means an individual or two (2) or more persons related b
blood, marr iage, adoption, Or foster Care, or a group of not more than four persons
not so related, maintain a Common household and using common cooking sanitary an
sanitary facilities.
Subd. b. "Owner" or " person" means a person who owns occupies Or Operates by
deed or Other instrument Of
conveyance a n y premi ses; the tem inc 7 udeS a person.
empl oyed for the purpose Of Selling Or other wise Conveying Or managing Suc" premises,
including a guardian, admi.:istrator, executor, trustee or other agency actin f the
acting
owner, the term includes a person Or committee supervising, p011cing Or maintaining
any cooperative Or Other Common bulldi:.g area, dwelling units, Or any condominium
unit owners association.
Subd. O. "Purchase a `e me ans deed f deed or
g_ emen.. .. s agreement: ..c _d, cor_tract L
any other instrument Of transfer or conve %ance of residential or commercial premises:
J
the term does no include the transfer of a document made solely for perfecting
title.
Subd. 7. "Time of Sale ". the tizme when a written purchase agreement is
executed by the buyer or, in the absence of 2 purchase agreement p rior , on to tie
execution of any document providing for the Conveyance Of a single, �wC- falIl'_ly,
three, or four family dwell
Subd. 0. "Truth -in- Housing Disclosure Report" The written and si ed
o-•
evaluation by a certi =ied evaluat made on a fOL'*L described in SeCtiOn 406.0
Subd. %, representing to the acti:a, buyer of the dwelling evaluated that Said Derson
has ut_, t.,e Care aP.0
d -__ -
' ' ed igenCe reaSOnaOle and Ord:. ^.dry for O-.'ie meeting the Code
Cf ethics and DrOCedural rLidelineS for evaluators as established bV the C and
:.as found y no - instances of non -Comp ance
fi l he = c n
'-moo d i te ms Ontained C sa?d " c L aS Cf
at .fie °e0% except as Spec___ -, h Ce5 °_C �her
0 3 S d
Subd. 7. "T 7or.4-:,.7 wr� - - en
and sizned zon
0
e by the CiZ:%, Toni A d: - 4 n strazor made or. a form contain
ning the zon-0
informazion, required in Section -/06.05, Subd. 7.
Subd. 10. "Residential premises" means any buildings and any anc; 7 1 ary
structures in connection therewi intended ar used for residential purposes
includin g single or tw familv dweilinzgs, condominiums multip t ; 1) ' - -,-e residential dwe
dwellings, cooperative residential u-j* ts.
S ub d, II. "Single or Two Family dwelling" means any building containing one
or two dwelling units, regardless of whether they are owner or Non-owner occupied.
406.05. Tr
.. in housing disclosure. Subd. 1. Recuired. No owner or agent of
the owner shall sell by conveyance or contract for conveyance a single 'family, two-
amily, three or four family dwelling including condominiums and townhouses, within
the _ without providing to -the buyer, prior to the time of sale, a truth in
Housing Zoning Report as described in Section 406.03, Subd. 9 and a Truth-in-Housing
Disclosure Report as described in Section 400 Subd. 8 rela
to said dwelling
or Premises, issued within one (1) year preceding the time of sale.
Subd. '2. Owner disclosure. The Truth-in.-Housing Disclosure Report shall
coat a statement: signed by the owner as to any damage t:o - he dwelling or its
contents by floodin or sewer backup due to flo"oding, and also any evidence of
chronic water seepage of whic the owner has exDe-- or knowledge. The 'Truth in
4ousir Disclosure Report is not deemed valid' without the aforementioned signed
statement. Further no owner or agent of the owner shall sell such dwelling witho
prav 'ding to the Ouver a statement o.' the nature, extent: and cause of any -waz: -0
seepage or Z"lood of any portion of the -.)roDer-- wi thin the knowledge of the owner.
Subd. 3. Restrictions. No certi
evaluator shall allow said
cer t 0 be used bv another person. No -person shall zifilll_ out a Truth-in-
Housing Disclosure Report on the form prescribed in Section 406.05, Subd. 7 of this
c to be used as a disclosure document as set out in Section 406.05, Subd. I
without first obtaining and maintaining a Certified 'Evaluator Cerz - i fi cate from the
city as provided for in this c . hapzer.
Resale - of dwellings. A new truth in hous disclosure report
Subd. 4. 1_1 - ___
s nal 1 be required for each ch ange of ownership or time of sale
Subd. 5. Availability of Documents No person licensed by the State of
Minnesota to sell real estate shall offer for sale by exchibiting or showinc- ary one
two three or four - family dwe ling '
condomin-il-a.Q or zovnhouse, within the City without
_rs'Z having obtained the documents as set out in Section 406.05, Subd. 1. The report
as set out in Section 406.05, Subd. 1, shall be made availab f ar '--s at th e
e
Premises for which they pertain at all times that such dwelling is being offered for
sale.
S ub d . 6 ZxemDtions. —1he r C V4
s of the Chapter shall no apply to the
sale
or conve of any sIng-e. o r =7W o - f aLr-- _ zhre e -
zour-
d we
:.n to a -public oocv no r to an newy constructed dwellf-z w'ne"
t:'_t_Le
transferred t the first owner.
riop�,ins C_ Code
7
_06.05, Subd ,
Subd. 7. 7 0=s. The city shall prepare or authorize the use of for or
forms as it may deem appropriate to constitute a disclosure under
section 1 - 06,05.
the .f orm shall Drovide in- concern code requirements applicable to
existing single, two-family, t family, four-fami dwe'
=gs, condominiums and
townhouses which, when not complied with, constitute a major structural defect or an
immediate danger to the health and safety of the occupant. The information provided
shall indicate whether the condition. meets City requirements, is below Citv
requirements, or is deemed to be hazardous at the time and date of the evaluation. In
making the evaluation, it shall be assumed that anv concealed facilities and
installations that are not viewed are adequate, based on the functional operations of
the facilities and installations and the condition of the equipment that is viewed.
No warranty is expressed or implied. in completing the form, the evaluator shall be
governed by and follow the code of ethics and guidelines or procedure for evaluators
as amended from time to time by the city Council. The form shall also include the
signed statement by the owner or agent of the owner as to whether or not - here are
housing orders pending regarding the property issued by the Department of
inspections, City of Hopkins. The form shall also include a determination whether
the present occupancy is conforming or noncon and shall also show the present
Zoning of the dwelling. 7.;=
nonconforming occupancy is claimed, such nonconforming
use shall be verified by the City Zoning -Administrator in w The form shall
also require disclosure by the owner of the dwelling's homestead class ificacion in
regard to real estate taxes payable. The owner shall provide a copy of such written
verif to the buver prior to the closi a!izarion of transfer or
I ing or fin
ownership or the buyer's signing of any contract for deed.
Nothing in said report
shall indicaze, or shall be deemed to indicate, that: said dwelling meets a2.11 MIMIMUMI
housing standards.
Subd. S. Certified 7_-va,_,a-or rZ4
C e -- z: c a t e No C e r I --' e d Evaluator
Cert ifi cate shall be issued or renewed by the City L , of Hopkins without application on
the approved form and Droo that the aDvficanrt has a current unexvi certificate of
competency as issued by the City of Hinnea or the City of St. Paul. Th e
applicant shall- also snow proof or general liability insurance insuring the applicant
with a minimum limit of li ab il it y of two hundred fifty thousand dollars ( $250 ,000 )
''
general aggregate and per
occurrence and errors and omissions insurance with a
Minlm'Ulln _Limit of liab.J o two , Undred fi. zv thousand dollars ($250,000) which may
'
i nclude a deductible not exceeding five thousand dollars ($5,000) and the evaluator s�-Iail maintain insurance continuously in - - hereafter and no Certification of
evaluator shall be deemed to be in effect when such insurance is not in effect. The
city shall be included as a named insured on the insurance required herein at the
exver.se of the evaluator. The evaluator shall furnish the city with a certificate of
insurance which meets the city requirements. 1'he a shall also -)av a tee
wh shall be set: by ciz-v Council rpso,,uz:-;O-
n.
Subd. 9. Fees for cer--if-'
tigates and renewals. 'Ihe holder of a Certificate of
Competency and proof of insurance as set forth in this chapter shall upon payment of
an annual fee as established by resolution from time to time by the City Council,
have said certil renewed for the ensuing year. A holder of a certificate shall
not allow said certificate to be used by another person.
Subd. 1 .0. Ci:7% emDIO'Vees not 70 be ce No emD!o o zhe C_
be certified under -_'nis Chapter.
eenc%- c mai'linz rec . 7" p e r s o n fi ed under �:.
Subd. 11. Rsid -Z 4
Cer
s' cause to kee- � :-e7, ':
:.sz:ere�a the ,is Cr her cu res i J J ena -,-
or ::a 4 - -
ad and ze-a-,)'nor,,e
'4 C ode 7
06.'5, Subd 1
S i _ d 12 Report fiiini� and filing fees. 7 ach T Evalua
Sba submit: ::o the city housin inspector an exact duplicate or copy of each TrA.0
in- housing Disclosure Report w ithin 4 ten (10) days aster the evaluation 'inspection has
been made. The exact: duplicate or copy recuired by z:' section s', be of zhe
final report, either type wri tten or legibly pr i nted nt:ed i n ink, as furnished to the
seller. A filing fee as established by resolution Zrom 1 Z. - Lme to time by the City
Council, shall be reauired with each evaluation report so submitted to the inspector.
Vhen said Disclosure Report: is not - filed, or the - required filing f ee
therefore is not paid, within the ten (10) day time limit: set forth in this section,
then the fee for such filing of the required report shall be doubled. Further,
f ailure to comply with the
pro of this section within the a t ime
OV4 4
limitations may be just cause f or the inspection Department to revoke the
Certification or the evaluator.
Subd. 13. Mandatory correction of hazardous items. folloWi-
The ng Items when
d by the evaluator shall be identified as Hazardous and listed i n - he Trut h
in Housing Disclosure report.
a) Gas piping remaining after- the disconnection or an appliance that has not
been properly plugged or capped.
Wazer heaters and furnaces in a tight, confined space that are not
provided with p= Combustion air by an opening or openings in the
enclosure. The open area of the combustion air i ntake
shall not be anv
less. than the area or the common flue or flues of the appliances w i z:'. I
the enclosure.
Water heaters and ho: water boilers wizho an o pressure or
temperature relief valve, or where the drain ?I-Ping for this valve is
either undersized, or not extended to within IS" or the fl oor. "
d) Gas fired appliances, water heaters, and furnaces not provided with a
draft hood (diverter) or which are exhibizing back spillage of products
of �' st: -: z I nood.
- combu � n at the dra-
e) Any free standing space 'heaters located i n bedrooms or bathrooms w
take their combustion air rrom the room in which they are located.
'y
A n, heating p water heater or other fuel burning equipment that has
missing or visually defective required safety controls.
g) A vent system for any fuel burning appliance that has rust holes, or open
I o - i n z s .
J
h) A vent: system or fuel burning appliance thiaz visua'-"- does not have
sufficient clearance - _3 combustibles sucn - -'fat in the opinion or the
evaluator an imminerz: fire hazard exists
7
zroi:nded Meta elec fitit , Ures loca w ::n, 7. reac'- of -Derso 10
i I e suc e r s o -, i S c o n z a c : - w i z r o und e d D !
mo i Z 1 x zu r- e s
A-n room beins _sed as a bedroom ::haz does no: have an appro emergency
egress door or win""-w.
Hopkins Ci - ode
. - :Oo.O
i
k) An y other cOIIGit -on where in the opinion. of the evaluator a distinct
i life :..reatenin hazard to the occupants o -
g f the st�ucture
ex'_sts.
Items marked as hazardous by the certified evaluator shall be corrected promptly by
the o - ner The owner shall obtain all necessary permits from the city building
inspector and the premises shah be subject to inspection prior to sale and occupancy
of the dwelling. The buyer, designated in a Purchase Agreement, may elect to make
the corrections necessitated by the report of the evaluator. Such corrections may be
undertaken by a buyer only upon the written consent of the City Housing Inspector and
subject to such terms and conditions as may be required by the Inspection Department.
Such terms shall include but are not limited to a signed agreement on behalf of the
City from the buyer accepting the responsibility of correction of the hazardous
items, reasonable completion dates acceptable to the Inspection. Department and
financial evidence of ability to perform the corrections, but in either event, the
property shall remain unoccupied until such violations are corrected and an
inspection conducted by the housing inspector.
ZL06.07 Certif cates7 reports' _ i„ housing reports and filings Re
certificates, and filings shall be kept in the office of the housing inspector. A
copy may be furnished to the owner or other authorized person. upon, request.
406.09. Appeais A person aggrieved by a truth in housing disclosure report may
appeal from the action of the evaluator or inspector to an appeals board, appointed
by the council and consisting of three members of the city council. The decision and
order of the appeals board sha be binding on all parties.
406.11. Penalties A person who violates any
of the terms of th code or who
fails to comply with any order issued by the housing inspector pursuant to this code
is guilty of a misdemeanor. E ach day the owner fails to comply with any such order
shall constitute a separate offense. The inspector may post the premises by
appropr Signs On notices prohibiting occupancv and may, by appropriate action,
cause the premises to be and remain vacant until such code violations are remedied
and an approva certificate is issued.
406.13. Warranty Disclaimer or beha' o" r ; tv -i- r r`
t he c By enacting _.g and undertaking
to enforce this section, neither the City nor its council, agents or employees
warrant or guarantee the safety, f; tness or suitability of any dwelling in the city,
and any representation to the contrary by any person is a misdemeanor. Purchasers or
occupants should take whatever steps they deem appropriate to protect their
interests, health, safet -T and welfare prior to purchase or occupancy Of the dwel
40 6•15 Effective Date The effective date for compliance of this Section dial.
be August 1 1992.
(Added Ord. No. 92 -705)
i
City
of
Crystal
J
CITY V, CR STAL 1 i •
4 41 Doug Drive North Crystal, MN 55422 -1696
Dear Property owner:
Thank you for your inquiry regarding the City's Housing
Maintenance Code requirements for selling your home.
Enclosed is an application for the inspection and
Certificate of Housing Maintenance Compliance. Please fill
it out and submit it to the City, along with the inspection
fee ($80.00 for single family, and $100 for two - family
homes) .
After we have received the application, you may schedule an
a nointment for an i r
� ns�ect�on. I� no one �.s home duping the
day (Monday - Friday, 9:30 - 3:00), ask your Realtor to meet
me on the property.
If you have any questions, please feel free to contact the
.Housing Division at 531 -1000.
Sincerely,
'Frank Samples
Housing Inspector
COMMUNITY DEVELOPMENT
DEPARTMENT
* CITY V, CRYSTAL
HOUSING DIVISION
4141 Douglas Drive North Crystal, MN 55422
Phone (612) 531 -1000 Fax (612) 531 -1188
TDD (612) 537 -1008
HOUSING INSPECTION INFORMATION
Crystal's Housing Maintenance Code went into effect on 111192, as a method of preventing adverse conditions
and maintaining existing property. An inspection by a City Inspector and a Certificate of Housing Maintenance
Compliance is required for all single- and two- family residential homes, prior to sale (closing).
The first step in obtaining an inspection and a Certificate of Compliance is to submit an application, along with the
inspection fee ($80 for a single - family home and $100 for a two- family home), to the City.
Cnce we have the application, you may schedule an appointment for the inspection. If no one is home during the
day (Monday - Friday, 9:30 - 3:00), ask your Realtor to meet the inspector.
Any compliance orders issued by the inspector must be corrected within 60 days or before cicsine— whichever is
first. If no compliance orders are issued, a Certificate of Housing Maintenance Compliance is issued immediately.
The "Closer' will require this certificate at dosing.
When the required orders have been completed, call this office to schedule a reinspection. If the items have all
been corrected satisfactorily, the Certificate is then issued.
The following are answers to some commonly asked questions:
Q. Must I pay another fee when the inspector comes back for reinspection?
A. No.
Q. Must i have this inspection before �
p ore I list my home.
A. No, however in order to have any compliance orders completed before closing, we advise you not to delay
in arranging for the inspection, but you may list show, and write a purchase agreement without first having
this inspection.
Q. Must I bring my home up to today's building codes in order to sell?
A. No. This inspection does not exceed the building code in effect when the house was built. However,
subsequent additions, alterations, or hazardous conditions may involve current codes.
(ov�r�
Q. Why are most orders issued?
A. Lack of or improper maintenance, additions, alterations, and remodeling without a permit.
Q. is 60 amp electrical service acceptable, or do I have to re -wire for 100 amp service?
A. 60 amp service is acceptable, however, if there have been alterations or modificatons made, or if the
service is overloaded, it will have to be updated. The inspector may require an electrical certification by a
licensed, Minnesota electrician, to assure safety.
Q. Will 1 have to put on a new roof because my roof is 20 years or older?
A. Not necessarily; the inspector will assess the condition of the roof, regardless of age. (However, other
agencies inspecting for financing may require complete re -roofs based on the age.)
Q. Once I get the Certificate, how' long is it good for?
A. One year, or until the house is sold, whichever is first. A new certificate is required EACH TIME the house
is sold.
Q. If I take the house off the market, will I still have to complete the compliance orders?
A. If the orders pertain to hazardous or nuisance conditions, they will have to be corrected, regardless.
Q. What do you inspect?
A. All visible areas are inspected, including mechanical, electrical, and plumbing. Accessory buildings and
gara are also inspected.
Q. How long does it take to get the inspection, once the application and fee are submitted?
A. Generally, a week to 10 days.
Q. How long does the actual inspection take?
A. About 45 minutes to an hour.
Q. How soon will l get the compliance orders?
A. Usually before the inspector leaves the premises.
Q. Does someone have to be there, or can 1 give a lock -box combination or key?
A. The inspector will riot go in without an adult present, unless the house is vacant. You may arrange to have
your Realtor meet the inspector.
Q. What if I am unable, physically or financially, to make the corrections as ordered?
A. Mention this to the inspector. The Buyer can purchase the home "as -is" if the Buyer agrees to make the
corrections after the sale and signs an agreement with the City.
