Ordinance 853 – Vacant Residential Dwelling Units
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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF SHOREVIEW
ORDINANCE NO. 853
AN ORDINANCE TO AMEND CHAPTER 200 OF THE MUNICIPAL CODE
The Shoreview City Council ordains that Chapter 200, Development Regulations, is
hereby amended by revising Section 210, adding Subsection 210.030, Registration and
Re-certification of Foreclosed Residential Dwelling Units as follows:
210.030 Registration and Re-certification of Foreclosed Residential Dwelling Units
Ordinance applies
to all Foreclosed
Residential
Dwelling units
with the exception
of apartment units
and mobile homes.
(A) Purpose. The purpose of these regulations is to protect public safety and
preserve residential property value by requiring the owners of Foreclosed
Residential Dwellings to register the property with the City; and to maintain
the property pursuant to the regulations of the City of Shoreview.
(B) Applicability. These regulations apply to the owners of a Foreclosed
Residential Dwelling.
(C) Definitions.
meanings:
Definitions are
also found in
Section 202.
Definitions
added here are
specific to this
ordinance and
not defined in
Section 202.
The terms used in this Section shall have the following
(1) Apartment Building. A structure containing eleven (11) or more
dwelling units that may be attached side by side, stacked ceiling to
floor and/or have a common building entrance and owner. Said
dwelling units are not individually owned but rented by a common
owner to occupants or tenants.
(2) City. City of Shoreview
(3) Foreclosed Residential Dwelling. A residential property which has
been sold at a Sheriff Sale.
(4) Property Owner. A person, firm, corporation, or other legal entity
which has a legal or equitable interest in a Foreclosed Residential
Dwelling.
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(5) Re-certification of Occupancy. A Certificate of Compliance issued
by the City Manager certifying that the Foreclosed Residential
Dwelling at the time of inspection, was in compliance with
applicable regulations and is habitable.
(D) General Registration Provisions.
(1) Registration Required. All owners of a Foreclosed Residential
Dwelling , shall register the property with the City. The registration
application shall be submitted to the City no later than fourteen (14)
days after such residential dwelling unit becomes foreclosed upon.
(2) Registration Form.
The registration shall be submitted on forms
provided by the City and shall include the required information
required on the registration form. All registrants shall give notice, in
writing, to the City, within five (5) business days of any change in
the information contained on the registration form.
Registration term runs
with the property as
long as it remains in
foreclosure
(3) Registration Fees. Registration fees shall be prescribed by ordinance
adopted by the City Council. The registration fee is imposed to
defray the administrative cost of registering a Foreclosed Residential
Dwelling, monitoring the property, and re-certifying the property for
occupancy. The required fee shall be submitted along with the
registration form.
(4) Registration Terms. All registrations are valid for the period of time
the dwelling unit is in foreclosure.
(5) Notification of Sale. All owners of a Foreclosed Residential
Dwelling shall notify the City within five (5) business days of a sale
or transfer of ownership in the property.
(6) Transfer of Registration. Registrations may be transferred to
subsequent owners of the registered property. Notice shall be in
writing and submitted to the City, within five (5) business days of
any change in ownership
(7) Posting of Registration. Proof of registration must be posted in
public view within five (5) business days after receipt of the
registration.
(8) Resident Agent Required. Property Owners who do not reside
within the counties of Anoka, Carver, Chisago, Dakota, Hennepin,
Ramsey, Scott, or Washington Counties (the “Metro Area”) must
appoint an agent who resides within the Metro Area and is
responsible for the maintenance of the Foreclosed Residential
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Dwelling; for receipt of service of the notice of violation; for receipt
of the compliance order and remedial actions to effect such order;
and for acceptance of all service of process pursuant to law. The
City Manager shall be notified in writing of any change in the
appointed agent within five (5) business days of such change.
(E) Maintenance Requirements. Foreclosed Residential Dwelling shall be
maintained in accordance with the provisions of the Shoreview Municipal
Code, Sections 210, Nuisance, and 211, Property Maintenance.
(F) Security Requirements. Foreclosed Residential Dwelling shall be
maintained and secured from weather and casual entry by unauthorized
persons.
(1) “Secured from casual entry” means the property owner shall close
and lock all windows, doors, gates and any other openings that may
allow access to the interior of the Foreclosed Residential Dwelling.
(2) “Secured from weather” means the property owner shall take
appropriate measures to prevent entry of rain, snow or wind into any
portion of the Foreclosed Residential Dwelling.
Prior to occupancy
by a new owner or
tenant, a housing
inspection is
required and a
Certificate of
Compliance
issued.
