020310 PlanningCity of New Hope
Meeting Date: February 3, 2010
Report Date: January 27, 2010
Planning Case: 09 -12
Petitioner: City of New Hope
Request: Vacant Properties Registration
I. Request
Per the direction of the City Council, the city of New Hope is considering adopting a Vacant Properties
Registration (VPR) program to help ensure properties are maintained in safe and healthy conditions
despite their vacancy status.
Staff researched VPR programs from around the state and provided information to the Codes and
Standards Committee. The Codes and Standards Committee requested staff bring forth a draft
ordinance, which was done in December utilizing the VPR program from the city of Brooklyn Center.
The Planning Commission reviewed the draft ordinance at its January meeting, but due to various
concerns from Commission members, the issue was sent back for further review by the Codes and
Standards Committee.
The Codes and Standards Committee thoroughly reviewed the ordinance line by line and made
changes to make the ordinance more reflective of the needs of New Hope. The draft ordinance is
attached. The changes proposed by the Codes and Standards Committee include but are not limited to:
1. Inclusion of a definition of "vacant" and "abandoned" property
2. Demolition language has been removed. The previous draft ordinance included a provision which
would have allowed the building official to require demolition of the property after 365 days of
vacancy and no updated property plan. It should be noted that the building official still reserves
this right for any hazardous buildings as set forth in another section of the code.
3. The exemptions list has been extended to include all "casualty damage," that includes fire, water,
storm, ice and other extreme forms of damage.
4. The exemption for "snowbirds" has been renamed "seasonal residence" to reflect those who take
extended vacations outside of the winter season.
5. The application fee is one time rather than annual.
6. If an application for VPR is made in conjunction with a point of sale application, the VPR fee is
waived.
7. And finally, a number of timelines have been altered to allow property owners more time to
register. Essentially, registration is required three months after becoming vacant (vacant, per the
ordinance, is defined as two months and registration is required 30 days after a property officially
becomes defined as vacant).
The New Hope VPR program will require the owner of a vacant property to register with the city by
providing contact information and a property plan, with timeline, for re -use, rehab or demolition of the
building. The program will also provide the city with additional tools to ensure properties are safe and
secure. The program is intended not only to protect those properties which are vacant, but more
importantly, those properties surrounding vacant properties.
II. Recommendation
Staff and the Codes and Standards Committee recommend approval.
Attachment:
• Draft ordinance (relined version)
• Draft ordinance (clean version)
ORDINANCE NO. 10-
AN ORDINANCE AMENDING CHAPTER 3
OF THE NEW HOPE CITY CODE BY REQUIRING
REGISTRATION OF VACANT BUILDINGS
The City Council of the City of New Hope ordains:
Section 1 . Section 3 -35 "Registration of vacant buildings." of the New Hope City Code is
hereby added to read as follows:
Sec. 3 -35. Registration of vacant buildings.
(a) Policy. The purpose of sections 3 -35(a) through 0) is to protect the public health,
safety, and welfare of the City by establishing a program for the identification and
regulation of vacant buildings, to determine the responsibilities of owners of vacant
buildings and provide for the administration, enforcement, and penalties associated with
the same.
(b) Findings. Vacant and a buildings are a major cause and source of blight in
residential and non - residential neighborhoods, especially when the owner or responsible
party of the building fails to actively maintain and manage the building to ensure it does
not become a liability to the neighborhood. - Vai�ant- t�.,pes of buildings often attract
transients, homeless people, trespassers, and criminals, including drug abusers. Neglect of
vacant and ahandon as well as their use by transients and
criminals, creates arisk of fire, explosion, or flooding for the vacant building and adjacent
properties. Vacant and abandoned properties are often used as dumping grounds for junk
and debris and are often overgrown with weeds and grass. Vacant and ab
buildings that are boarded up to prevent entry by transients and other long -term vacancies
discourage economic development and retard appreciation of property values. There is a
substantial cost to the City for monitoring vae" - these buildings whether or not theme
k�uil then are boarded up. This cost should not be borne by the general taxpayers of
the community but rather these costs should be borne by those who choose to leave their
buildings vacant and aband oned.