Q. Must I show the work orders to a potential buyer?
A. Only if you wish to do so.
�
Q. Will you discuss the house or compliance orders with a potential buyer?
A. Under Minnesota's Cata Privacy Laws, we are not allowed to discuss the orders without permission from
the seller, until after the compliance orders are completed. The orders then become public.
Q. When the Certificate of Compliance is issued to me, does it mean the City has guaranteed the
condition of my house?
A. No. This is not meant to be a guaranty or warranty.
Q. If I choose not to comply, what is the penalty?
A. To not comply with a legal written order is a misdemeanor, punishable by up to a $700 fine and /or 90 days
in jail.
Q. If I disagree with the orders issued, what is my recourse?
A. Contact the City Manager within 5 days of receipt of the orders.
We hope this has been helpful to you. If you have further questions, please feel free to contact the Housing
Inspection [Department at 531 -1000.
ko
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Th e Pont of -Sale Inspection includes but �s not iimftedto "the follo�nnng `{ ��
iAv �
'�i`;z� r:p,i�iap.tY,3.� ` n f. `4 � - ""iL t�t :' S a. ,.k.z
ti$ ,-•, +� -C .# T�j+
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HEATING
` "`` f xk K i f u t 'ts ^� c as.� T +✓.t�^% ; .p;.fi ° s -� '3& l` _ >xrfj
RIP
x�: .>r ' a •�'. YxYK rG':a
Proper venting fi _ .t z� t
` ' t f � '. h a�"t,7 +.°� '� ,Xi` ±".k�j, u 3 ,..* a-#� ,.# " c }'x t.
Y' Y _( p ape r g) must be inspected annually^
. _ w t :... A r � � ,,, a l,, f '�.a � ° r ` . �•b v.S,r , a ;. � , x
--Chi Transite' chimne s white a er- loolun
. -. ' Brick tuck pointing �
-Heat exchanger'
-Proper gas connection with gas shut -off valve (cannot be broken) `
Properly wired
- Proper clearances to combustibles
-Filter e
-Make up air for combustion y . _ , ♦ . t ti ,
S :
-
Inspector may require certification of the heating system by a licensed contractor.
WATER HEATER
-Proper water supply connections = -
-Proper venting
-Cold water shut -off valve
Temperature and pressure relief valve with attached discharge pipe extending to within 18' of floor. Pipe must be
metal.
-Proper gas connection with gas shut -off valve (cannot be broken)
-No leaks
Inspector may require certification of water heater by a licensed contractor.
PLUMBING
-All fixtures must be property vented
Traps - no tape, no leaks `
- Clean -outs must be present, tight and secure
-No leaks in system
- Cross - connections: Toilets must have V clearance from critical level of anti - syphon ballcock above overflow "
tube. Hoses cannot be attached to faucets (other than for the washing machine). Hand -held shower heads must
have wall attachment.
-ABS (black) and PVC (white) plastic plumbing cannot be glued together
- Flexible (accordion) plumbing is not permitted on waste
- Bathtubs or sinks with porcelain worn off must be resurfaced or replaced
Washing machine faucet hook ups must be soldered or mechanical joint clam -on e no
-Cover on floor
draui� tt> ,„ a P t pe
Otte
Missing tiles in shewer/bath areas must be replaced r '
In may require certification of plumbing system by a licensed plumber :'` i+ ' .7
i ; o m € * 5 t < t. i f a �s; •tiY, " y ?
'�a - r a}`]c �o . a� r ✓.+ `"'. }t"nx .r'�'... `rt ?t i _ a t ,.:t' S- , s w �. ti i y�'ic rs st. -^
Ail 4
Y ELECTRICAL
r . .
r a` -Sernce mmmum 604mp
se rvi c e is acceptable, provided there have been no altefabons, a ditions, oc mod�fi- .'
cations to service; and service is in good condition and not
r, -All services must be properly grounded, including bonding around water meters
3 +3 t 4: y... v t;,t .•YYsr
` All branch circuits must have proper sized overcurrent protection 1 3
Edison base type fuses must be type S,wrth' t
} adapters , �a-+ a .ma • v�
R., a s .E° 10 clearance ab ?'ss't grade a { nd de
+
- Overhead servctor;must f�ave at least " ov, open,porches
ice condu .acks. All.other .
.;:.u^r'`Cti. bject to N E ^- &vrr,�"• iE•zta •r.•..sasr.s..x;:ae,J. +. as ry fr ,.::,. r+::rar!r+e.
dearances &%O.C-r r irements
, u' tton on services installe or t
d rio ,96, the clearance
' t ve ground
s .Y►A�rL #FF tr r �, 4 t t1� , sr, y "`t Z (&ce P . P . + x
F abo at the paint of attachment cannot be less then 8') J4� %' 1 }R
.-Incandescent fixturescannot bewdhin 12"of combustibles�`�'
Z r ,
.- Fluorescent fixtures cannot be`vurttiin 6" of combustibles F { r
-0utiets must be wired correctly �sr ,� w $ f . } 3 }:> i 5 � � 4 A
't{�'i,+esiS h5..rr 'Q 53.4i''s t r+ !2 ,* -.' �R ++w a k
,yF z mu e..,
All grounding type outlets st be grounded y r
f
- Extension cords cannot be used m place of permanent winng (commonly found }n garages for garage door
r
openers) �, z
e}
Ali bathrooms outlet, be must in proper working condition s a
a zt:
x,. t •.
Inspector may require certification of electrical system by a licensed electrician. `
GAS CONNECTIONS
Flexible gas line must be AGA approved (generally found on dryers and ranges) f xr
Appliances must have a readily accessible shut -off valveL�
-Gas shut -off valves must be in good condition and cannot be broken
-All gas lines that are not connected to an appliance must be properly capped -
EXTERfOR _- ..., .,.. r
- Siding must be in good condition and cannot have more than 50% peeling paint per side
- Foundation must be in good condition and cannot permit water infiltration -
-Roof must be in ood condition must not allow water infiltration, 9 , } fltration must n have '
of h missing shin
.. 9 les
9
-Rotting siding, soffits fascia or trim
must be replaced
-No junk or debris in yard
9 re _
P
MISCELLANEOUS
- Driveways must be gravel or paved and must be in good condition
-All bathrooms must have an operable window or mechanical ventilation, vented to the exterior of the home
' -No broken windows (minor cracks are o.k.)
Smoke detectors are required in hallways adjacent to all sleeping rooms
- Grippable handrails are required on stairs with 4 or more risers
- Basement sleeping is prohibited without proper egress
- Sidewalk heaves greater than 2" must be corrected
-Wood burning stoves must have been a permitted installation or a permit will have to be taken, or the stove must
be removed from property (especially in garages). _
- Frewalls between garage and house must be intact -no holes in sheetrock or missing sheetrock and doors
between house and garage must be solid wood or metal and must have an attached door closer
- Attached decks must be in good condition and properly constructed with footings
-Drain We sump pumps must discharge to the exterior of the house
NOTE: This list is a general guideline and should not be interpreted as absolute fact Compliance orders. issued at the time
of inspection will be the final determination of work to be performed, if any. Not responsible for typographical errors.
City of Crystal * 4141 Douglas Drive North * Crystal, MN 55422 * (612)531 -1000
crrr
Application for Residential Certificate of Compliance
ereby request an inspection of the following property for compliance with minimum health and safety standards:
address
In the City of Crystal, Minnesota, as a dwelling unit.
Present Owner
Name Phone
Address
City State ZIP
The Certificate of Compliance Should be sent to:
Name
Phone
Address
State Zip
Realtor
Name Phone
Address
City
State Zip
If Rental Property -
Name of Tenant Phone
Closing date 1 1
I certify that I am the owner or agent and that the answers contained herein are true and accurate in all respects to the best of
my knowledge and belief. IMF. ANT: Read Reverse Side Before Signing
Date
Fee Schedule: $80.00 Single Family Signature
$100.00 Two- Family Please Submit Payment with Application.
Use Oniy
Receipt No. Amount Pd.
— T
Certificate of Compliance No. This is not a Certificate of Compliance
COMMON PROBLEMS FOUND DURING INSPECTIONS
Although most buildings have some code violations and /or
maintenance problems, the great.majority of are
minor and require little in the way of correction:.. Listed
below are a few of the most problems found'during an
inspection of a property. Use the list as a guide to
correct items before the . nspection; but be aware that work
must be performed by licensed tradespersons under permit,
where appropriate. If you have a question as to what work
requires a permit, contact the building department at 537 -
8421.
SMOKE DETECTORS
Missing, disabled or improperly installed smoke detectors
are the number one problem noted on most compliance orders.
A monthly inspection' of all smoke detectors by the owner or
manager is strongly.recommended.
FURNACES AND FLUES
Openings in the furnace,`venting, and chimney which allow
e '
exhaust gases to 4l the household environment are
very serious. Exhaust leaks are difficult to detect and
often go unnoticed"until"harm is done to the occupants. A
visual inspection : of.`the_.equipment is conducted by the
inspector. The.inspector':may require a licensed contractor
to certify the ° `equipment:' " -
The furnace inspection includes:
inspection . of . the.heat exchanger for . signs . of..- rust
through"'
z � � :..
- inspection ofthe venting and chimney /flue for proper
connections, „slope',and signs of rust - through
inspectiona`of gas_line. and gas shut-of f.valve
- inspection' wiring
- must - have A ro er cle
„P P ;„ arance to combustibles
- filter must be relatively clean r
WATER HEATER
The most common .problems found withwater = heaters,�is�'a
missing or inade ateLtem eratiire and ressire` relief valve
_.- �: - ..P _ p _
and a missing:or impro_perly. _installed__tpr!,valve. extension
Pipe. The water heaterjinspection.:includes visual ,,
. ,.._ ... _ .. .
Y
- venting; 'must ' Y in ,'good condition.
connected, 'with an . adequate drafthood ..
- temperature and pressure relief valve;'must'be”
properly installed'and'in good condition, with`a
properly attached extension /discharge pipe (must
extend to within 18 of floor)
-gas shut -off valve and gas line; must be properly
connected and in good condition; valve must not be
broken
cold water shut -off valve
proper clearance to combustibles
Note: - a permit is required for replacement of a water
heater
ELECTRICAL SYSTEM
Though many potential electrical problems are hidden, the
inspector looks for obvious conditions that can lead to
electric shock or fire ignition. Potential problems
include:
bare, abused, obsolete or worn wiring; splices or
fixtures installed without a junction box.
- missing outlet or switch covers; missing cover plate
on fuse box; missing covers on junction boxes
- oversized fuses; signs of overloading
-loose or damaged fixtures, .switches, or outlets
overhead service lines to low to ground /deck /porch,
etc.
improperly wired fixtures, switches, or outlets
- -unusual installations and other hazards
use of extension cords in place of permanent wiring
'- incandescent lightbulbs lacking 2" clearance
combustibles
g to
ombus
t�.b
les
PLUMBING
The``most problems found in plumbing are a cross-
connection of contaminated water with potable /drinking
water.' - - 'This can occur through 'improperly installed or
obsolete ballcocks in toilets (lack of 1" airgap between
critical water level of'ballcock'and top_.of overflow tube;
or'unapproved, non - anti syphon�ballcock);..or through hoses
-left' connected to faucets (laundry tub or` exterior)' when
not use. Other potential - problems'include:
y;
fixtures that are improperly vented
z
� ; ;corroded traps
`- clean -outs � `that °are 'loose ~
V loose toilets - _ t = _
64, L* 1
umbin
not
. :P e
g (not
ed
AB -
S� b
1
' ( ack) ~ 'and PVC (white lastice plumbing .
P
.. .
',joined together
-
'- bathtubs or sinks -with porcelain_.worn off
.-lack 'of ventilation in bathroom (mechanical
or window) -
- missing tiles in shower /tub area
EXITS AND EGRESS
Every sleeping room must have two acceptable means of escape
in case of fire, such as a door and a properly sized window.
All basement sleeping rooms must have a door directly to the
outside, or a legal egress window. All egress corridors
must provide reasonable egress and resistance to fire.
EXTERIOR
Items that require correction in this area include:
- siding, soffits, fascia, and trim that is rotted,
broken, or missing
- peeling paint (50% or more per side)
- leaking foundation
- missing, broken, or torn screens and storms
- missing or broken shingles; leaking roof
MISCELLANEOus
The following miscellaneous items also will require
correction:
- missing or inoperable locks on windows within
six (6) feet of the ground
- broken windows
- missing or inadequate handrails on stairs
(required on all stairs with 4 or more risers
-holes
in fire walls
- missing, inoperable, or inadequate locks on doors
- evidence of rats, or mice or cockroach infestation
- standing puddles of stagnant water
- uncollected refuse
- unscreened refuse /recycling containers
- improper storage or disposal of materials
- missing house /building numbers
- structural problems
-other items as determined by the inspector
Crystal City Code 420.01
Section 420 - Housing and redevelopment
420.01. Housing and redevelopment authority; membership The commissioners of
the housing and redevelopment authority of the city of Crystal will consist of no more
than three members of the city council and no less than two other residents of the
city, all of whom are appointed by the mayor with the approval of the city council.
For the purposes of this ordinance, the mayor is a member of the council.
420.03. Vacancies . If a member of the city council who is a commissioner vacates the
office of councilmember, or if the councilmember completes the term of office and is
not re- elected to the office, the council must declare the office of commissioner
vacant, and the vacancy is to be filled by appointment for the uncompleted portion
of the term. The person so appointed need not be a councilmember.
420.05. Authority This ordinance is enacted pursuant to the provisions of Laws
of Minnesota 1974 chapter 124 and the Minnesota housing and redevelopment act.
P � g
P
(NOTE: This section is included for informational purposes only. The Crystal
economic development authority exercises the powers of the housing and
redevelopment authority.)
Section 425 - Housing maintenance code
425.01. Short title This section may be cited as "The city of Crystal housing
maintenance code", or the "housing code".
425.03. Policy; purpose; intent Subdivision 1. Policy . It is the policy of the city
to enhance the supply of safe, sanitary and adequate housing for its citizens and to
prevent the deterioration of existing housing in the city.
Subd . 2. Purpose The purpose of the housing code is to carry out the policy
stated in subdivision 1 by establishing minimum standards, and procedures for their
enforcement consistent with the right to personal privacy, for the protection of life,
limb, health, property, safety, and welfare of the general public and the owners and
occupants of residential buildings.
Subd. 3. Objectives The objectives of this code include, but are not limited
to, the following:
Crystal City Code 425.03 , Subd. 4
a) Protection and preservation of the stability aential character
of residential areas in the
b) The prevention and correction of housing conditions that adversely
affect the life, safety, health and general well being of persons
occupying dwellings in the city.
c) The establishment of minimum standards for light, ventilation, cooling,
heating and sanitary equipment necessary to insure the health and
safety of occupants of dwellings.
d) The establishment of minimum standards for the maintenance of
residential dwellings, both owner occupied and rental dwellings.
e) The prevention of the emergence of blighted and deteriorating housing
in the city.
f) The prevention of overcrowding of rental dwellings.
g) The preservation of the value of land and buildings in the city.
Subd. 4. Intent; relation to the provisions of city code The city council
intends that the housing code be an integral part of the city's program of health, ,
safety, building, and land use regulation. This code is to be construed liberally in
conjunction with other provisions of the city code to give effect to the policy,
purpose, and objectives of this section, but is not to be construed to modify, amend
or other�Adse alter the provisions of the city code relating to health, safety, building
or land use regulation.
425.05. Adoption of uniform housinC code by reference Subdivision 1. Code
adopted Chapters 4, 5, 6, 7, 8, 9 and 10 of the uniform housing code, 1988 edition
(the "Uniform Housing Code ") published by the international conference of building
officials is, except as modified or amended herein, adopted by reference and is made
• part of this code as if fully set out at length.
Subd. 2. Copv on file One copy of the uniform housing code, together with
• copy of this code, each marked "official copy ", must be kept on file in the office
of the city clerk and available for public inspection. The clerk and the building
inspector must keep a reasonable number of additional copies of the uniform housing
code and this code available for use and inspection by the public at reasonable times .
425.07. Definitions . Subdivision 1. General For purposes of this code the terms
defined in this section have the meanings given them.
Subd. 2. "Dwelling" means a designed for
w building desi
building n
residential occupancy: g the term includes s or a portion of a bu ingle family, two family and multiple
family dwellings but does not include hotels, motels and boarding houses.
Crystal City Ca- 425 .07, Subd. 3
a
Subd. 3. " Jig unit" means (i) a single family dwelling and (ii) a discrete
por of
tion 4,4wel igned for occupancy by one family.
Subd. 4. "Common Areas" means halls, corridors, passageways, utility
rooms, recreational rooms and extensive landscaped areas, not under the exclusive
control of one person or family, in or adjacent to a multiple dwelling.
Subd. 5. "Owner" , "owner-operator", or "operator" means any person, firm
or corporation who alone or jointly or severally with others is in actual possession
of or has charge, care or control of a dwelling or dwelling unit in the city as owner,
employee or agent of the owner or as trustee or guardian of the estate or the person
of the title holder, and such person is bound by the provisions of this code to the
same extent as the owner.
Subd. 6. "Repair" means to restore to a sound acceptable state of operation,
serviceability or appearance.
pP
Subd. 7. "Replace" means to remove an existing item or portion of a system
and to construct or install a new item of similar or new quality as an existing item
when new when repair of the item is impractical.
Subd. 8. "Code" or "this code" means the housing maintenance code; "city
code" means the Crystal city code of ordinances; "building code" means chapter IV
of the city code; "zoning code" means the city code, appendix I, section 515.
Subd. 9. "Housing official" means the city officer or officers in the
department of protective inspection and other city departments designated by the
city manager to administer this code.
Subd. 10. The terms "compliance official" and "corporation counsel" where
those terms are used in the uniform housing code mean the city manager and the city
attorney, respectively.