(G) Re-Certification for Occupancy. Registered property shall not be occupied
by a new owner or tenant until the dwelling unit has been inspected by the
City Manager to ensure that the dwelling unit is in substantial compliance
with applicable ordinances of the City and a Certificate of Compliance has
been issued for the dwelling unit.
(H) Inspections. The City Manager or his/her designee shall be authorized to
make or cause to be made inspections to conduct inspections of the
registered properties and determine the condition of dwellings and premises
in the City under this code in order to safeguard the health, safety and
welfare of the public. The City Manager, or his/her designee, shall be
authorized to enter any dwelling or premises at any reasonable time for the
purpose of performing his duties under this code. If the owner, operator or
person in possession of the dwelling shall refuse to consent to the inspection
and there is probable cause to believe that a violation exists within the
particular structure, a search warrant will be obtained.
(1) Compliance Order. If, upon an inspection, the City Manager or
his/her designee determines that any Foreclosed Residential
Dwelling is not in compliance with the provisions of the Shoreview
City Code, the City Manager may issue a compliance order setting
forth the violations of the Shoreview Municipal Code, Sections 210,
Nuisance, and 211, Property Maintenance and ordering the Property
Owner to correct such violations. This compliance order shall:
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(a) Be in writing.
(b) Describe the location and nature of the violations of this code.
(c) Establish a time for the correction of such violation.
(d) Be served upon the Owner or its Resident Agent, as the case may
require. Such notice shall be deemed to be properly served if a
copy thereof is:
(i)
Personally served on Owner or its Resident Agent;
(ii)
Sent by mail to Owner’s or its Resident Agent’s last known
address, or
(iii) Upon failure to affect notice through (a) or (b) above, notice
may be posted at a conspicuous place in or about the
dwelling unit.
(2) and (3)
added to be
consistent with
Section 211
(2)
Any property ower who fails to satisfy the conditions of this
ordinance and Compliance Order shall be guilty of a misdemeanor.
(3) Transfer of Ownership. It shall be unlawful for the owner of any
property, dwelling unit or structure who has received a compliance
order or upon whom a notice of violation has been served to sell,
transfer, mortgage, lease or otherwise dispose of said property,
dwelling or structure to another until the provisions of the
compliance order or notice of violation have been complied with or
until such owner shall first furnish the grantee, transferee,
mortgagee, or lessee a true copy of any compliance order or notice of
violation issued by the City and shall furnish to the City a signed and
notarized statement from the grantee, transferee, mortgagee, or
lessee, acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
(4)
Final Inspection. Upon completion of repairs or corrections made
pursuant to the Compliance Order, the owner shall request the City
Manager to conduct a final inspection, which may be combined with
a final building permit or rental housing license inspection, when
required.
(I) Issuance of Certificate of Compliance. Upon compliance with all applicable
regulations of the City, the Vacant Residential Property and/or the Foreclosed
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Residential Dwelling will be declared habitable and a Certificate of Compliance
can be issued.
Temporary
Certificate of
Compliance may
be issued in
certain
situations.
(J) Issuance of Temporary Certificate of Compliance. The City Manager may issue a
Temporary Certificate of Compliance for corrective actions if the buyer, seller or
other responsible person has:
(1) Executed an agreement with the City to complete the corrective actions in
a timely manner, and
(2) A Building Permit has been secured, if required, to complete the
corrective actions
If the required corrective action is the remediation of a building hazard, the
building may not be occupied and the City shall not issue a Temporary Housing
Certificate of Compliance until such building hazard has been corrected to the
satisfaction of the City Manager. The premises and dwelling unit cannot be
occupied during this time period.
Once the corrective items have been completed and determined to be in
compliance with all applicable ordinances of the City, a Housing Certificate of
Compliance can be re-issued and will replace the Temporary Housing Certificate
of Compliance.
(K) Posted to Prevent Occupancy. Whenever any Foreclosed Dwelling has not been
registered, or is deemed unfit for human habitation, it shall be posted with a
placard by the City to prevent further occupancy.
(L) Liability. Neither the City nor its employees or agents shall be deemed liable for
damages to a third person or property by reason of this Chapter.
Whereas, The Shoreview City Council ordains that Exhibit B, Administrative Fee Schedule, to
the Municipal Code, is hereby amended as follows:
Foreclosed Dwelling Unit Registration Fee: $300.00
Foreclosed Dwelling Unit Re-inspection Fee: $50.00
Foreclosed Dwelling Unit Registration Transfer Fee: $30.00
Effective Date. This ordinance shall become effective the day following its publication
in the City’s official newspaper.
Publication Date. Published on the 10th of June, 2009.
SEAL
________________________________
Sandra C. Martin, Mayor
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