-- - l) finitions 1 <)t tht,. purposes stated in Section 3 - oft hls Code, " Vacan t building"- Formatted: Bullets and Numbering
... .. ... .........
a nd "abandoned buiidiniZ' shall be defined as follows:
Q1 11 cu trrl bqi ldin;..1 building unoccirpie 1>I,> qtt oyii :7rer or reruer f7r ra
)2_(�rio g e n (r th an tiwo inonths. The ), ina be clue but not lima crl to,
Ecrecatiart gut . r,7ses� i:han ,, in oivrtcrnrhi or rrrarheting th e rn <T er't or s ale or
lease. The building 117t1Lr ma not be monitored by the owner or the oii�ner's
as ent arc rt cor7apanv or a r c not be limited to an individual. a nro )crty
r� ii b Ir IltCry 1711 °lade 1,
ut
rnal7a crttC alt} conn)any.. For matted: Font Not Italic
-1-
(2 _,4burk�lorr�cl huilr lin�. A hiulrlin�thut is raot hf� in�a� five[ ntoraitor orr
bv thew ner the ow-n er's agent nor can conta be ma �vitl the o x.ner or the
0Wll r refuses to naairztcrin the opert�ca {'ter fiein� rt « ti aecl accoydm�Xly.
(c�Ld _Registration Process.
(1) Application. The owner or responsible party must register a vacant building with the
City no later than thirty (30) days after the building becomes vacant. The registration
must be submitted on a form provided by the City and shall include the following
information supplied by the owner:
a. The name, address, home /work/cell telephone number, and email address, if
applicable, of each owner or the owner's representative;
b. The names, addresses, home /work /cell telephone numbers, and email
addresses, if applicable, of all known lien holders and all other parties with
any legal interest in the building;
C. The name, address, home /work/cell telephone number, and email address, if
applicable, of a local agent or person responsible for managing or
maintaining the property;
d. The legal description, tax parcel identification number, and street address of
the premises on which the building is situated;
e. A description of the premises, including the common address of the property;
f The 444-4 building b�a.nn Wit' period of time the building is
expected to remain vacant, an4 a property plan and timetable for returning
the building to appropriate occupancy or use and a ti metable for correcting
code violations and nuisances; or for demolition of the building;
g. The status of water, sewer, natural gas and electric utilities;
c- �raii;�� �s - 4 - }Flir r„n zcr, -nz
:; tr, �t } }.iet #- :as- l�irr<j #'- tl�cx -� �t�t�t!- �3uil�Iinc�r egi�trat- ir>n- ��dkhin- t}�ir�y #30 }E }�t�vs - cif
(2) Property Plan. The property plan identified in section 3- 35(c)(I)f. must meet the
following requirements:
a. General provisions. The plan must comply with all applicable regulations and
meet the approval of the building official. It must contain a timetable
regarding use or demolition of the property. ' 'w, . ,, . ',• p er
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b. Maintenance of building. The plan must identify the means and timetable for
addressing all maintenance and nuisance - related items as speci in section
3 -35(g) of this code which are identified in the application. Any repairs,
improvements or alterations to the property must comply with 41-e—all
applicable building codes and City regulations.
C. Plan Changes. T owner mi nt notify the buil offi cial of an Changes i iI
the inf supplied as part of the vacant building registration within
thirty(30) days of the chail IT e }�rapetty I kan o tin�cta tl rsaf�t
lit+ il- c�irrg- i- :rt •m,;r= �;�z� r�yisioxst�c�.�t t nz- �prti =�l-;� t he:
�}: ( ��rneFtrrrar�-{ ��= clui�cl- 1€zr- bu�di�rg- �na+nc�<l��c- art= k�aperiad� =�r�
hundred-and sit ft 3€ }tic��tsc tip days attdthE buildir ##tcial his
t he e v ;.,.:i— nics".�
deli:,- tk }eIit l•�;jty- tA ,�+,= �� - abator�e��#- ark- east�c =ice ry
(3) Nora - compliance and Notification. If the owner does not comply with the property
plan or maintain or correct nuisance items, the City may commence abatement and
recover its costs for correction of those items in accordance with Minn. Stat. 6§463.15
through 463.261. In the case of an absent owner and ongoing nuisance items, the City
need not provide notice of each abatement act to the owner. A single notice by the City
to the owner that it intends to provide ongoing abatement until the owner corrects the
items will be sufficient notice.