Subd. 11. Relation to other code definitions Except as expressly provided
in this code, words, terms, and phrases used in this code have the meanings given
them by the city code. In cases where conflicting definitions of a word, term, or
phrase make its precise meaning unclear in its application to particular facts, the
city manager is authorized to resolve the conflict subject to the provisions of
subsection 425.27 relating to appeals.
425.09. Application Subdivision 1. General This code applies to buildings, their
premises, accessory structures thereto, and dwelling units therein, used or
designed to be used for human habitation.
Subd. 2. Existing buildings A building lawfully existing under the building
code must conform to this code. A building need not be altered or changed to exceed
the requirements of the building code in effect at the time of its construction, except
in the following cases:
Crystal City Code 425.11
a) if the building is altered or enlarged pursuant to the building code;
b) if the building is moved or relocated; or
c) if the building is determined to be unsafe or hazardous by the building
inspector pursuant to the building code or state law.
Occupancy in buildings lawfully existing under the building code may be continued
under this code.
425.11. Duties of owners and occupants Subdivision 1. Sanitation The occupant
of a dwelling or dwelling unit must maintain in a clean and sanitary condition that
part of the dwelling, dwelling unit and yard that the occupant occupies and controls;
and is responsible for the occupant's own misuse of areas and facilities available in
common. The owner or operator of a two - family dwelling or multiple dwelling must
maintain in a clean and sanitary condition the shared or public areas of the dwelling
and yard. The occupant of a dwelling unit must keep all supplied facilities,
including plumbing fixtures and cooking equipment, in a clean and sanitary condition
and is responsible for the exercise of reasonable care in their proper use and
operation.
Subd. 2. Removal of waste matter and recyclable materials The occupant of
a dwelling unit must dispose of rubbish, ashes, garbage and other organic waste in
a clean and sanitary manner as provided by section 605 of the city code. The owner
or operator of a multiple dwelling is responsible for the clean and sanitary
maintenance of common storage or disposal facilities and must dispose of rubbish in
a clean and sanitary manner as provided in section 605 of the city code. The owner
or operator of a multifamily dwelling containing more than eight units must comply
with the requirements of subsection 650.19 of the city code.
Subd. 3. Pest extermination The occupant of a single dwelling unit is
responsible for the extermination of vermin infestations or rodents on the premises.
The occupant of a dwelling unit in a building containing more than one dwelling unit
is responsible for such extermination when the dwelling unit is infested. When
infestation is caused by the failure of the owner or occupant to maintain a building
containing dwelling units in a reasonably rodent - resistant or reasonably
vermin- resistant condition, pest extermination is the responsibility of the owner or
operator. After extermination, it is the responsibility of the owner or occupant, as
the case may be, to correct such maintenance or other problems as designated by
appropriate city officials to eliminate the source of the infestation. If infestation
exists in two or more dwelling units in any dwelling, or in the shared or public parts
of any dwelling containing two or more dwelling units, pest extermination is the
responsibility of the owner or operator.
Subd . 4. Heat The owner or operator of a building containing two or more
dwelling units must supply facilities capable of providing adequate heat to every
habitable room therein; for the purposes of this subdivision "adequate heat" means
heat sufficient to maintain a temperature of 70 degrees F. at a height of three feet
above the floor in all habitable rooms, bathrooms, and water closet compartments.
Crystal City Code 425.11 , Subd. 5
Subd . 5 . Utilities Except as otherwise provided by law, an owner, operator
or occupant may not cause service equipment or utility service that is required 'by'_
this code to be removed, shut off or discontinued for any occupied dwelling let or - "�-
occupied by that person, except for such temporary interruption as may be
necessary while actual repairs or alterations are in process or during temporary
emergencies.
Subd. 6. Transfer of responsibility A contract between owner and operator,
operator and occupant, or owner and occupant, with regard to compliance with this
code, does not relieve the owner or operator of a duty imposed by this code.
Subd. 7. Notice of maximum occupancy An owner or operator must advise
the occupant, in writing, by insertion in the lease between the parties or otherwise,
of the maximum number of occupants permitted in occupied premises subject to this
code.
425.13. Sale of property; certificate of inspection Subdivision 1. Application
The owner of a structure containing one or two dwelling units must, prior to the
execution of a document providing for the conveyance of the structure, furnish to
the prospective buyer thereof, and obtain from the buyer a signed receipt therefor,
a copy of a certificate of compliance issued by the housing official within one year
preceding the date of the execution of the document of conveyance.
Subd. 2. Form of certificate The housing official must issue a certificate of
compliance to the owner within 15 days after gaining access to the interior of all
structures on the subject property when:
a) the owner or the owner's authorized agent has applied in writing to the
housing official, giving consent to such inspection, and the owner or
agent has agreed to a time during normal city working hours at which
the subject property will be available for inspection, and has paid the
inspection fee set forth in appendix IV; and
b) the housing official has inspected the structure and grounds and has
noted any conditions found during the inspection which are in violation
of the city code.
Subd. 3. Compliance The certificate of compliance must contain a compliance
order if the housing official has determined that the issuance of an order is
required. The owner is responsible for the corrections required by the compliance
order.
Subd. 4. Alternative procedure; disclosure As an alternative to the
certificate of compliance described in subdivision 1, the owner of a single or
two - family dwelling may provide to a prospective buyer at the date of execution of
any document providing for the conveyance of such a building a written disclosure
statement on a form provided and completed by the housing official, setting forth
those conditions in the building which, if not corrected, will constitute a major
structural defect or an immediate danger to the health and safety of the occupant,
or which if not corrected will constitute a violation of this code. In such a case, the
buyer is presumed to have purchased with notice of such condition and is
responsible for the corrective action required by a compliance order.
Crystal Citv Code 425.13, Subd. 5
Subd. 5. Certificates • disclosure statement �. A copy of the certificate
of compliance or disclosure statement_ musf :Qe f'.. the housing official. A
prospective buyer may not occupy a dwelling =ix he subject of a compliance
order until the filing has been made. If the owner or buyer files an affidavit with
the housing official setting forth the date by which the corrective action directed by
the compliance order will be completed, occupancy is permitted pending completion
of the corrective action specified in the compliance order unless the dwelling unit has
been declared unfit for human habitation pursuant to subsection 425.25.
Subd. 6. Effect of certificate or statement Nothing in the certificate of
compliance or the disclosure statement described in subdivision 4 is to be construed
as a representation by the city or the housing official that the dwelling meets
minimum housing and building standards of the city.
Subd. 7. Prohibition It is unlawful for an owner to convey a dwelling
without providing to the buyer a certificate of compliance or a disclosure statement
as required by this section. This section does not apply to conveyances to a public
body, conveyances by a public or court officer in the performance of the officer's
duties, or conveyances by a person acting under the direction of court order,
except for conveyances ordered by a probate court.
425.15. Administration, enforcement; inspection Subdivision 1. Administration
and enforcement The city manager is responsible for the administration and
enforcement of this code and the supervision of the housing official.
Subd. 2. Compliance When the housing official determines that there exists
in a building or a portion thereof conditions that constitute a violation of this code,
the housing official may begin enforcement procedures under subsection 425.25.
425.17. Licensing of rental units Subdivision 1. General rule It is unlawful to
operate a rental dwelling without first having obtained a license. The license is
issued each year and expires on the anniversary date of issuance. An application
for license renewal must be filed at least 90 days prior to license expiration date.
Subd. 2. Application This subsection establishes minimum standards for
maintaining rental dwellings, dwelling units, accessory structures and related
premises. A building and its premises used in whole or in part as a home or
residence, or as an accessory structure thereto, for a single family or person, and
a building used in whole or in part as a home or residence of two or more persons or
families living in separate units must conform to the requirements of this section
without regard to when the building may have been constructed, altered, or
repaired. This subsection is intended to provide standards for licensed rental
housing and to provide standards to allow resolution of complaints regarding licensed
rental housing.
Subd- 3. License Subdivision 1. Fees License fees are due 60 days prior
to the license expiration date. In the cases of new unlicensed dwellings, license fees
_. --ere due upon issuance of the certificate of occupancy. In the cases of licensing
periods of less than two years, license fees are prorated monthly. License fees are
set in appendix IV.
Crys lode 425.17, Subd. 4
_ - 5 Conditions A license is nontransferable. The license fee is not
-_ re �znd , "n revocation or suspension. The license fee is refundable, prorated
man` proof of transfer of legal control or ownership.
Subd. 5. Application; information Applications for a license or renewal of
a license must be made by the owner of a rental unit. Application forms are filed
with the housing official. The applicant must supply:
a) name, address, and telephone number of dwelling owner, owning
partners if a partnership, corporate officers if a corporation;
address er of desi designated resident agent, if
b) name, r ss and numb gn g
any;
C) name, address and telephone number of vendee, if the dwelling is being
sold through a contract for deed;
d) legal address of the dwelling;
e) number of dwelling units within the dwelling; and
f) description of procedure by which tenant inquiries and complaints are
to be processed.
Subd. 6. Notice of change The licensee must give notice in writing to the
housing official within five business days after any change of the information in the
application. Notice of transfer of ownership is governed by subdivision 11.
Subd. 7. Resident agent required An operating license will not be issued
or renewed for a nonresident owner of rental dwelling units (an owner who does not
reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka,
Carver, Dakota, Scott, or Washington) unless the owner designates in writing the
name of a resident agent (an agent who does reside in any of the following Minnesota
counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who
is (i) responsible for maintenance and upkeep, (ii) legally constituted and
empowered to receive service of notice of violation of the provisions of the city
ordinances, to receive orders and to institute remedial action to effect such orders,
and (iii) to accept service or process pursuant to law. The housing official must be
notified in writing by the owner of a change of resident agent.
Subd. 8. Conformance to laws An operating license will not be issued or
renewed unless the rental dwelling unit and its premises conform to this section, the
ordinances of the city and the laws of the state of Minnesota.
Subd. 9. Inspection condition An operating license will not be issued or
renewed unless the owner of the rental unit agrees in the application to permit
inspections pursuant to subdivision 15.
Subd. 10. Posting of license The license of a building containing three or
more dwelling units must conspicuously post the current license in the main entry
or other conspicuous location in a frame with a glass or plastic cover.
Crystal City Code 425.17, Subd. - "
N' 0
Subd. 11. Transfer The licensee must give notice in writing to the housing
official within five business days after having legally transferred or otherwise
disposed of the effective control of licensed rental dwelling. The notice must include
the name and address of the person succeeding to the ownership or control of the
rental dwelling or dwellings. For purposes of this subsection the term "effective
control" means that control business 'etor,
n rol exercised over property by a b ness propri ,
whether as owner or lessee or by an owner or lessee of other property.
Subd. 12. Occupancy register required The owner of a licensed rental
dwelling containing one or more dwelling units must keep a current register of
occupancy for each dwelling unit. The register must provide the following
information:
a) dwelling unit address;
b) number of bedrooms in dwelling unit;
c) names of adult occupants and number of adults and children (under 18
years of age) currently occupying the dwelling units;
d) dates renters occupied and vacated dwelling units;
e) a chronological list of complaints and requests for repair by dwelling
unit occupants, which complaints and requests are related to the
provisions of this section; and
(f) a similar chronological list of corrections made in response to requests
and complaints.
The register must be available for viewing or copying by the housing official at
reasonable times.
Subd. 13. License suspension or revocation An operating license is subject
to suspension or revocation by the council if the licensed owner fails to operate or
maintain licensed rental dwellings and units therein consistent with this section and
the law. If an operating license is suspended or revoked by the council, it is
unlawful for the owner to permit new occupancy of vacant rental units until a valid
operating license is issued by the council.
Subd. 14. Enforcement; inspection authority The housing official
administers and enforces the provisions of this subsection. The housing official may
inspect on complaint, change in ownership, or otherwise when reason exists to
believe that a violation of this subsection has been or is being committed.
Inspections must be conducted during reasonable daylight hours. The housing
official must present evidence of official authority to the occupant in charge of a
licensed dwelling unit.
Subd. 15. Inspection access If an owner, occupant, or other person in
charge of a dwelling unit licensed under this section fails or refuses to permit free
access and entry for inspection purposes, the housing official may, upon a showing
of probable cause, obtain orders from a court of competent jurisdiction for the
inspection.
Crystal City Code 42
425.19. Minimum requirements; implementation standards; policies Subdivision
Minimum requirements . The minimum requirements imposed by thus_ code: --d lu Li
those standards or requirements in effect on the date of the- construction _
building subject to this code. It is not the intention of this code to require all
buildings to be upgraded to meet all requirements of the present building code.
Subd. 2. Implementation standards In administering this code, the housing
official will treat the following as conditions constituting an immediate hazard to
health and safety:
a) heating systems that are unsafe due to: burned out or rusted out heat
exchangers (fire box) ; burned out or plugged flues; not being vented;
being connected with unsafe gas supplies; or being incapable of
adequately heating the living space;
b) water heaters that are unsafe due to: burned out or rusted out heat
exchangers (fire box); burned out, rusted out, or plugged flues; not
being vented; being connected with unsafe gas supplies; or lack of
temperature and pressure relief valves;
C) electrical systems that are unsafe due to: dangerous overloading;
damaged or deteriorated equipment; improperly tapped or spliced
wiring; exposed uninsulated wires; distribution systems of extension
cords or other temporary methods; ungrounded systems; ungrounded
appliances in contact with earth;
d) plumbing systems that are unsanitary due to: leaking waste systems
fixtures and traps; lack of a water closet; lack of washing and bathing
facilities; or cross connection of pure water supply with fixtures or
sewage lines;
e) structural systems, walls, chimneys, ceilings, roofs, foundations, and
floor systems, that will not safely carry imposed loads;
f) refuse, garbage, human waste, decaying vermin or other dead animals,
animal waste, other materials rendering it unsanitary for human
occupancy, including lack of light and air;
g) infestation of rats, insects, and other vermin.
Subd. 3. Implementation policies The city council will, upon recommendation
of the city manager, adopt by resolution policies and guidelines for the
implementation and administration of this code. These policies and guidelines must
include, but are not limited to, standards and guidelines relating to:
a) procedures for housing inspections;
b) proper disposition of information gathered in connection with housing
inspections;
C) conditional occupancy of housing during periods needed for compliance;
- - Crystal City Code 425.21
d) methods of encouraging thetion of deficiencies by cooperation
between owner and _grgpos urrent occupants.
425.21. Reporting; forms; records The housing official must prepare forms and
certificates necessary to carry out the provisions of this code. The housing official
must, in cooperation with the city and the Crystal economic development authority
(EDA) staffs, design appropriate systems of accumulating or organizing and
cataloging data relating to the condition, adequacy, and availability of residential
h
housing in the city and must report on
these matters from
time to time to the EDA and
at its request. The official's report must also contain recommendations for
modifications in the provisions of this code and its administration.
425.23. Hazardous conditions; built -in deficiencies; procedure Subdivision 1.
Procedure If the housing official determines that there exists in a building a
condition that constitutes an immediate hazard to the health and safety of its
occupants, the official may:
a) issue a compliance order requiring immediate compliance if the condition
can reasonably be corrected;
b) proceed against the building pursuant to applicable state laws relating
to hazardous or unsafe structures; or
C) recommend that the city council proceed to correct the condition by
abating it as a nuisance under Minnesota Statutes, section 429.101, and
this clause is to be construed as authorizing the imposition and billing
of charges for the cost thereof and the assessment of unpaid charges
against the property on which the building is located in the manner
provided by Minnesota Statutes, section 429.101.
Subd . 2. Built -in deficiencies It is determined that certain conditions within
existing buildings, lawful at the time of the construction of the building, may not
comply with the minimum requirements of this code. Such conditions are herein
referred to as "built -in deficiencies ", and the housing official, in administering this
code, must consider the following built -in deficiencies as being beyond reasonable
correction:
a) Ceiling heights An existing habitable room with less than a seven foot
six inch ceiling height.
b) Superficial floor area An existing habitable room of less than 90
square feet.
c) Natural light and ventilation An existing habitable room with window
area less than 10% of the floor area; provided, however, that in no case
may the required area of light and ventilation be less than 5% of the
floor area.
425.25. Inspections Subdivision 1. Records Inspections must be conducted
during reasonable hours. The housing official must present evidence of authority
to the owner or occupant in charge of a dwelling unit. Subject to the provisions of
law, the housing official must keep evidence, exclusive of the inspection records,
discovered or obtained in the course of an inspection confidential.
<al City Code 425 .25 , Subd. 2
Subd. 2. Unfit for human habitation A dwelling, dwelling unit or rooming
portion thereof that is damaged, decayed, dilapidated, unsanitary, unsafe,
-°- or rodent infested or which lacks provision for basic illumination, ventilation
or sanitary facilities to the extent that the defects create a hazard to the health,
safety or welfare of the occupants or of the public may be declared unfit for human
habitation. If a dwelling, dwelling unit or rooming unit has been declared unfit for
human habitation, the housing official must order the dwelling or unit vacated within
a reasonable time and post a placard on dwelling or unit indicating that it is unfit for
human habitation. An operating license previously issued for the dwelling or unit
will be revoked pursuant to law.
Subd. 3. Correction It is unlawful to use a dwelling, dwelling unit or
rooming unit or portion thereof for human habitation until the defective conditions
have been corrected and written approval has been issued by the housing official.
It is unlawful to deface or remove the declaration placard from a dwelling, dwelling
unit or rooming unit.
Subd. 4. Secure unfit and vacated dwellings The owner of a dwelling,
dwelling unit, or rooming unit that has been declared unfit for human habitation or
that is otherwise vacant for a period of 60 days or more must make the same safe and
secure so that it is not hazardous to the health, safety and welfare of the public and
does not constitute a public nuisance. A vacant dwelling open at doors, windows,
or wall opening, if unguarded, is deemed to be a hazard to the health, safety and
welfare of the public and a public nuisance within the meaning of this section.
Subd. 5. Hazardous building declaration If a dwelling has been declared
unfit for human habitation and the owner has not remedied the defects within a
prescribed reasonable time, the dwelling may be declared a hazardous building and
may be removed, razed or corrected pursuant to the provisions of Minnesota
Statutes, sections 463.15 to 463.26.
Subd. 6. Compliance procedure Subdivision 1. Order If the housing
official determines that a rental dwelling, rental dwelling unit or rooming unit or
portion thereof is in violation of an order or this :ode, the housing official may issue
a compliance order setting forth the violations of such and ordering the owner
occupant, operator or agent to correct such violation. The compliance order must:
a) be in writing;
b) describe the location and nature of the violations of this section;
c) establish a reasonable time for the correction of the violation and notify
the owner of appeal procedures;
d) be served upon the owner, the owner's agent, or the occupant, as the
case may be: the notice is deemed to be properly served upon owner or
agent, or upon any such occupant, if a copy thereof is:
1) served upon the owner or agent; or
2) sent by registered mail to the owner or agent's last known
address; or
Crystal City Code 425.27
3) upon failure to effect notice through a) or b) as set out in this
section, service may be made pursuant to Minnesota Statutes,
section 463.17 , subdivision 2, which reads as follows:
"Service. This order will be served upon the owner of record,
or his agent if an agent is in charge of the building, and upon
the occupying tenant, if there is one, and upon all lien holders
of record, in the manner provided for service of a summons in a
civil action. If the owner cannot be found, the order will be
served upon them by posting it at the main entrance to the
building and by four weeks' publication in the official newspaper
of the municipality if it has one, otherwise in a legal newspaper
in the county"; or
4) pursuant to Minnesota Statutes, section 145A.04.
425.27. Appeals; right of appeal When it is alleged by a person to whom a
compliance order is directed that the compliance order is based upon erroneous
interpretation of this section or upon a misstatement or mistake of fact, that person
may appeal the compliance order to the city manager. The manager must forward the
recommendation to the city council within 30 days after receipt of this appeal. The
appeal (i) must be in writing, (ii) must specify the grounds for the appeal, and (iii)
must be filed with the housing official within five business days after service of the
compliance order. The filing of an appeal stays proceedings in furtherance of the
action appealed from unless such a stay in the judgment of the housing official would
cause imminent peril to life, health or property. The city council must act promptly
on the manager's recommendation and the manager's recommendation may be
reversed, modified or affirmed in whole or in part by the council. The council's
disposition of the appeal is final.
425.29. Restrictions on transfer of ownership It is unlawful for the owner of a
dwelling, dwelling unit or rooming unit upon whom a compliance order has been
served to sell, transfer, mortgage or lease or otherwise dispose of the dwelling,
dwelling unit or rooming unit to another person until the compliance order has been
complied with, unless the owner furnishes to the grantee, lessee or mortgagee a true
copy of any notice of violation or compliance order and obtains and possess a receipt
of acknowledgement. A person obtaining an interest in the dwelling, dwelling unit
or rooming unit who has received notice of the existence of a compliance order is
bound by the order without further notice and is subject to the penalties and
procedures provided by this section.
425.31. Execution of compliance orders Upon failure to comply with a compliance
order within the time set therein, and no appeal having been taken, or upon failure
to comply with a modified compliance order within the time set therein, the criminal
penalty established hereunder notwithstanding, the city council after due notice to
the owner may by resolution cause the cited deficiency to be remedied as set forth
in the compliance order. The cost of such remedy is a lien a the subject real
estate and may be levied and collected as a special assessment in the manner
provided by Minnesota Statutes, chapter 429, for any of the reasons set forth in
subsection 429.101, subdivision 1, and specifically for the removal or elimination of
Crystal City Code 2 .33
public health or safety hazards from private property. The assess 1 be
payable in a single installment. It is the intent of this section- to -autho city
to utilize all of the provisions of subsection 429.101 to promate "tom - lth,
safety and general welfare.
425.33. Violations; penalties Subdivision 1. General It is unlawful to erect,
construct, enlarge, alter, repair, move, improve, equip, use, occupy or maintain
any building or structure within the city contrary to the provisions of this code.
Subd . 2. Non - compliance . Failure to comply with a lawfully issued compliance
order is a violation of this code.
_ aJ
1988 EDITION 401
i
Chapter 4
DEFINITIONS
Definitions
Sec. 401. For the purpose of this code, certain terms, phrases. words and their
derivatives shall be construed as specified in either this chapter or as specified in
the Building Code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context with which they are used. Webster's Third
New International Dictionary of the English Language, Unabridged, copyright
1981, shall be considered as providing ordinary accepted meanings. Words in the
singular include the plural and the plural the singular. Words used in the masculine
gender include the feminine and the feminine the masculine.
BUILDING CODE is the Uniform Building Code promulgated by the Interna-
tional Conference of Building Officials. as adopted by this jurisdiction.
EFFICIENCY DWELLING UNIT is a dwelling unit containing only one
habitable room and meeting the requirements of Section 503 (b), Exception.
HEALTH OFFICER is the legally designated head of the Department of
Health of this jurisdiction.
HOT WATER is hot water supplied to plumbing fixtures at a temperature of not
less than 110 °F.
MECHANICAL CODE is the Uniform Mechanical Code promulgated
jointly by the International Conference of Building Officials and the International
Association of Plumbing and Mechanical Officials, as adopted by this jurisdic-
tion.
NUISANCE. The following shall be defined as nuisances:
1. Any public nuisance known at common law or in equity jurisprudence.
2. Any attractive nuisance which may prove detrimental to children whether in
a building, on the premises of a building, or upon an unoccupied lot. This includes
any abandoned wells, shafts, basements or excavations; abandoned refrigerators
and motor vehicles; or any structurally unsound fences or structures; or any
lumber, trash, fences, debris or vegetation which may prove a hazard for inquisi-
tive minors.
3. Whatever is dangerous to human life or is detrimental to health, as deter-
mined by the health officer.
4. Overcrowding a room with occupants.
5. Insufficient ventilation or illumination.
6. Inadequate or unsanitary sewage or plumbing facilities.
7. Uncleanliness, as determined by the health officer.
8. Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the health officer.
PLUMBING CODE is the Uniform Plumbing Code promulgated by the
International Association of Plumbing and Mechanical Officials.
13
501 -503 UNIFORM HOUSING CODE 1988 EDITION 503 -504
Chapter 5 l thirds the area thereof, but in no case shall the height of the furred ceiling be less
SPACE AND OCCUPANCY STANDARDS than 7 feet.
(b) Floor Area. Every dwelling unit shall have at least one room which shall
Location on Property have not less than 120 square feet of floor area. Other habitable rooms, except
Sec. 501. All buildings shall be located with respect to property lines and to kitchens, shall have an area of not less than 70 square feel. Where more than two
other buildings on the same property as required by Section 504 and Part IV of the I persons occupy a room used for sleeping purposes, the required floor area shall be
Building Code. increased at the rate of 50 square feet for each occupant in excess of two.
Yards and Courts EXCEPTION: Nothing in this section shall prohibit the use of an efficiency
living unit within an apartment house meeting the following requirements:
Sec. 502. (a) Scope. This section shall apply to yards and courts having 1. The unit shall have a living room of not less than 220 square fe,eJJ'�of superficial
required windows openings therein. Floor area. An additional 100 square feet of superficial fluor area s 11 be provided
(b) Yards. Every yard shall be not less than 3 feet in width for one -story and for each occupant of such unit excess of two.
two -story buildings. For buildings more than two stories in height the minimum 2. The unit shall be provided with a separate closet.
width of the yard shall W increased at the rate of 1 foot for each additional story. 3. The unit shall be provided with a kitchen sink, cooking appliance and refriger-
Where yards completely surround the building, the required width may be re- ation facilities, each having a clear working space of not less than 30 inches in front.
duced by I foot. For buildings exceeding 14 stories in height the required width Light and ventilation conforming to this code shall be provided.
of yard shall be computed on the basis of 14 stories. 4. The unit shall be provided with a separate bathroom containing a water closet,
lavatory and bathtub or shower. �
(c) Courts. Every court shall be not less than 3 feet in width. Courts having (c) Width. No habitable room other than a kitchen shall be less than 7 feet in
windows opening on opposite sides shall be not less than 6 feet in width. Courts any dimension.
bounded on three or more sides by the walls of the building shall be not less than IU Each water closet stool shall be located in a clear space not less than 30 inches in
feet in length unless bounded on one end by a public way or yard. For buildings width and a clear space in front of the water closet stool of not less than 2.1 inches
more (hall two stories in height the court shall be increased I foot in width and 2 shall be provided.
feet in length for cacti additional story. For buildings exceeding 14 stories in Light and Ventilation
height, the required dimensions shall be computed on the basis of 14 stories.
Adequate access shall be provided to the bottom of all courts for cleaning Sec. SU4. (a) Natural Light and Ventilation. All guest rooms, dormitories
and habitable rooms within a dwelling unit shall be provided with natural light by
purposes. Every court more than two stories in height shall be provided with a means of exterior glazed openings with an area not less than one tenth of the floor
horizontal air intake at the bottom not less than 10 square feet in area and leading area of such rooms with a minimum of 10 square feet. All bathrooms, water closet
to the exterior of the building unless abutting a yard or public way. The construe- coin partr lie fits, laundry rooms and similar rooms shall be provided with natural
tion of the air intake shall be as required for the court walls of the building, but in ventilation by means of openable exterior openings with an area not less than one -
no case shall be less than one -hour fire- resistive. twentieth of the floor area of such rooms with a minimum of 1' /a square feet.
Room Dimensions All guest rooms, dormitories and habitable rooms within a dwelling unit shall
Sec. 503. (a) Ceiling Heights. Habitable space shall have a ceiling height of be provided with natural ventilation by means of openable exterior openings with
not less than 7 feet 6 inches except as otherwise permitted in this section. an area of not less than one - twentieth of the floor area of such rooms with a
Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of minimum of 5 square feet.
not less than 7 feet measured to the lowest projection from the ceiling. Where (b) Origin of Light and Ventilation. Required exterior openings for natural
exposed beam ceiling members are spaced at less than 48 inches on center, ceiling light and ventilation shall open directly onto a street or public alley or a yard or
height shall be measured to the bottom of these members. Where exposed beam court located on the same lot as the building.
ceiling members are spaced at 48 inches or more on center ceiling height shall be EXCEPTION: Required windows may open into a roofed porch where the
measured to the bottom of the deck supported by these members, provided that the I porch:
bottuor of the members is not less than 7 feet above the floor. 1. Abuts a street, yard, or court; and
It' any room in a building has a sloping ceiling, the prescribed ceiling height for 2. Has a ceiling height of not less than 7 feel; and
the room is required in only one -half the area thereof'. No portion of the room 3. Has the longer side at least 65 percent open and unobstructed.
measuring less than 5 feet from the finished floor to the finished ceiling shall be A required window in a service room may open into a vent shaft which is open
included in any computation of the minimum area thereof. and unobstructed to the sky and not less than 4 feet in least dimension. No vent
If any room has a furred ceiling, the prescribed ceiling height is required in two- shaft shall extend through more than two stories.
14 15
i
504 -505 UNIFORM HOUSING CODE I 1988 EDITION 505
For the purpose of determining light and ventilation requirements, any room j in which a water closet is located shall be separated from food preparation or
inay be considered as a portion of an adjoining room when one half of the area of storage rooms by a tight - fitting door
the common wall is open and unobstructed and provides an opening of not less (g) Installation and Maintenance. All sanitary facilities shall be installed and
than one tenth of the floor area of the interior room or 25 square feet, whichever is I maintained in safe and sanitary condition and in accordance with applicable
greater. requirements of the Plumbing Code.
(c) Mechanical Ventilation. In lieu of required exterior openings for natural
ventilation, a mechanical ventilation system may be provided. Such system shall
be capable of providing two air changes per hour in all guest rooms, dormitories,
habitable rooms and in public corridors. One fifth of the air supply shall be taken
from the outside. In bathrooms containing a bathtub or shower or combination
thereof, laundry rooms, and similar rooms, a mechanical ventilation system
connected directly to the outside capable of providing five air changes per hour
shall be provided. "rhe point of discharge of exhaust air shall be at least 5 feet from
any mechanical ventilating intake. Bathrooms which contain only a water closet
or lavatory or combination thereof, and similar rooms may be ventilated with an
approved mechanical recirculating fan or similar device designed to remove odors
from the air.
(d) hallways. All public hallways, stairs and other exitways shall be ade-
quately lighted at all times in accordance with Section 3312 (a) of the Building
Code.
Sanitation
Sec. 505. (a) Dwelling Units and Lodging houses. Every dwelling unit and
every lodging house shall be provided with a bathroom equipped with facilities
consisting of a water closet, lavatory, and either a bathtub or shower.
(b) hotels. Where private water closets, lavatories and baths are not provided,
there shall be provided on each floor for each sex at least one water closet and
lavatory and one bath accessible from a public hallway. Additional water closets,
lavatories and baths shall be provided on each floor for each sex at the rate of one
forevery additional ten guests, or fractional number thereof in excess of ten. Such
facilities shall be clearly marked for "Men" or "Women."
(c) Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen
shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorb -
cut material shall not be permitted.
(d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to
an approved private sewage disposal system. All plumbing fixtures shall be
connected to an approved system of water supply and provided with hot and cold
running water necessary for its normal operation.
All plumbing fixtures shall be of an approved glazed earthenware type or of a
similarly nonabsorbent material. i
(c) Water Closet Compartments. Walls and floors of water closet compart-
ments, except in dwellings, shall be finished in accordance with Section 511 of
the Building Code.
(f) Room Separations. Every water closet, bathtub or shower required by this
code shall be installed in a room which will afford privacy to the occupant. A room
16 � � 17
601 UNIFORM HOUSING CODE 1988 EDITION 701
Chapter 6 Chapter 7
STRUCTURAL REQUIREMENTS MECHANICAL REQUIREMENTS
General Heating and Ventilation
See. 601. (a) General. Buildings or structures may be of any types of construe- 1 Sec. 701. (a) Heating. Every dwelling unit and guest room shall be provided
tion permitted by the Building Code. Roofs, floors, walls, foundations and all I with heating facilities capable of maintaining a room temperature of 70 °F. at a
other structural components of buildings shall be capable of resisting any and all point 3 feet above the floor in all habitable rooms. Such facilities shall be installed
forces and loads to which they may be subjected. All structural elements shall be and maintained in a safe condition and in accordance with Chapter 37 of the
proportioned and joined in accordance with the stress limitations and design Building Code, the Mechanical Code, and all other applicable laws. Unvented
criteria as specified in the appropriate sections of the Building Code. Buildings of fuel - burning heaters shall not be permitted. All heating devices or appliances
every permitted type of construction shall comply with tie applicable require- shall be of an approved type.
ments of the Building Code. (b) Electrical Equipment. All electrical equipment, wiring and appliances
(b) Sheller. Every building shall be weather protected so as to provide shelter shall be installed and maintained in a safe manner in accordance with all applica-
occupants a gainst the elements and to exclude dampness. ble laws. All electrical equipment shall be of an approved type.
for the, 6 P
(c) Protection of Materials. All wood shall be protected against termite Where there is electrical power available within 300 feet of any building, such
damage and decay as provided in the Building Code. building shall be connected to such electrical power. Every habitable room shall
contain at least two electrical convenience outlets or one convenience outlet and
one electric light fixture. Every water closet compartment, bathroom, laundry
room, furnace room and public hallway shall contain at least one electric light
fixture.
(c) Ventilation. Ventilation for rooms and areas and for fuel - burning appli-
ances shall be provided as required in the Mechanical Code and in this code.
I Where mechanical ventilation is provided in lieu of the natural ventilation re-
quired by Section 504 of this code, such mechanical ventilating system shall be
� maintained in operation during the occupancy of any building or portion thereof.
I
i
i iti I,
i
1
t
t
I
18 19
801 UNIFORM HOUSING CODE 1988 EDITION 901
Chapter 8 Chapter 9
EXITS EIRE PROTECTION i
General General
Sec. 801. Every dwelling unit or guest room shall have access directly to the See. 901. All buildings or portions thereof shall be provided with the degree of
outside or to a public corridor. All buildings or portions thereof shall be provided fire - resistive construction as required by the Building Code for the appropriate
with exits, exitways and appurtenances as required by Chapter 33 of the Building occupancy, type of construction and location on property: arid shall be provided
Code. with the appropriate fire - extinguishing systems orequipr�gt required by Chapter
Basements in dwelling units and every sleeping roorn below the fourth story 38 of the Building Code.
shall have at least one operable window or exterior door approved for emergency
escape or rescue. The units shall be operable from the inside to provide a full clear
opening without the use of separate tools.
I
2010 21
1001 UNIFORM HOUSING CODE
1988 EDITION 001
Chapter 1 5. Members of walls, partitions or other vertical supports that are of insuffi-
SUBSTANDARD BUILDINGS cient size to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports or other horizontal
Definition members which sag, split or buckle due to defective material or
Sec. 1001. (a) (;enteral. Any building orporlion thereof which is determined to deterioration.
Members of ceilings, roofs, ceiling and roof supports, or other horizontal
be an unsafe building in accordance with Section 203 of the Building Code; or any 7. members that are of insufficient size n carry supposed loads with safety.
building or portion thereof, including any dwelling unit, guest room or suite of
rooms or the premises on which the same is located, in which there exists any of 8. Fireplaces or chimneys which list, bulge or settle, due to defective material
the following listed conditions to an extent that endangers the life, limb, health, or deterioration.
property, safety or welfare of the public or the occupants thereof shall be deemed 9. Fireplaces or chimneys which are of insufficient size or strength t1yL
and hereby is declared to be a substandard building, i imposed loads with safety.