(4) Exemptions.
a. >ca� Ca�ru D gnza ee . A building that has suffered anv type o f
cas ualty fi� damage is exempt from the registration requirement for a period
of ninety (90) days after the date of the fii -re- casualty if the owner submits a
request for exemption in writing to the e etn{1ie- building official. A
request for exemption must be approved by the building official and include
the following information supplied by the owner:
A description of the premises;
The name and address of owner or owners;
iii. A statement of intent to repair and reoccupy the building in an
expeditious manner and the time frame for completion;
iv. Actions the owner will take to ensure the property does not become a
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nuisance for the neighborhood.
b. ` _;'rto-is= Seasof ?al RE> m s iclenee. Those persons who leave their residential
buildings on a temporary basis for vacation purposes or to reside elsewhere
clua i+ tape «ite sc as�3n and have the intent to return are exempt from the
registration requirement. Exemption .&-a r a seasolTal
residence will be granted with proper verification.
(5) Fees. The owner must payaf,-aflnuala one ti registration fee. The registration fee
shall be set out in Chapter 14 of this code. The registration fee shall be reasonably
related to the administrative costs for registering and processing the registration form
and for the costs of the City in monitoring the vacant building site. The fee must be
paid in full prior to the issuance of any building permits or licenses, with the exception
of a demolition permit. This fee drill be waived if the vacant building registration is
made tp conjunction wit a point of stile inspectio ocr section 3- 32("c) or a business
cert!fic,itc of Deco arteills pectic> per sect } - 3d, of tW code.
(6) Waiver of Fee. The registration fee may be waived if the owner or responsible party
has paid all past due registration fees and all other financial obligations and debts owed
to the City that are associated with the vacant property and demonstrates, to the
satisfaction of the city manager or the manager's designee:
a. that the property is or x ill be re- occupied, with the exception of demolition,
within 180 days of h ecominz va ca��terii�d c� #= €itte#ecatncd rc��1�1e tt�
te<pdias3ce olfit1 and either
b. that he or she is in the process of demolition, rehabilitation, or other
substantial repair of the vacant building; or
that he or she has a plan for the demolition, rehabilitation, or other substantial
repair of the vacant building in a period of time that is deemed reasonable to
the building official_
(7) Assessment. If the registration fee or any portion is not paid within 60 days after
billing, or within 60 days after any appeal becomes final, the City Council may certify
the unpaid cost against the property in accordance with the process set forth in Minn.
Star. §429.101.
(8) Issuance of Permit. Upon completion of the registration process and payment of the
fee, the City will issue a Vacant 4d+*g- S tructure Permit to the owner. The owner
must securely post the permit on the vacant building, if possible, on a side entrance
door that is not generally visible from the public street. If no side entrance door is
available, the permit must be securely posted on another available entrance door. If the
property is abandoned or the owner or responsible party fails to complete the
registration process, the property will be administratively registered as a vacant
—4—
property.
{d)�'eh�Change ofownership. Anew owner(s) must register or re- register a vacant building' Formatted Bul ecs an d Nu
under section §3 -35(c) of this code within ftftewthirt , (1-53U) days of any transfer of an —
ownership interest in a vacant building. Tow -i�w *er(s + +rm -
}.as• )peel =js -414he
p ; y-p s c a , , b i r, ,:i,a;,,,.., r,,,;.,�. the n ew my
doe-, roar to I ML�L h to Deco the. l i ldin within thi rthl0hc ays of the
ti ansfer,_the new yawner ) mi subm L qgw rtv plan f or the building - with a
timetable for com 1p etioz7 of said plan
{e) O___ The City may inspect any vacant building in the City for the purpose of
enforcing and assuring compliance with sections 3 -35(a) through 0) of this code and other
applicable regulations. Upon the request of the building official, an owner or responsible
party must provide access to all interior portions of the building and the exterior of the
property in order to complete an inspection. If the owner or responsible party is not
available to provide access to the interior of the building, the City may use any legal means
to gain entrance to the building for inspection purposes. Priorto anyre- occupancy, a vacant
building must be inspected by the City and found to be in compliance with all regulations
of Chapter 3 of the City Code and all other applicable regulations. All application and
reinspection fees must also be paid prior to any reoccupancy of the building. All such fees
are set out in Chapter 14 of this code.