(b) Inadequate Sanitation. Inadequate sanitation shall include b it not be (d) Nuisance, Any nuisance as defined in this code.
limited to the following:
. Lack of, or in properwatercloset, lavatory, bathtub (e) hazardous Electrical Wiring. Electrical wiring which was installed in
I stn house. b violation of code requirements in effect at the tittle of installation or electrical
unit or , o
lodging wiring not installed in accordance with generally accepted construction practices
2. Lack of, or improper water closets, lavatories and bathtubs or showers per in areas where no codes were in effect or which has not been maintained in good
number of guests in a hotel. condition or which is not being used in a safe manner shall be considered
3. Lack of, or improper kitchen sink in a dwelling unit. substandard.
4. lack of hot and cold running water to plumbing fixtures in a hotel (f) hazardous Plumbing. Plumbing which was installed in violation of code
5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit requirements in effect at the time of installation or plumbing not installed in
or lodging house. accordance with generally accepted construction practices in areas where no
6. lack of adequate heating facilities. i codes were in effect or which has not maintained in good condition or which is not
free of cross - connections or siphonage between fixtures shall be considered
7. Lack of, or improper operation of required ventilating equipment. substandard.
8. Lack of minimum amounts of natural light and ventilation required by this (g) Iazardous Mechanical Equipment. Mechanical equipment which was
code. installed in violation of code requirements in effect at the time of installation or
9. Room and space dimensions less than required by this code. mechanical equipment not installed in accordance with generally accepted con -
10. Lack of required electrical lighting. struction practices in areas where no codes were in effect or which has not been
11. Dampness of habitable roorns. maintained in good and safe condition shall be considered substandard.
12. Infestation of insects, vermin or rodents as determined by the health t (h) Faulty Weather Protection, which shall include but not be limited to the
offices
following:
13. General dilapidation or improper maintenance. I. Deteriorated, crumbling or loose plaster.
14. Lack of connection to required sewage disposal system. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, founda-
tions or floors, including broken windows or doors.
15. Lack of adequate garbage and rubbish storage and removal facilities as 3. Defective or lack of weat tier protec I ion for exterior wall coverings, includ-
determined by the health officer. ing lack of paint, or weathering due to lack of paint or other approved
(c) Structural hazards. Structural hazards shall include but not be limited to protective covering.
the following:
Deteriorated or inadequate foundations. 4. Broken, rotted, split or buckled exterior wall coverings or rof �f coverings.
1. Defective led deteriorated r inadequate
(i) Fire liazard. Any building or portion thereof, device, apphratus, equip -
2.
flooring or floor supports. ment, combustible waste or vegetation which, in the opinion of the chief of the
3. Flooring or floor supports of insufficient size to carry imposed loads with fire department or his deputy, is in such a condition as to cause a fire or explosion
safet y . or provide a read y to au gment fuel the spread and intensity of Dire or explosion
P
4. Members of walls, partitions or other vertical supports that split, lean, list arising front any cause.
or buckle clue to defective material or deterioration. 0) Faulty Materials of Construction. All materials of construction except
22 23
i
1001 UNIFORM HOUSING CODE
those which are specifically allowed or approved by this code and the Building
Code, and which have been adequately maintained in good and safe condition.
(k) Hazardous or Unsanitary Premises. Those premises on which an accu-
mulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal,
cat harborages, stagnant water, combustible materials and similar materials or
conditions constitute fire, health or safety hazards.
(1) Inadequate Exits. Except for those buildings or portions thereof which
have been provided with adequate exit facilities conforming to the provisions of
this code, buildings or portions thereof whose exit facilities were installed in
violation of code requirements in effect at the time of their construction or whose
exit facilities have not been increased in number or width in relation to anv
increase in occupant load due to alterations, additions or chan in use or
occupancy subsequent to the time of construction shall be considered
substandard.
Notwithstanding compliance with code requirements in effect at the time of
their construction, buildings or portions thereof shall be considered substandard
when the building official finds that an unsafe condition exists through an
improper location of exits, a lack of an adequate number or width of exit, or where
other conditions exist which are dangerous to human life.
(m) Inadequate Fire - protection or Fire - righting Equipment. All buildings
or portions thereof which are not provided with the tire- resistive construction or
fine- extinguishing systems or equipment required by this code, except those
buildings or portions thereof which conformed with all applicable laws at the time
of their construction and whose fire- resistive integrity and fire - extinguishing l e i
systems or equipment have been adequately maintained and improved in relation
to any increase in occupant load, alteration or addition, or any change in occu-
pancy. `
(n) Improper Occupancy. All buildings or portions thereof occupied for ?
living, sleeping, cooking or dining purposes which were not designed or intended
to be used for such occupancies.
1
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'- CITY OF CRY
RESOLUTION 9 �•
RESOLUTION REGARDING- _PQT,ICI - .GUIDELINES FOR
IMPLEMENTATION TION
OF THE HOUSING MAINTENANCE CODE
WHEREAS, the City of Crystal has adopted a policy to
protect the supply of safe and sanitary housing for the
citizens and to prevent the deterioration of existing
housing in the City; and
WHEREAS, the City Council adopted a Housing Maintenance
Code (Chapter 425 of the Crystal City Code) to establish
minimum standards for all residential structures in the
City; and
WHEREAS, the Housing Maintenance Code requires
inspections for all single -and two - family residential
structures in the City at the time they are sold, effective
January 1, 1992; and
WHEREAS, the Housing Maintenance Code requires annual
inspections and licensing for all rental properties in the
City, commencing January 1, 1992; and
WHEREAS, the Housing Maintenance Code requires the City
Council to adopt policies and guidelines relating to the
implementation of the provisions contained in the Housing
Maintenance Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Crystal, State of Minnesota as follows:
1. Procedures for Housina Inspections. All
inspections shall be completed in accordance with
the requirements of the Housing Maintenance Code.
a. Procedures for point of sale housing
inspections shall be: The applicant shall
submit an application and inspection fee to
the City and then the applicant shall
schedule an inspection. As far as
practicable, the inspection shall be
scheduled within 10 working days, unless
requested other -wise by the applicant. The
inspector requires an adult be present for
the inspection unless the structure is
completely vacant and empty of personal
possessions.
a
'After the initial inspection period permitted
in Section 425.13, Nubd. 5, procedures for
rental licensing inspections shall be:
_ All owners of rental property must submit
an application and inspection fee to the
-- _ City at least 90 days prior to the license
expiration date. In the case of initial
licenses for construction of new rental
facilities or when a property converts to
rental property, application must be made
prior to renting the dwelling /unit and
occupancy is not permitted until the license
has been issued. The structure and premises
will be inspected annually. Multiple unit
dwellings will have ,a minimum of 25% of the
units inspected every year, with all units
being inspected within four (4) years. The
inspector requires the owner or a designated
agent (over the age of 18) to be present
during the inspection, unless the structure
is completely vacant and empty of personal
possessions. The Housing Inspector will
notify the owner or designated agent of the
date and time of inspection unless the owner
or agent requests a specific date and time.
2. Maintenance of Information The information on a
property obtained by the Housing Inspector in
performing an inspection becomes part of the file
the City maintains on that property. This
information shall be maintained in accordance with
the Minnesota Government Data Practices Act
(Minnesota statutes, Chapter 13).
3. Occupancy of Structures During Compliance
Residential structures needing work to comply with
the Housing Maintenance Code may be occupied while
the structure is brought into compliance, with the
approval of the Housing Inspector. Occupancy may
be permitted only if compliance items do not pose
an
Immediate threat to the health and safety h n f t of
Y
the residents. In cases where occupancy is not
permitted, the Housing Inspector shall give
appropriate notice as specified in Section 425.25
that the structure or unit are not habitable and
the reason for such notice. The structure or unit
may not be occupied until such time as the Housing
g
Inspector issues a Certificate of Compliance, or
determines the property to be habitable.
4. Correction of Deficiencies The Housing Inspector
shall encourage correction of deficiencies by any
one or combination of the following:
a. Allowing reasonable time to repair
the deficiencies;
b. As provided in Section 425.12, Subd. 4,
allowing an alternative to the
Certificate of Compliance by
allowing owners to provide to
prospective buyers a disclosure of
the conditions which need to be
corrected; allowing the buyer to sign a
disclosure statement agreeing to make
the necessary corrections after the
sale, and allowing the buyer adequate
time to repair those deficiencies; or
C. Other measures as may be deemed
appropriate by the Housing Inspector.
5. These policies are intended as general guidelines
and may be modified from time to time by the
Housing Inspector with the approval of the City
Manager as such modifications are determined
necessary in particular cases.
Adopted this 16* day of 1992.
May
ATTESTED TO:
z Z+J� '-�L
City Clerk
ALN : j t
City
of
St. Louis Park
Section 15 -331 , Application; Inspection Application for the
Certificate of Housing Maintenance Compliance shall be upon forms
furnished by the City. Upon receipt of a properly executed
application for a Certificate of Housing Maintenance Compliance,
the City Manager shall cause an inspection to be made of the
premises to insure the structure is in compliance with the
requirements of the Ordinance Code. The requirements which must
be satisfied in order to obtain a Certificate are provided in
said Ordinance Code.
(Sec. 15 -311 renumbered to 15 -331 bu Ord. 1492, 1119181; cnended
by Ord. 1602, 7118183)
Section 15 -332. Issuance of Certificate:of Housinq Maintenan
Compliance "Certificate"
(1) If the single- or two - family structure is in compliance with
the requirements of the Ordinance Code, a Certificate shall
be issued to the present owner, occupant or agent which
shall state that the structure has been inspected and is in
compliance with the requirements of said Code. The present
owner, occupant or any agent designated by the present
occupant or owner shall obtain the Certificate. During the
period of one year following its issuance, a Certificate may
be accepted by the City in satisfaction of the requirements
of Section 15 -330 without the need for a second inspection.
If the City finds that the circumstances of occupancy
following the issuance of a Certificate involve possible
substandard maintenance or abnormal wear and tear, a
new inspection may be required in order to satisfy the
requirements of Section 15 -330.
D
October 1990 747.1
( 2; The Present o%vier, occupan t or the i r des i gna ted agents
shall obtain a copy of the Certificate from the City prior
to sale or transfer of title or change of occupancy. The
proposed buyer or the prospective occupant shall not take
occupancy of the dwelling unit prior to issuance of a
Certificate except pursuant to Section 15- 332(3).
(3) A person may be granted a Certificate of rousing
Maintenance Compliance prior to completion of required
work by obtaining a Statement of Intent to Comply for
items not completed prior to charge of ownership or
occupancy if approved by the Director. The approval
of the irec� - * _ c
D___ nor o.: inspections for a Stat,.zen � of
Intent to Comply shall be limited to inability of a
seller, buver or other person to. complete work that
could be impeded by inclement weather such as roofing,
painting, concrete work and other outside work or the
seller not having the financial resources to complete
the work prior to the receipt of the proceeds from the
sale of the property. Statements of Intent to Comply
shall not be issued for time constraint problems or
the buvers desire to do the work. No occupancy of. any
duelling unit shall be permitted if any violation or
problem constitutes an i: hazard as defined in
Section 15 -314. A Statement of Intent to Comply shall
list all required work and the correction dates by
which the required work must be completed. in the
event the seller fails to complete the required worn
( or_ or before the date set fort on the St atement of
intent to Comply, the buyer shall have 30 days from
said date_ to compl t re quired work. a? l the Of
the buyer to complete the required work - wit ^ir. the
e ti ^e set forth herein, shall be a violation
of t -le St. Louis Park Ordinance and a mi sdemeanor.
The City shall impose a. fine in the amount of 5250.00
against the buyer for failure to complete the required
work'. The fine shall be paid from the security
decosited in the escrow. The sel ler, the buyer or
other person must use licensed contractors for
required work where applicable as provided by State
Law and elsewhere in the City Ordinance Code. - he
seller, t: ^.e buyer or other person. also shah obtain
bids from two responsible _licensed contractors for
electrical, plumbing, and mechanical work. The
seller, the buyer or other person shall notify the
Departnnent of Inspections on or before the correction_
r3aie or eztenslon thereof a s provided Ilereli, '"hat f_n
` has
word been completed and is ready for
re inspection. Failure to no the Departure ^t of
inspections shall constitute a violation of the City
Ordinance Code Section 203 -3, as may
be amended -From
time to tinne, and is a misdemeanor.
(Sec. 15- 332(3) w ?rc2 by or- _ -00, 8120190)
August 1900 '
74g
(4) Escrcw and -sc=ow Agreements. The Seller, te bnu: -e_= or
of her person shall provide rpor ies in escrow to cover anv
recuired work in a Statement of Intent to Comp `
Comply orior_o
issuance 0 the Cartificate 0f Housing Malatenance
Compliance. The amount of escrow shall equal l 1/2 tines
the average of two bids from two responsible licensed
contractors Ear 'the work listed on the State -ment OF 'Intent
to Comply, Pius a security of $250.00 in' the event the
seller, buyer or other person fails to complete the work as
Provided in Section. 15'- 332(3). The escrow agreement shall
contair_ a provision allowing the City to demand payment of
the security, upon written_ notice to the escrow company.
(a) If the required bids cover various types of work
by a general contractor the bids shall be emplicit in
their coverage of the work listed on the Statement of
Intent to Ccmply. The Director of inspections may
reject any and all bids and require new bids in order
to establish the required amount of money to escrow.
The seller, buyer or other person shall have the
responsibility to secure all bids and present such
bids to the Director.
(b) The seller and buyer shall agree to the amount or
escrowed monies by the affixing of their sianature to
the Statement of Intent to Comply and the escrow
agreement. The seller, the buyer or other person
shall make any and all arrangements to establish the
escrow of monies. The statement of Intent to Comply
shall not be issued until the seller, buyer or other
person_ has provided the Director with proof the
required funds have been escrowed.
(c) The City does not assume anv responsibility or
liability if the escrowed funds are not sufficient to
cover the costs of all recuired work.
(d) Such- escrowed monies shall be held by an escrow
company or other place conducting such business. The
escrow company shall not release any money to any
contractor or to the parties of the escrow agreement
prior to receipt of written verification from the City
that the required work has been como_leted
satisractarily. Suth verification shall be on forms
provided by the Cite and signed by the Director or his
designee.
(Sec. 15- 332(4) added by Ord. 1837 -90, 8/20/90)
August 1990 ' 748
(5) Responsibility of Seller, Buyer or Other Person. The seller
and the buyer or other person shall be required to sign the Statement
of Intent to Comply and shall be held equally responsible for the
required work and other requirements under the Statement of Intent
to Comply and the escrowed monies under the escrow agreement. The
parties shall be held equally responsible for completion of all
required work by the correction dates established . in the Statement
of Intent to Comply or extension thereof pursuant to Section
15 -332, Item 3, hereof. Failure to complete the work by the correction
date specified in the Statement of Intent to Comply, or extension
thereof, shall be a violation of the City Ordinance Code and a misdemeanor
fine shall be imposed as set forth in Section 15 -332, Item 3, hereof.
(Sec. 15- 332(5) added by Ord. 1837 -90, 8120190)
(6) Any failure by the owner, occupant, designated agents or any
other person to comply with the requirements of St.. Louis Park
Housing Code shall constitute a violation of the City Ordinance
Code and be a misdemeanor.
(Former Subsec. 4 renumbered 6 by Ord. 1837 -90, 8- 20 -90)
(Sec. 15 -312 amended by Ord. 1429, 1116178 & Ord. 1444, 719179;
renumbered to 15 -332 & amended by Ord. 1492, 1119181; amended by
Ord. 1602, 7118183)
(Sec. 15 -313 "Filing of Certificate" renumbered 15 -333 by Ord. 1492,
1119181; repeaZed by Ord. 1602, 7118183)
(Sec. 15 -314 "Review of Ordinance" repeaZed by Ord. 1429, 1116178)
May 1991
74 ° -
Housing Code Compliance Inspection Program
Crty of St. Louis Park
5005 Minnetonka Boulevard, St. Louis Park, MN 55416
924 -2588
Why Are Housing Inspections Required?
Housing inspections have helped improve the safety, general appearance and overall maintenance of homes
in St. Louis Park since the program was initiated in 1972.
When Is An Inspection Required?
One and two-family homes must be inspected when either ownership or occupancy is going to change. In
other words when
ah
home will be sold or rented. The initial housing inspection must be c
seller can accept a purchase agreement. g p completed before a
Step By Step, What Happens?
When a home is being sold:
1. Either the homeowner or owner's agent comes to City Hall and pays the $50 application fee. At that
time, the owner or agent is given a list of licensed private housing inspectors.
2. The owner hires a licensed private housing inspector to conduct the initial code compliance inspection.
(You
9 must use one of the people on the City's list of licensed private inspectors.) The owner pays the private
ctor whatever fee they agreed upon. -
I If the inspector finds no housing code violations, the owner is given a Certificate of Housing Maintenance
Compliance and receives a $25 refund on the City's application fee.
s the housing inspector finds any code violations, work orders are issued. After the owner makes the
necessary repairs or corrections, the City housing inspector does a follow -up inspection to verify that all
repairs have been completed and meet City code. Once corrections are made, a Certificate of Housing
Maintenance Compliance is issued.
When a home is being rented:
. The owner comes to i
C tv
Hall � o
and pays the $�� application P , , p cation te...
2. The City housing inspector inspects the home. If no violations are found, the owner is issued a Certificate
�f Housing Maintenance Compliance.
If violations are found, work orders are issued. After the owner makes the necessar" repairs, the City
inspector returns to verify that all corrections have been completed and meet City code. Once corre ctions
are made, a Certificate of Housing Maintenance Compliance is issued.
What Does The Inspector Look For?
*.Upector checks the condition of the roof from the gr d oun an l
�d windows, exterior paint or covering electrical syste ' d vi inspects the foundation, doors
{stem. The inspector also makes sure that stair handrails and smoke detz ors are p res ent . eating /cooling
Housing inspectors follow an objective checklist of criteria from the Minnesota uniform Housing
Maintenance Code, Minnesota Building Code, National Electrical Code, and State Plumbing and
Mechanical Codes.
A house must comply with the codes that were in effect at the time the home was constructed. Correction
must be made if the deficiency was a violation of the code when the home was built or if the deficiency pos MW
a safety hazard. Life- safety hazards must be corrected, even if the deficiency was not a code requirement
when the home was constructed. Many items, such as ceiling heights, floor area and window size, are exempt
from the code if they are considered "built -in deficiencies" and do not present a safety hazard.
Is A Certificate Of Compliance A Warranty?
No. This is only a visual inspection designed as a public service to improve the overall housing quality in St.
Louis Park. Housing inspections are not intended for the specific benefit of any individual buyer, seller or
renter. The code compliance certificate does not constitute any representation, guarantee or warranty about
the building's condition. The housing inspector does not assume any responsibility or liability in connection
with the housing inspection.
How Much Does An Inspection Cost?
When a home is bein g sold:
There is a $50 application fee paid to the City of St. Louis Park for the Certificate of Housing Maintenance
Compliance If no housing code violations are found, the City will refund the homeowner $25. In addition to
the City's fee, the owner must pay for a licensed private housing inspector to conduct the initial housing
inspection. This fee is not set by the City; it is a transaction entirely between the owner and inspector.
When a home is being rented:
There is a $35 fee paid to the City of St. Louis Park for the Certificate of Housing Maintenance Compliance.
A City housing inspector- -not a private inspector -- conducts rental property inspections. There is no
additional fee paid to other inspectors; however, no refund is available if no violations are found. (There is a
r because ° often
diffe rate structure f r rental roe changes occupancy an�
more
or ren property owners oecause pro rty b p
than homes are sold.)
What About Repairs?
Repairs must be made before the closing or change of occupancy. If you own and occupy the home, you may
do the work yourself. Or, you may hire someone to make the recairs for you. All repairs must meet City
code. Code violations must be corrected even it the home does not sell and is talken off the market. Before
be ginnin g the work, please check with the Inspections Departme::t to see if a oer—nit is needed. When
repairs are completed, call 924 -2588 for a rei.nspection.
Can 1 Appeal A Work Order?
Yes. If you have a question about a work order issued by a private housing iryspec or, call that individual for
clarification. If the private inspector doesn't answer the question to your satisfaction. then call the City
Housing Inspector at 924 -2590 The best time to reach the City inspector is berxeen & and 9:15 a.m. on
weekdays.
f
U, aver discussing t:'�e matter with the City inspector, the issue is not r --solved, you may appeal the work
order. Decisions are appealed to the Assistant Direor of Inspections . Ail a pe is must be in writing and
forwarded to the Assistant Director of Inspe c`io s at City ;~:all. 'The appeal should cite the work order in
question, the Code requirement the work order relates to, and the reason for your appeal.
1 CITY OF Pa of
T. LOUIS
PA ( ARK
5005 Minnetonka Boulevard, St. Louis Park, MN 55416
In of Compliance
Inspection for Certificate p
Housing Inspection Program
Instructions Housing inspectors shall complete this form accompanied by appropriate work orders. One copy must be given to the homeowner or homeowner's
agent, and one copy provided to the Department of Inspections, City of St. Louis Park.
Owner(s): Date:
Address:
Homeowner or homeowner's agent: please read carefully
Housing inspections are required by the City to aid in improving and maintaining the overall condition of housing in St. Louis Park. Housing inspections are not
intended for the specific benefit of any individual buyer, seller or renter. The housing inspection conducted herein does not constitute any representation,
guarantee, or warranty to any person as to the condition of the buildings inspected. The housing inspection does not indicate compliance with any inspection or
program, other than that of the City of St. Louis Park. The City does not assume anv responsibility or liability in connection with the inspection and issuance of the
Certificate of Housing Maintenance Compliance The housing inspector will conduct only a visual inspection of the premises; for example, an inspector will make
only a ground level visual inspection of the roof and a visual examination of the heating system. Buyers, sellers and renters are encouraged to obtain their own
comprehensive inspection of houses prior to any sale, purchase or rental of residential property. If you have any questions about an inspection done by a private
housing inspector, please call the inspector at the phone number listed by that person at the end of this report. If you have a question that the private housing
inspector cannot answer or concerns about an inspection done by the City, please call the St. Louis Park Department of Inspections at 9242588.
Complies
vusing Maintenance Item: With Standards? Comments Concerning Item Number:
Yes No
Exterior:
1. House and garage numbers
2. Foundation, drainage, gutters
3. Fascia, soffit, roof
4. Steps, handrails, guardrails, porches, decks
5. Masonry chimneys, transite chimneys, liners
6. Windows and doors (frames, storms, screens)
7. Lawn sprinkler system protection
S. Clearance of electrical wires, fixtures, etc.
9. Lock on A/C disconnect box
10. Sidewalks, accessory buildings
Garage:
11. Roof, walls, floors: structural condition
12. E'.ectrical outlets, wiring, fixtures
13. attached garage: fire separation
' .Sement:
Lairs, handrails, swing of door at steps
15. Foundation /slab, standing water
16. Floor system, columns, beams
17. Sleeping room(s): egress
Page of
Complies
Housing Maintenance Item: With Standards') Comments Concerning Item Number:
Yes No
Bedrooms:
49. Walls, ceilings, floors, windows
50. Electrical outlets, wiring, fixtures
51. heat source
Additional Requirements:
52. Smoke alarms
53. Swimming pools, whirlpools, hot tubs
54. Legal occupancy and use
55. Water well abandonment
56. Other
If a residential structure violates any provision of the St. Louis Park Housing Code, a Certificate of Housing Maintenance Compliance will not be issued. The owner
may seek approval to use a Statement of Intent to Comply — accompanied by an escrow of money —if one or more items on the work order cannot be completed and
the homeowner meets the hardship requirements of City Ordinance. For more information, discuss this with the housing inspector or call the Inspections
Department of the City of St. Louis Park at 924 -2588. If the inspected structure does not meet the provisions of the St. Louis Park Housing Code, the items on the
work order are required to be completed whether or not a Certificate of Housing Maintenance Compliance is issued.
I hereby certify that this report is made in compliance with the St. Louis Park Housing Code and that I utilized care and diligence, reasonable and ordinary, in
conducting this inspection. This report covers only thou problems listed and reasonably visible at the time of my evaluation and does not warrant future usefu
of any house component or fixture.
Signature of housing inspector Inspector's phone number Date
Housing Inspector's Name (PRIM' NA.tifE) A reinspection is: required not required.
Reinspection
If a reinspection is required, it will not be made until all of the violations listed on this form have been corrected. The inspector performing the reinspection will not
issue a certificate of compliance until all violations have been resolved in accordance with the St. Louis Park Housing Code. To schedule a reinspection after all
corrections have been made, please call the St. Louis Park Department of Inspections at 9?.4-258
Housing inspector. Date of Compliance:
Form Issue Date: 12 -1992
Pa ' Of
Complies
Housing ilaintenance Item: With Standards? Comments Concerning Item Number:
Yes No
ctrical:
18. Sizc of service, grounding, fustat fuses
19. 20 AMP laundry and kitchen circuits
20. Box covers, wiring, pendants
21. Appliance receptacles, extension cords
Heating and Gas Piping:
22. Heating plant condition
23. Soldered gas lines, flex -line,
condition of gas valves
24. Flues, diverters, clearances
25. Chimney condition, fireplaces,
hearth extension
26. Auxiliary heat sources, woodbuming stoves
27. Condition of water heater, venting
28. Pressure and temperature relief valve,
drop leg
29. Condition of gas shut -off valve
PIumbing:
30. Waste, vent of fixtures
31. Piping, cleanouts, plugs
Backtlow preventets, sumps /covers
Ag tchen:
33. Walls, ceilings, floor, windows
34. Electrical outlets, wiring, fixtures
35. Plumbing fixtures - waste, venting
36. Water pressure and flow
37. Flex gas line and gas piping
38. Kitchen counter
Living and Dining Rooms: 1
39. Walls, ceilings, floors, windows
40. Electrical outlets, wiring, fixtures
41. Fireplaces, woodburning stoves, space heaters
Hallways and Stairs:
42. Walls, ceilings, floors, windows
43. Stairs, guardrails
Bathroom(s): f
44. Walls, ceiling, floors, windows
45. Electrical outlets. wiring, fixtures
Alk"Vater pressure and flow
W entilation
48. Plumbing fixtures - waste, vent,
anti- siphon ballcocks. shut -off valves
Address: Page of
i
Date Department of,inspections
RECEIPT NO.
FEE PAID:
CODE NO. 3239
A P P L I C A T I O N O N L Y
FOR
CERTIFICATE OF HOUSING MAINTENANCE COMPLIANCE
I hereby request an inspection for a Certificate of Housing Maintenance
Compliance to meet St. Louis Park Housing Compliance Standards. This
residence, in the City of St. Louis Park, is a single /double family unit.
Address to be Inspected:
Present Owner's Name: Phone No.
Address: City: Zip:
Realtor's Name /Company: Phone No.
Address: City: Zip:
I certify that I am the owner /agent and that the statements
contained herein are true and accurate in all respects to the
best of my knowledge and belief.
Signature of Applicant: Date:
This Certificate of Housing Maintenance Compliance should be sent to:
Name: Address:
---------------------------------------------------
FOR OFFICE USE ONLY
-------------------------------------------------------
Inspection Date: Inspection Time:
Sale of Owner Occupancy Change of
Occupied Property Rental Property
F7 Sale of Rental Property
Certificate of Housing Maintenance Compliance:
Date Issued: No:
CITY OF
Jlr l,P�ARK T. LOUIS
Certificate of Housing Maintenance Compliance
Site Address:
Certificate Number:
Final Inspection Date:
To:
This is to certify that the above noted property has been inspected and is in compliance
with the applicable codes and ordinances of the City of St. Louis Park insofar as has been
determined by a visual inspection of the property and a review of City records.
Housing inspections are required b the City to aid in improving and maintaining th
Q Y ty P g a g e
overall condition of housing in St. Louis Park and are conducted as a public service. A
housing inspection is not intended for the specific benefit of any buyer, seller or renter.
The housing inspection conducted pursuant to sale or change of occupancy of this property
does not constitute any representation, guarantee, or warranty to any person as to the
condition of the property inspected. The housing inspection does not indicate compliance
with anv inspection or pr
other than that of the City f St. Louis Park
P C o
J
The City does not assume any responsibility or liability in connection with the inspection
addressed herein and issuance of this Certificate of Housing Maintenance Compliance.
The legal occupancy of the principal structure is a family unit.
Issued By:
Issuance Date:
The t itti tnav approve this Certificate for a peri:xl of ,:.,ne year from the date of issuance pursuant
to ect:cn 15-332 of t:i:: Si. Louis Park Ordinan;. ('_ dc.';
Park. M;nnetota
Minneapolis
Area
Association
of
Realtors
INFORM
ION
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Association has spent considerable neighboring homeowner to make any
time and effort reviewing time of sale improvements.
A primary concern of the housin ins ection ordinances both
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Minneapolis Area Association of truth in housing disclosure and manda- By taking this Position, the Association is
REALTORS® is a healthy housing tory code compliance. not suggesting that homeowners don't
stock. This is especially true at a maintain their homes. Obviously the well
time when the majority ofhousing Housing studies completed by the Metro maintained home is worth more at sale
in our cities and innerring s politan Council result in several signifl- time and it enhances the value of the
g uburbs cant demographic conclusions ... the neighboring properties. The Association
shows increasing signs of age. area population will grow older, house - is suggesting strongly that cities should
However, the Association does not hold and employment growth will slow, not connect housing maintenance to time
believe that requiring code com- non - traditional families will form the of sale because it discriminates against
pliance at the point of sale will majority of new households... a large those homeowners who want to sell.
effectively assist a community in decrease in the age 20 -34 prime home
maintaining a healthy, affordable buying population will result in an aver- Rather than center the municipal
housing market. Point of sale in- age of 7,000 new households formed inspection process at time ofsale. itshould
spections affect only the small annually during the 90's, less than half use other ways to ensure a healthy
percentage of houses that are sold the annual rate of the 80's. housing stock. Responding to individual
each year (3 to 5 percent in most complaints about problem properties,
areas). Most problem houses are The aging of housing stock, especially in conducting general inspections of the
( not for sale at any given time. To Minneapolis and inner ring' suburbs exterior of properties neighborhood by
increase its effectiveness, a mu- has led several city councils and plan- neighborhood and requiring that health
j nicipality should direct its efforts ning commissions to consider ways to and safety violations be corrected, and
'AW problem properties, rather maintain their housing. Some munici- setting up revolving loan funds to assist
only focus on point of sale palities have approved ordinances re- homeowners who can show they don't
inspections. quiring inspection and repair of 1 -2 fain- have the financial ability to pay for
ily homes at the time of sale, either by a mandated repairs are three ways to
This can be accomplished by gen- city inspector or an independent inspec- address local housing maintenance
eral inspection sweeps of housing for hired by the seller. problems.
exteriors, responding to individual
complaints about problem prop - This is where the Association objects. The Association does favor the use of
erties, and setting up a revolving Only a small percentage of homes in any truth in housing procedures at time of
loan fund to assist homeowners community are "for sale" at any time, sale. In this procedure, a municipality
with city maintenance require - usually about 3 0 hr -5 %, showing it takes requires that an independent truth in
meats resulting from these in- 20 to 30 years to inspect all pry ,per ties at housing evaluator be hired by the seller
spections. Homeowners would time of sale. Most homes that may not be to conduct an inspection of the interior
need to qualify or these loans and in compliance are not for sale and cites and exterior �Y n r of the property and file a
�
could repay them when the prow- must use sting health and safety: or- written report stating any property de-
et•ty is sold unless the homeowner dinances to bring them into compliance. fects. The report must be made available
continued to live in the property to all potential buvers when they review for a specified time before selling ! Time of sale ordinances in the property. This disclosure report pro-
the property homeowners when they are most TW- vides valuable information to the buver
nerable. Municipaliti al
es with time of sale when an offer is made.
If a municipality determines etennines there ordinances often imply that home sellers
is a need for a point of sale inspec- can use a portion of their equity to pay for The Association also believes that if spe-
tion program, the Association any needed repairs. In today's housin, cific health or safetvviolations are found
recommends that it be a truth in I market, and perhaps throughoutthe 90's. b the independent evaluator, these re-
housing report by a certtfled pri- if the Metropolitan Council housing sta- Pairs should be made by the seller or the
vate inspector with mandatory tistics are correct, home sellers may have buyer at time or sale.
repairs for health and safet haz- little equity buildup in their homes, un-
ards identified at the time of in- I less they were purchased a number of
motion. Either the seller or the years ago. This places sellers in adifficult T ime of Sale Housing Inspections
er could pay for these required position. (Prepared: December 1992)
..pairs at the time of sale. If this Iruormation Source is pr= r..d."orrn=bea i ation
proved to be a hardshi the party ( The unfairness is obvious, especially to
P' and education by the Niinreapods .Ares Association of
agreeing to make the repairs would i the seller who has a neighbor who has RE.ALTOASa. white a contents of Informat
be given a specified period of time ( not maintained his or her home, but Source are dew led re iscle Lhe information is neither
to do so. because it is rOC i0 Sale. Chances are guaranteed nor :melded to .act as legal advice.
siim that the city rill . e^uire :he
B.G
MINNEAPOLIS AREA TIl1�IE OF SALE HOUSING INSPECTION PROGRAMS
Crystal - Mandatory Code Compliance: The city of Crystal adopted an ordinance effective
January 1. 1992 requiring an inspection of all dwelling units at time of sale by the city
housing inspector. "Dwelling Unit" is defined as a single or two family property, a duplex,
CZTr*YCX4Yn J( a condominium, or a townhouse. It is unlawful in Crystal for an owner to convey a dwelling
_n!F without providing the buyer a certificate of compliance or a disclosure statement at time of
sale.
The certificate of compliance issued by the Crystal housing inspector indicates that the
property has been inspected and any conditions found in violation of city code have been noted. The owner
is responsible for the corrections required by the compliance order.
As an alternative procedure, the owner may provide the prospective buyer at the date of execution of any
document conveying the property, a written disclosure statement stating the conditions in the property that,
if not corrected. will constitute a major structural defect or an immediate health and safety hazard. In this
instance, the buyer is presumed to have purchased the property with notice of this condition and is
responsible for the corrective actions required by the ordinance. Call 537 -8421 for more information.
Hopkins - Truth in Housing Disclosure (life threatening items must be repaired): Hopkins
has a time of sale housing inspection ordinance requiring a truth in housing disclosure report
} j to be completed by an independent truth in housing evaluator. The ordinance requires
{' inspection of all one to four unit dwellings including condominiums and townhouses. The
Truth in Housing Disclosure Report must be available for review whenever the property is
CITY OF HOPKINS offered for sale.
The ordinance does include a section, Mandatory Correction of Hazardous Items. Items
listed in this section must be corrected if noted on the disclosure report. These hazardous items are related
to gas piping, water heaters, furnaces, gas fired appliances, free standing space heaters, venting systems,
ungrounded electrical fixtures, and rooms being used as bedrooms without proper egress.
By including this section, the Hopkins ordinance combines truth in housing disclosure for most items
with code compliance and mandatory repairs for life threatening items. For information, call 935 -8474.
1 Minneapolis - Truth in Housing Disclosure: The Minneapolis truth in housing ordinance
has been in effect since December 1. 1975. The purpose of this ordinance is to inform the
buyer and seller of a home, prior to the time of sale, of any major structural defects or
minneapoiis hazards to the health and safety of the occupants. This is a disclosure ordinance and not
city of 1akz5 code enforcement.
The Truth in Housing requires that the seller of single and two family dwellings and
to in the City of Minneapolis provide either a Truth in Housing disclosure report
or a certificate of Code Compliance to the purchaser of the home prior to time of signing a purchase
agreement. Condominiums and sales of new units are exempt. The truth in housing report must be prepared
by a certified truth in housing evaluator, generally hired by the seller. The ordinance requires that the
completed truth in housing evaluation, the certificate of code compliance, or the orders resulting from a code
compliance inspection be available for inspection at the premises at all times when the dwelling is being
offered for sale. The fee for the truth in housing inspection is negotiated between the seller and the evaluator.
A new disclosure report, certificate, or orders resulting from a Certificate of Code Compliance inspection
shall be required for each change of ownership at time of sale. For more information call 673 -5828.