(f of vacant buildings. The owner must comply with and address the
following items in the property plan, as described in section 3- 35(c)(2) of this code:
(1) Appearance. All vacant buildings must be so maintained and kept that they appear to
be occupied.
(2) Securing. All vacant buildings must be secured from outside entry by unauthorized
persons or pests. Security must be by the normal building amenities such as windows
and doors having adequate strength to resist intrusion. All doors and windows must
remain locked. There shall be at least one operable door into every building and into
each housing unit. Exterior walls and roofs must remain intact without holes.
a. Architectural (Cosmetic) Structural Panels. Architectural structural panels
maybe used to secure windows, doors and other openings provided they are
out to fit the opening and match the characteristics of the building.
1= 3En�+ ty- �- }�c +litiEl�yweed-- (1`4B(� - }- that- i- r- pai , anz��- to- �
e:�tetit}e o�ec3��ed- with- �r+eil�e -t- ire- n�at��ial- sage #- �s- plexi- �l�:rsi- r- ��ul�tt�
w.indo }ve:
b. Temporary Securing. Untreated plywood or similar structural panels or
-5-
temporary construction fencing may be used to secure windows, doors and
other openings for a maximum period of 14 days.
C. "Artistic" board -up. With prior approval of the building official, artistic
options may be utilized to secure a vacant building.
d. Emergency securing. The building official may take steps to immediately
secure a vacant building at his or her discretion in emergency circumstances
pLe section 1 .3ALc 31 of 'this code
(3) Fire Safety.
a. Fire protection systems. Owners of non - residential vacant buildings must
maintain all fire protection systems, appliances and assemblies in operating
condition and maintain end r.Aer l 34t -4; -Llr� monitoring of all
systems per procedures a�roved b the ��'eyt 1 feiro 1 ire District.
b. Removal of hazardous and combustible materials. The owner of any vacant
building, - ,, must remove all hazardous material and
hazardous refuse that could constitute a fire hazard or contribute to the
spread of fire.
(4) Plumbing fixtures. Plumbing fixtures connected to an approved water system, an
approved sewage system, or an approved natural gas utility system must be installed in
accordance with applicable codes and be maintained in sound condition and good
repair or removed and the service terminated in the manner prescribed by applicable
codes. The building's water systems must be protected from freezing.
(5) Electrical. Electrical service lines, wiring, outlets or fixtures not installed or
maintained in accordance with applicable codes must be repaired, removed or the
electrical services terminated to the building in accordance with applicable codes.
(6) Lighting. All exterior lighting fixtures must be maintained in good repair, and
illumination must be provided to the building and all walkways in the same manner as
provided at the time the building was last occupied or as otherwise provided in the
approved vacant building plan.
(7) Heating. Heating facilities or heating equipment in vacant buildings must be
removed, rendered inoperable, or maintained in accordance with applicable codes.
(8) Termination of utilities. The building official may require that water, sewer,
electricity, or gas service to the vacant building be terminated or disconnected. Prior to
the termination of any utility service, written notice must be given to the owner. No
utility may be restored until consent is given by the building official. Utilities may be
discontinued at the request of the owner or responsible party as part of the approved
M
vacant building property plan. The building official may authorize immediate
termination of utilities at his or her discretion in emergency circumstances.
(9) Signage. Obsolete or unused exterior signs and installation hardware must be
removed. Holes and penetrations must be properly patched and painted to match the
building. Surfaces beneath the signs that do not match the building must be repaired,
resurfaced, painted or otherwise altered to be compatible with the building surfaces. All
signs must be maintained in good condition and in compliance with section 3 -50 of this
code. d ova a property €ef no
r�afn�ve�# -� ith in- tl�- �}- t- lu�t�v���- the- att�tiorr.