Hope adopted a
Y New Hope - Mandatory Code Compliance: In January of 1978. New Hop p
p� P ry P
Dwelling Maintenance Occupancy Code. This ordinance covers every building and acces-
sory structure in the city. No structure shall be required to exceed the minimum standards
y 4, contained in the Building Code effective and applicable at time of its construction.
tc+� HO Q An inspection is ordered on owner occupied residential units on all classes of property
at the point of sale.
Whenever the Director of Protective Inspections determines that any building fails to
meet the provisions of this ordinance. he may issue a Compliance Order setting forth the violations of the
Ordinance and ordering the owner / occupant to correct such violations within 60 days. or before closing,
whichever is first.
It is unlawful for an owner / occupant to take occupancy unless the provisions of a Compliance Order
have been fully met. or unless the new owner / occupant is given a receipt of the compliance order. It is then
the new owner/ occupant's responsibility to respond to the compliance order. It should be noted that any
deficiencies must be corrected. New Hope requires a new certificate to be issued whenever a property in the
city is sold. For more information call 331 -5127.
MINNEAPOLIS AREA TIME OF SALE HOUSING INSPECTION PROGRAMS
Richfield - Mandatory Code Compliance: In 1989 Richfield approved a housing
maintenance ordinance which requires that all single family homes and the owner/
occupied portion of 2- family homes obtain a Certificate of Housing Maintenance Compli-
ance and be inspected by Richfield city inspectors at the time of sale.
A city inspector will conduct an inspection of the property. Appointments will be made
with owners in advance so that closing dates are not affected.
If violations exist at the time of inspection, a notice will be given to the owner indicating
the areas that are to be corrected and the timeframe in which this is to be accomplished. A follow -up
inspection will be conducted and a certificate of housing maintenance compliance will be issued if the
violations have been corrected.
A prospective owner shall not occupy the structure prior to the issuance of the certificate except in
extraordinary or exceptional circumstances.
During the period of one year following its issuance, a certificate may be accepted by the city in
satisfaction of the requirements without the need for a second inspection unless alternations and remodeling
have occurred which would warrant reinspection.
An application must be completed whenever a single family home or owner /occupied portion of a 2-
family home is to be sold. This application is to be completed and mailed back to the City with the appropriate
license fees as soon as the closing date has been set. An item -by -item specification booklet is available at
the Inspection division, for a nominal fee, to help explain the criteria that the inspector will use during the
inspection. For more information contact the Inspections division at 861 -9800.
St. Louis Park - Mandatory Code Compliance: The oldest of the inspection ordinances
is the St. Louis Park Housing Code Compliance Inspection Program, taking effect in
CITY OF 1972. This ordinance applies to all single and two family units, townhouses and
ST. LOUIS condominiums. The present occupant or owner must make application for the certificate
PARK of Housing Maintenance Compliance. One and two- family homes must be inspected
when either ownership or occupancy is going to change. In other words, when a home
will be sold or rented. The initial housing inspection must be completed before a seller
can accept a purchase agreement.
When a home is being sold: Either the homeowner or owner's agent comes to City Hall and pays the
$50 application fee. At that time, the owner or agent is given a list of licensed private housing inspectors.
The owner hires a licensed private housing inspector to conduct the initial code compliance inspection. (You
must use one of the people on the City's list of licensed private inspectors.) The owner pays the private
inspector whatever fee they agreed upon. If the inspector finds no housing code violations, the owner is given
a Certificate of Housing Maintenance Compliance and receives a S25 refund on the City's application fee.
If the housing inspector finds any code violations, work orders are issued. After the owner makes the
necessary repairs or corrections, the City housing inspector does a follow -up inspection to verify that all
repairs have been completed and meet City code. Once corrections are made, a Certificate of Housing
Maintenance Compliance is issued.
When a home is being rented: The owner comes to City Hall and pays the $35 application fee. The City
housing inspector inspects the home. If no violations are found. the owner is issued a Certificate of Housing
Maintenance Compliance. If violations are found, work orders are issued. After the owner makes the
necessary repairs, the City inspector returns to verify that all corrections have been completed and meet City
code. Once corrections are made, a Certificate of Housing Maintenance Compliance is issued.
A house must comply with the codes that were in effect at the time the home was constructed.
Corrections must be made if the deficiency was a violation of the code when the home was built or if the
deficiency poses a safety hazard. Life -safety hazards must be corrected, even if the deficiencv was not a code
requirement when the home was constructed. Manv items, such as ceiling heights. floor area and window
size, are exempt from the code if they are considered "built -in deficiencies" and do not present a safety
hazard.
The Certificate of Housing Compliance is not a warranty. This is only a visual inspection designed as
a public service to improve the overall housing quality in St. Louis Park. Housing inspections are not
intended for the specific benefit of any individual buyer, seller or renter. The code compliance certificate does
not constitute anv representation. - uarantee or warranty about the building's condition. The housing
inspector does not assume any responsibility or liability in connection with the housing inspection.
Repairs must be made before the closing or change of occupancy. If you own and occupy the home, you
may do the work yourself. Or, you may hire someone to make the repairs for you. All repairs must meet City
code. Code violations must be corrected even if the home does not sell and is taken off the market.
If the structure complies with the housing code, the city manager will issue a certificate to the present
owner or occupant. This certificate is then filed with the city. The prospective buyer or tenter shall not take
occupancy of the dwelling before the certificate has been filed with the city. The Certificate of Housing
Maintenance Compliance is valid for one year from the date of issuance. For more information call 924 -2588.
i
123
THE PUBLIC DUTY DOCTRINE
A common claim against a city is that it negligently inspected
something and as a result of that negligence, someone sustained
damages because of the failure to detect certain defects. Cities
in Minnesota have been found iab
not to be liable for negligen t
inspection under THE PUBLIC DUTY DOCTRINE Basically, this
doctrine states that a city would not be liable for negligent
inspections if the city only owed a general duty to the person as
compared to a private duty.
The leading case in Minnesota on the question of duty owed by
cities for negligent inspection or negligent failure to inspect is
Cracraft v. City of St. Louis Park 279 N.W.2d 801 (Minn. 1979).
In Cracraft the Minnesota Supreme Court distinguished public
duty and private duty. A public duty is one that a city owes to
everyone whereas a private duty is one owed to a P articular
individual. 279 N.W.2d at 804. Under the public duty /private duty
analysis a city would not be liable for situations where it owed a
public duty but it could be held liable if it can be proven that it
assumed a special or private duty to the particular person who
suffered an injury. Id. The court reasoned that building codes
and ordinances are adopted for the general public and that the duty
of a city to assure that third parties comply with the law does not
create a special duty to an individual resulting in liability.
Id.
In Cracraft the court held that the city was not liable
for negligence in its fire inspection of a school because it did
not owe a private duty to the particular individuals who were
i29
injured by an exploding 55- gallon drum of duplicating fluid.
279 N.W.2d at 808. The fact that the city had passed a fire code
and conducted inspections did not mean it assumed any duty to those
individuals. Id. at 804. The court reasoned that, ~. . .general
duties owed to the entire public rather than a specific class of
persons cannot form the basis of a negligence action."' Id.
Cracraft outlined four factors to be considered in determining
whether a private duty is created by governmental inspection:
I. Actual knowledge of the dangerous condition;
2. Reasonable reliance by persons on the municipality's
representations and conduct (reliance on the
inspection in general is not sufficient but the
reasonable reliance must be based on specific
actions or representations which cause the person to
forego other alternatives of protecting themselves);
3. A duty of care may be created by an ordinance or
statute that sets forth mandatory acts clearly for
the protection of a particular class of persons
rather than the public as a whole; and
4. Municipal action increasing the risk of harm.
It has been held that a special duty could only be created if
the state had actual knowledge of a violation of law constituting a
dangerous condition. Haoe v. Stade 304 N.W.2d 283 (Minn.
1981). There also would be a private duty if the city owned and
operated a facility. Lorshbough v. Township of Buzzle 258 N.W.2d
96 (Minn. 1977). Another example where it was held that there was
a special duty was when the city inspector helped to design a
particular floor plan or system. Gilbert v. Billman Constr. Inc.
371 N.W.2d 542 (Minn. 1985). As stated in Hoffert and restated
in Cracraft building codes and building = nspecticns are designed
2
130
to protect the public and thus cannot be the basis of a negligence
action. 293 Minn. at 223, 199 N.W.2d at 160, 279 N.W.2d at 803-04;
304 N.W.2d at 286 -87.
In the enactment of laws designed to protect public safety, a
governmental unit does not undertake to perform specific tasks, it
attempts only to compel others to do so. As one of the means of
enforcing that purpose, it may direct its officers and employees to
perform an inspection function. The failure of a city's officers
or employees to perform that function does not Oconstitute a tort
committed against an individual who may incidentally suffer injury
or damage in common with others by reason of default.^' City of
Russellville v. Greer 440 S.W.2d 269 271 (Ky. 1969); See
Cabinet for Duman Resources Commonwealth v. Poore 711 S.W.2d
498, 499 (Ky. 1986) (A municipality is subject to suit only when it
seeks out or separates the individual from the general public and
deals with that person on an individual basis).
3 '
MEMORANDUM
Date: July 13, 1995
To: Brad Hoffman, Community Development Director
From: Tom Bublitz, Community Development Specialist
Subject: Proposed Landscape Project for Southeast Neighborhood
Approximately two years ago, the Earle Brown Neighborhood Housing Advisory Committee
concluded that improving the landscaping in the southeast neighborhood was an important
element in maintaining the vitality and aesthetics of the southeast neighborhood. The
committee worked with the North Hennepin Technical College to create a project where
students in the landscape program would meet with individual property owners and create
individual planting plans as part of their course work. The goal was then to develop some
means of assisting homeowners with the purchase of plant materials, whether through a City
bid, negotiating a discount with a local merchant or some other process, to implement the
planting plans.
Unfortunately, due to circumstances beyond the committee's control, the technical college
was never able to complete the program. However, there was a tremendous interest on the
part of the neighborhood and there were over 180 households expressing an interest in the
project.
Staff has been attempting to find some means of completing the project and has contacted the
University of Minnesota Urban Design Center and the Minnesota chapter of the American
Society of Landscape Architects to explore options for completing the project. One of the
problems in undertaking this project, even with some level of volunteer assistance, is that it
is difficult to accomplish the project without some funding. As a result, staff believes the
only practical alternative for achieving this project is to provide funding in the City or EDA
budget.
The Earle Brown Neighborhood Housing Advisory Committee developed the attached outline
for the Earle Brown neighborhood landscape project. This outline provides a framework for
the landscape project. Staff has reviewed this outline with representatives from the
University of Minnesota Urban Design Center and also a member of the Minnesota
Association of Society of Landscape Architects (MASLA), and both individuals thought that
it had merit as a project and could possibly be implemented with assistance from the
members of MASLA, assuming they would be willing to take it on as a project. At this
point, staff is looking for direction from the EDA /Council as to whether or not this item is
worth pursuing as a project and whether or not it merits consideration for the 1996 budget.
A copy of the outline for the Earle Brown neighborhood landscape project is included with
this memorandum.
EARLE BROWN NEIGHBORHOOD LANDSCAPE PROJECT
A. GOAL To assist in maintaining the vitality of the Earle Brown (southeast) neighborhood
through improvement of landscaping in public and private spaces.
B. BACKGROUND
• Summary of demographics and housing data in southeast neighborhood.
✓ Age profile of neighborhood.
✓ Income profile of neighborhood.
✓ Home value in neighborhood - range of values and median values.
✓ Age and type of housing in neighborhood.
• Summary of neighborhood improvement activities. What we are already doing.
✓ Creation of Earle Brown Committee.
✓ Home rehabilitation deferred loan program.
✓ Acquisition and redevelopment of single- family properties.
✓ First -time home buyer program.
C. OBJECTIVES
• Improve amenity and property values by providing additional aesthetic value to
neighborhood, including individual properties, through landscaping improvements.
• Improve ecological value of area through the use of native species where appropriate,
such as birch, red pine, native shrubs, etc.
• Additional ecological considerations and objectives.
✓ Diversity of plant materials.
✓ Hydrology - native species can grow with less water and attention than many non-
native species.
✓ Landscaping for climate considerations - this objective would provide for heating and
cooling considerations, including windbreaks, shade, etc.
• Create neighborhood identity through common landscape themes through neighborhood.
D. PLANNING PROCESS
• Identify public spaces, including parks, open spaces, right -of -ways, etc., suitable for
landscape improvements.
✓ The City's Maxfield Housing Study recommends the creation of public spaces out of
vacant land under power lines. It notes that "vacant land traversing the neighborhood
between 57th and 58th Avenues North could be landscaped to create a pedestrian
and /or bicycle thoroughfare. The path would lead directly to the Northbrook Mall
parcel. The vacant lot at Colfax and 58th Avenues North could be a good spot for a
City park."
✓ Identify private yards included in the 180+ residents who have expressed interest in
this project.
• Evaluate suitability, including aesthetics, of creating areas where native species may be
included in landscape.
Earle Brown Neighborhood Landscape Project
Page Two
• Planning should focus on two scales: neighborhood and specific sites. Consider
development of prototype or models for landscaping single- family sites.
• Explore options with Hennepin Parks to create a landscape theme (perhaps including
native species) along Mississippi River (River Ridge Park area).
E. IMPLEMENTATION
• Develop base informational data with assistance from homeowner. Homeowner to sketch
what landscaping exists now on their lot.
• Homeowners would meet with landscape architects in a workshop setting to review their
existing landscaping and establish their needs with regard to landscaping. The landscape
team, consisting of members of the Minnesota Association of Society of Landscape
Architects would work with homeowners to create landscape plans at workshops.
• The landscape team would consider the development of creating common themes in the
southeast neighborhood and would also address individual homeowner needs with regard
to landscaping. If enough homeowners from a specific area work together, the team
could consider the development of landscaping plans for specific streets.
• The landscape team would also address the landscaping of public spaces and develop
landscaping themes for public spaces in the southeast neighborhood.
MEMORANDUM
Date: July 13, 1995
To: Brad Hoffman, Community Development Director
From: Tom Bublitz, Community Development Specialist
�(
Y P P
Subject: Earle Brown Neighborhood Housing Advisory Committee Discussion
Regarding Neighborhood Organizations
Over a series of several meetings in the past few months, the Earle Brown Neighborhood
Housing Advisory Committee has been discussing the creation of additional neighborhood
organizations in the City. This is also a point of discussion with the City's Housing
Commission. Both advisory bodies are interested in seeing additional "grass roots"
neighborhood organizations in the City.
The Earle Brown Neighborhood Housing Advisory Committee is currently reviewing the
approach taken by the City of St. Louis Park. Essentially, St. Louis Park created a
neighborhood revitalization commission which served as an umbrella organization to facilitate
and assist neighborhood organizations starting in the City of St. Louis Park. St. Louis Park
already had a number of neighborhood organizations and the commission's goal was to assist
existing organizations and facilitate the creation of new organizations.
The Earle Brown Neighborhood Committee invited a staff member from St. Louis Park to
review that City's approach to neighborhood organizations. A copy of the minutes of that
discussion is included with this memorandum. Also included is an ordinance establishing the
neighborhood revitalization commission in St. Louis Park. The Earle Brown Neighborhood
Committee will be reviewing this ordinance at their next meeting.
Staff would like to discuss both the current status of the Earle Brown Neighborhood Housing
Advisory Committee and the potential for a neighborhood model such as St. Louis Park's
taking hold in Brooklyn Center. Additionally, another model for neighborhood organizations
is demonstrated by the Riverwood Neighborhood Association in the City's northeast
neighborhood. Staff will be prepared to discuss this item in more detail at the work session.
MINUTES OF THE PROCEEDINGS OF
THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN
AND THE STATE OF MINNESOTA
March 23 1995
Conference Room A
Brooklyn Center City Hall
CALL TO ORDER
The Earle Brown Neighborhood Housing Advisory Committee was called to order at 7:00 p.m.
by Chairperson Jody Brandvold.
ROLL CALL
Chairperson. Jody Brandvold, committee members Robert Torres, Johanna Mills, Joyce
Lindquist, Nancy Carlson and Deborah Iverson. Also present at the meeting were Council
Liaison Kathleen Carmody and Tom Bublitz, Community Development Specialist.
Absent and excused from the meeting were committee members Dolores Hastings, Everett
Lindh, Dennis Morrow, Robert Jechorek and Karen Youngberg.
APPROVAL OF MINUTES - FEBRUARY 23, 1995
There was a motion by Committee Member Mills and seconded by Committee Member
Lindquist to approve the February 23, 1995, minutes, as submitted. The motion passed.
GUEST SPEAKER: JUDIE ERICKSON, CITY OF ST. LOUIS PARK
The Community Development Specialist introduced Judie Erickson, Planner for the City of St.
Louis Park. He explained Ms. Erickson was here this evening to speak on St. Louis Park's
Program to organize their neighborhoods. Ms. Erickson began her presentation by noting that
in many ways, St. Louis Park is similar to Brooklyn Center. She pointed out both cities have
an abundance of post -World War II housing, including story- and -a -half structures and some of
the "Orrin Thompson" bungalows built in the 1950s.
Ms. Erickson pointed out that approximately three years ago, the St. Louis Park council was
interested' in a neighborhood task force being formed to address the issue of a "loss of
community." As a result, the Neighborhood Redevelopment Commission was formed and Ms.
Erickson was appointed the staff liaison to the commission.
Ms. Erickson explained that St. Louis Park has 34 neighborhoods from those that are very small
p g ry
to more than 2,000 housing units. Some of the neighborhoods had been formed back in the
1940s. In the 1950s, St. Louis Park was the fastest growing suburb in the metro area. She
3 -23 -95 -1-
pointed out that at this period in history, women were generally at home and had time to work
on nei issues. Now, only 20% of St. Louis Park's households have children in them.
She added that more young families are moving in and that neighborhood organizers now tend
to be people who have been there a long time or young families with children.
Ms. Erickson explained the task force, or the Neighborhood Revitalization Commission, offers
guidance on how to start neighborhood organizations. She added that the minimum number of
people that is generally required to start an organization is six. She explained every
neighborhood in St. Louis Park that has organized has had a positive experience. Currently, ten
neighborhoods have organized in the city and the program is in its third year. The
Neighborhood Revitalization Commission helps with the city's annual remodeling fair and
contributes articles to the city newsletter on an ongoing basis. Also, a couple of neighborhood
stories have been put on video and have been broadcast on the local cable TV station. She
added that the city does not prepare the newsletters for the neighborhood organizations, but does
provide for the printing of them. Generally speaking, she pointed out that a neighborhood's first
newsletter usually includes a survey of the neighborhood. Ms. Erickson explained that St. Louis
Park has initiated a "children first" program based on studies that have shown that if children
display a list of approximately 30 assets in their lives, they would be generally predicted to be
successful adults. She added the neighborhoods try to improve the lives of children in the
neighborhood and one of the helpful things in this regard is that school boundaries tend to be
almost identical with city boundaries.
Ms. Erickson explained that some neighborhoods bring in speakers on neighborhood issues.
Some monitor local politics and some focus on environmental issues. She explained that
neighborhoods determine their own priorities and the city is not involved as an ongoing part of
the neighborhood organization. The city generally helps start the neighborhood organizations,
and so far the neighborhoods organized to date tend not to dissolve or quit. Other examples of
neighborhood organizational projects include a neighborhood directory and children's parade.
Ms. Erickson pointed out one important element of the neighborhood organization program is
the signage for neighborhoods. She explained a volunteer designer did a prototype of a
neighborhood sign which is generally two feet by two feet and then each neighborhood creates
their own logo. The city sign shop then produces the sign for the neighborhood.
Chairperson Brandvold inquired of Ms. Erickson as to the size of the average neighborhood and
how boundaries are decided. Ms. Erickson replied that the Neighborhood Revitalization
Commission defined the boundaries using natural barriers, such as railroad tracks, Highway 100,
Highway 7 and Excelsior Boulevard. She explained some of the neighborhoods had already
organized, and one neighborhood consisted of only 200 houses but had bylaws and a tax- exempt
status. She pointed out the Neighborhood Revitalization Commission tried to use logical
boundaries. She explained there are a total of 12,000 single- family homes in St. Louis Park and
that the Neighborhood Revitalization Commission initially set boundaries, but the neighborhood
had an opportunity to change them if they preferred, and some neighborhoods did make some
revisions.
3 -23 -95 -2-
With regard to crime issues in the neighborhoods, Ms. Erickson pointed out that police officers
are assigned to specific neighborhoods.
Another item which was helpful in creating the neighborhood boundaries was that the city began
collecting census data by neighborhoods, beginning with the 1990 census.
Ms. Erickson pointed out that one neighborhood is organized to the extent that they have a very
efficient "phone tree" system for notifying residents of various issues and information items.
Committee Member Mills inquired as to what is the most effective type of neighborhood
organization. Ms. Erickson explained that if neighborhood organizations have aboard that meets
monthly and at least one annual meeting, this is generally an effective approach to organizing
the neighborhood. She pointed out that generally, a core group of people in the neighborhood
is essential to maintaining the organization.
Chairperson Brandvold brought up the issue of the school district's community education
advisory board as a resource for neighborhood organization.
Ms. Erickson explained that the St. Louis Park city council is coming up with a $20,000 fund
for neighborhoods to apply for various projects in their neighborhoods. She added, however,
that the City does not pay postage for mailing of neighborhood newsletters and that this must
be from dollars raised by the local organizations.
Committee Member Carlson asked about housing code enforcement in the various
neighborhoods. Ms. Erickson explained that the City of St. Louis Park does have a Point of
Sale inspection and a nuisance ordinance which have been generally effective and that these
ordinances are handled by the city's inspection services. She explained the Point of Sale
ordinance has been very successful overall in maintaining the city's housing stock. She pointed
out the individual in St. Louis Park that could provide more information on the Point of Sale
ordinances, Mr. Tom Wigfield, who is the St. Louis Park staff person dealing with housing in
the city.
Chairperson Brandvold stated that she believes it may be helpful to get to know neighbors via
a neighborhood organization so that issues such as yard cleanup may be handled in a less
blaming and more personal manner. She pointed out that the positive impact of a neighborhood
organization could influence housing maintenance and upkeep in the neighborhood.
Discussion ensued among committee members regarding some possible divisions of the southeast
neighborhood into smaller divisions. There was a g consensus among committee members
that smaller areas would probably work better in terms of organizing neighborhoods.
Chairperson Brandvold noted that she believes the St. Louis Park directory of neighborhoods is
an excellent idea.
3 -23 -95 -3-
a
Committee Member Carlson stated that she believes the "phone tree" concept is also a very good
idea.
The Community Development Specialist inquired as to the specific role of the Neighborhood
Revitalization Commission. Ms. Erickson explained that the commission's purpose is to keep
things moving along and to assist neighborhoods in organizing. Initially, she explained that the
commission had the city conduct the meetings of the neighborhoods. She added that speakers
and neighborhood organizers from other places were invited. As a result of this initial effort,
one person was excited enough to organize his neighborhood and this was the goal of the initial
effort.
Chairperson Brandvold inquired whether a commission like the Neighborhood Revitalization
Commission is necessary for successful organizing. Ms. Erickson explained that what is
necessary is some type of organizational structure that can transfer leadership in neighborhood
organizations. She explained that this is generally accomplished with each neighborhood
adopting bylaws so that there is an orderly transition of leaders in the neighborhood. She added
that this is an important element of a self - sustaining neighborhood organizational structure.
Ms. Erickson explained that the Neighborhood Revitalization Commission made a map and put
it in the city newsletter and it is included in new resident packets.
Ms. Erickson explained that she would send some neighborhood sign samples, examples of
surveys done by neighborhood organizations and also some videos of the neighborhood
organizations.
UPDATE ON HENNEPIN COMMUNITY WORKS PROGRAM
The Community Development Specialist explained that there is no new information on the
Hennepin Community Works project from that already relayed to the committee other than the
fact that there will be a neighborhood meeting held on April 25, 1995, to discuss the Hennepin
Community Works Program, along with other southeast neighborhood issues including the
neighborhood street improvement program, storm water and street improvements planned for
57th Avenue North and the North Mississippi Regional Trail and Park.
The Community Development Specialist noted that mailings will be going out to the entire 2,500
households in the southeast neighborhood for this meeting on the 25th and that Commissioner
Mike Opat would be attending the meeting to discuss and explain the Hennepin Community
Works Program.
1995 PAINT- A -THON
The Community Development Specialist stated that he believes there is a good supply of
applicants for the 1995 Paint- A -Thon from the southeast neighborhood, and that he would make
every effort to assure that the committee secured a house in the southeast neighborhood this
year.
3 -23 -95 -4-
He then passed around the sign -up sheet for the 1995 Paint -A -Thou.
ADJOURNMENT
There was a motion by Committee Member Lindquist and seconded by Committee Member
Iverson to adjourn the meeting. The motion passed. The Earle Brown Neighborhood
Housing Advisory Committee adjourned at 8:40 p.m.
Respectfully submitted,
Tom Bublitz
Recording Secretary
3 -23 -95 -5-
ORDINANCE NO. 1890 -92
AN ORDINANCE ESTABLISHING THE NEIGHBORHOOD REVITALIZATION
COMMISSION AND AMENDING THE ST. LOUIS PARK MUNICIPAL CODE
ADDING SECTIONS 1 -601 THROUGH 1 -606 WHICH ESTABLISHES MEMBERSHIP OF
THE COMIVIISSION, TERMS, POWERS AND DUTIES.
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
The St. Louis Park Municipal Code is hereby amended to read as attached:
NEIGHBORHOOD REVITALIZATION COMMISSION
Section 1 -601. Purpose. The purpose of the Neighborhood Revitalization Commission shall
be to maintain St. Louis Park as a desirable place to live. The City Council believes that the
process of neighborhood revitalization will help to create and maintain a sense of
community, improve the appearance of neighborhoods, increase the feeling of security,
identify and satisfy social needs which will work toward achieving a high quality of life in St.
Louis Park.
The diversity of neighborhoods indicates that problems can better be handled on a
neighborhood basis rather than a city wide basis. The Neighborhood Revitalization
Commission will empower neighborhood organizations which shall identify their own
problems, opportunities, and resources.
Section 1 -602. Membership of Commission and Terms
(1) The Commission shall be an advisory commission to the City Council and shall
consist of nine regular members all appointed as hereafter set forth.
(2) Re Members All of the regular members of the commission, at least one of whom
shall be a renter, shall be appointed by the City Council. It is a goal of the City Council to
maintain ethnic and racial diversity on the Commission. Three regular members shall be
appointed for three -year terms. Three regular members shall be appointed for two -year
terms. Three regular members shall be appointed for one -year terms. Subsequent
appointments shall be for three -year terms.
The terms of regular ar members shall run until the e 31st day o f of December the y ear in which
their terms expire and until a successor is appointed and qualified. In the event of a
vacancy, the Council shall appoint a person to complete the unexpired term. A member of
the Commission may be removed with or without cause by the City Council.
(3) Qualifications. Regular members of the Commission shall be residents of the City and
shall attend at least 5010 of the regularly scheduled meetings within a six month period. A
vacancy shall be deemed to exist in the event a member ceases to meet the residency
requirements or fails to attend the required number of meetings.
Section 1 -603. Organization.
(1) A staff liaison to the Commission shall be appointed by the City Manager. The
g
liaison shall be subject to the administrative rules and regulation's of the Citv of
St. Louis Park.
.,
(2) The Commission shall elect its own chair and vice- chair. Subject to the limitations as
may be imposed by the City Council at any time, the Commission shall provide its own rules
and procedure, shall determine date and time of its meetings, and upon proper notice. shall
call public hearings when necessary or desirable and in accordance with all requirements of
local and state laws. The Bylaws of the Commission and an amendments t hereof hall b
Y y s e
submitted to the City Council upon their adoption. Said Bylaws and any amendments
thereof shall be deemed to be approved by the City Council unless the City' Council takes
action to modify said Bylaws or amendments within thirty (30) days after si.rhnlis ion No 40
member of the Commission shall consider or vote upon any question in which the member is
directly or indirectly interested.
(3) The Commission shall keep proper records of its roceedin s an
p g d such
records shall be maintained by the staff liaison or the liaison's designee.
Section 1 -604. E enses of Members. The members of the Commission shall serve without
pay but may, at the discretion of the City, be reimbursed for actual authorized expenses
incurred to the extent that funds therefore are available. The Commission shall properly
account for its receipts and .expenditures of monies in accordance with established City
procedures.
Section 1 -605. Powers and Duties. The Neighborhood Revitalization Commission
shall have the following powers and duties:
(1) The Commission shall develop a document which establishes the parameters of
neighborhood revitalization.
(2) The Commission shall be a facilitating body for the organization of
neighborhoods and the perpetuation of existing neighborhood organizations.
(3) The Commission shall facilitate neighborhoods by:
(a) Developing and strengthening neighborhood identity.
(b) Enabling neighborhoods to identify their goals, strengths, problems
and resources.
(c) Helping neighbors become familiar with each other and work
together on common goals.
(d) Providing a means to increase communication between neighborhoods and
outside resources, including City government.
(e) Creating a model structure for action plans.
(f) Creating a mechanism for implementing the action plans which
includes a method of prioritizing action plans for implementation,
and for identifying what organization is best equipped to implement
the required action.
(g) Identifying and supporting community education programs which will help
empower neighborhoods to reinvest, address problems, create communities.
(h) Identify and examine potential funding sources.
(i) Holding a joint meeting with the City Council at least once each year to report
progress and goals.
Section 1 -606. Termination of Commission. The Neighborhood Revitalization
Commission shall automatically terminate on December 31, 1995. The City
Council, at its option, may by Ordinance extend the life of the Commission beyond
the automatic termination date.
Adopted by the City Council July 20, 1992
ayor
ATTEST:
City Clerk
Reviewed for administration: Approved as to form and execution:
City Manager City Attorney
2606:RES6
' E
Neighborhood Revitalization Commission City of St. Louis Park, Minnesota
Adopted August 26, 1992
RULES OF PROCEDURE
Article I - Policy
It shall be the purpose of the St. Louis Park Neighborhood Revitalization
Commission to promote the organization of neighborhoods as a means toward maintaining
the long term viability and high quality of life in St. Louis Park.
Article H - Officers and Their Duties
Section 1. At its first meeting in January of each year, the Commission shall elect
from its membership a Chair and a Vice - chair. The Planning Director or his designate shall
be the Secretary of the Commission.
Section 2. The Chair and Vice -chair shall take office immediately following their
election and shall hold office for a term of one year and until their successors are elected and
assume office.
Section 3. The Chair shall preside at all meetings, appoint committees, and perform
such other duties as may be ordered by the Commission.
Section 4. The Vice -chair shall act in the capacity of the Chair in the absence of the
Chair. In the event the office of the Chair becomes vacant, the Vice -chair shall become
Chair, and the Commission shall elect a successor to the office of Vice -chair for the
unexpired term.
Article III - Election of Officers
Section 1. Nomination of officers shall be made from the floor at the annual
organization meeting and the elections shall follow immediately thereafter.
Section 2. A candidate receiving the vote of a majority of the entire membership of
the Commission shall be declared elected.
Section 3. Vacancies in offices shall be filled by regular election procedures for the
unexpired term.
Article IV - Committees - Membership
Section I. The Commission Chairperson shall appoint a Chairperson for each of the
following Standing Committees: Public Relations and Publicity. Resource Materials, and
Education.
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Neighborhood Revitalization Commission
Rules of Procedure
Page 2
Section 2. The membership on the Standing Committees shall consist of at least
two members of the Commission appointed by the Commission Chairperson in addition to
the Standing Committee Chairperson.
Section 3. Each Standing Committee Chairperson shall appoint a Committee
Secretary.
Section 4. The Committee Chairperson will schedule the committee meeting times
and places.
Section 5. The duties of the Standing Committee shall be as follows:
5.1 . Public Relations and Publicity Is responsible for maintaining contact
with the public through news letters, cable TV, and local news media sources.
This committee is responsible for press releases. The committee may assist
other committees in the publication and distribution of the results of their
efforts.
5.2 Resource Materials. Is responsible for research, development and
maintenance of resource materials available for public use and update of
Neighborhood Organization Manual.
5.3 Education Is responsible for working with City staff and Community
Education in the development of City wide education forums to further the
goals of Spirit of the Park. Is also responsible for the organization of
workshops or seminars designed to enhance neighborhood efforts to organize.
Section 6. A majority of its members constitutes a quorum of a Standing
Committee.
Section 7. The Chairperson of a Standing Committee shall report to the
Commission, at the following Commission meeting, any action taken by the Standing
Committee.
Article V - Special Committees
Section 1. The Chairperson of the Commission shall appoint such special
committees as may be recommended by the Commission or such other Committees as is
deemed advisable. Such special committees shall perform such tasks as may be assigned to
them and may include members of the community at large in addition to members of the
Commission. Special Committees may be dissolved by the Commission Chairperson or the
Commission.
Section 2. The Chairperson of each Standing Committee shall appoint such
subcommittees as the Standing Committee deems desirable to assist it in performing its
responsibilities. Such subcommittees may include Standing Committee members, other
Commission members and members of the community at large.
Neighborhood Revitalization Commission
Rules of Procedure
Page 3
Article VI - Meetings
Section 1. The Commission shall hold regular meetings on the second and fourth
Wednesday of each month at 7:00 p.m., provided however, that when the day fixed for any
regular meeting of the Commission falls upon any of the following holidays: Ash
Wednesday, Chanukah, Christmas, Halloween, Independence Day, New Year's Day, Passover
(first two nights and last two nights), Rosh Hashanah, and Yom Kippur, such meeting shall
be held at the same hour on the next succeeding Thursday not a holiday. (For Chanukah,
Christmas, Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening
before the holiday.) All regular meetings of the Commission shall be held in the City Hall of
the City.
Section 2. The Chair or any four members of the Commission may call a special
meeting of the Commission after having given notice not less than twenty -four hours in
advance of such meeting to each member of the Commission. Such notice shall be delivered
personally to each member or be left at the member's usual place of residence with a person
of suitable age and discretion then residing therein, or written notice thereof shall be left in
a conspicuous place at the residence if no such person be found there.
Section 3. A quorum shall consist of a simple majority of the Co Passage
of any matter before the Commission shall require the presence of a quorum and the
affirmative vote of a majority of the quorum.
Section 4. Voting on regular motions shall be by voice and will be recorded by yeas
and nays unless a roll call is requested by a member of the Commission.
Section 5. In all points not covered by these rules, the Commission shall be
governed on its procedure by Robert's Rules of Order.
Section G. All regular and special meeting, records, and accounts shall be open to
the public.
Article VII - Order of Business
Section 1. The order of business shall be as follows:
1. Call to Order /Roll Call
2. Approval of Minutes
3. Unfinished Business
4. New Business
7. Reports from Subcorr_mittees
Colrsnunications
7. iVliscellaneous
Next L A -dada
Adjournmenz
r
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Neighborhood Revitalization Commission
Rules of Procedure
Page 4
Section 2. Unless objection is made by motion of the Commission, the Presiding
Officer may modif the foregoing order of business in order to accommodate citizens present
or to expedite the business of the Commission.
Section 3. Unless a reading of the Commission meeting minutes is requested by a
member of the Commission, such minutes may be approved without reading if the secretary
has previously furnished each member with a copy thereof.
Section 4. Any person desiring to address the Commission shall first secure the
permission of the Presiding Officer to do so.
Article VIII - Miscellaneous
Section 1. The Commission may suspend any of these rules by motion upon an
affirmative vote of a majority of the entire membership.
Section 2. These rules may be amended at any regular or special meeting by an
affirmative vote of a majority of the entire membership after notice in writing, containing
the form of the section as it will appear if amended as proposed, shall have been given at
least five days prior to the meeting at which such vote will be taken.
2719:GEN