(10) Exterior maintenance. The owner must comply with all applicable property
maintenance regulations and City codes including, but not limited to, the following:
a. Public nuisances. The owner must eliminate any activity on the property that
constitutes a public nuisance as defined by Minn. St at . §609.74 or any
section of this code.
b. Grass and weeds. Any weeds or grass must be no greater than six (6) inches
in height.
C. Exterior structure maintenance. The owner must maintain the vacant
building in compliance with th Citv's Pro pert % amtena C ode S out in
sections 3 -30(a) through (e) of this code, e#rti�3ed tt� ke rtes
the-
build-in-official-
d. Abandoned or junk vehicles. The owner must remove abandoned and junk
vehicles from the property. The City may impound such vehicles consistent
with the requirements in section 6 -4 of this code.
e. Storage and disposal of refuse. The storage and disposal of refuse must
comply with the requirements of section 9 -11 of this code.
f Animals. The owner must ensure that all animals are removed from the
property and handled in a humane manner.
g. Diseased, dead or hazardous trees. The owner must remove diseased, dead
or hazardous trees or branches from the property in accordance with section
9 -80 of this code.
h. Graffiti. The owner must remove all graffiti from the property in accordance
with section 9 -90 of this code.
i. Abandoned pools. Swimming pools must be maintained in good operating
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condition; treated to prevent pest harborage; or properly drained and
emptied. Swimming pools must be secured in accordance with section 3 -25
of this code.
j. Snon remova Suffici sn ow removal sliall be perfarm4 prop ertvto � FOrroattea. Font Italic
..
__.
i n,urc adcctuatc access to the building for fire or otheremcr by chicl
And to provide for JL(� f� Eia� ot,_publi, sidewalks or other public
th orough." t res connected to or affect by snow removal on the vacan
pro mrty.
(11) Removal ofgarbage and refuse. The owner of any vacant building, or vacant portion
thereof, must remove all garbage, refuse, rubbish, swig444iT-or other noxious-
materials from the vacant building and the property upon which the building is located.
(12) Police protections systems. The owner must properly maintain all alarm systems in
any vacant building or portion thereof in operating condition.
(13) Loitering, criminal activities. Loitering or engaging in criminal activities is not
allowed in the vacant building or on the real property upon which the vacant building is
located. The owner or responsible party must not allow these activities and take
immediate actions to eliminate these conditions once notified by the City.
(14) Emergency Abatement. The building official may authorize immediate abatement of
any public nuisance or maintenance item if, in the discretion of the building official,
emergency circumstances exist that present an imminent threat to the public health and
safety.
(15) Other Codes. All other City codes and applicable regulations must be complied with.
{9) { ) No occupancy or trespass. No person may trespass, occupy or reside in, on at Fo atted: Bullets a Num bering
temporary or permanent basis, any vacant building without the owner's consent.
{ ih -)(Z _Vandalism or removal of items prohibited. No person may vandalize or remove items
from a vacant building or the property upon which it is located, including, but not limited
to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's
consent.
(+)(jJ_ Any person or responsible party aggrieved by a decision under sections 3-
35(a) through (h) may appeal to the City Council. The appeal must be in writing, must
specify the grounds for the appeal, and must be submitted to the City Manager within ten
business days of the decision that is basis of the appeal.
{J) <i Penalties. Any person or responsible party who violates sections 3 -35(a) through (h) is
guilty of a misdemeanor and punishable as such. Nothing in sections 3 -35(a) through 0),
—8—
however, is deemed to impair other remedies or civil penalties available to the City under this
code or state law, including, but not limited to, Minn. Stat Sections 463.15 through 463.261.
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the day of 1 2010.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope- Golden Valley Sun -Post the day of 2010.)
1 .1f __➢ 'fILRS_a1)'OF NEW HOPL`-40147 (VAC:A\'I 'R )MCMITR.'+TION OFIACMT BUIM ORDiNANC67 RED LINRDZD .
ORDINANCE NO. 10-
AN ORDINANCE AMENDING CHAPTER 3
OF THE NEW HOPE CITY CODE BY REQUIRING
REGISTRATION OF VACANT BUILDINGS
The City Council of the City of New Hope ordains:
Section 1 . Section 3 -35 "Registration of vacant buildings." of the New Hope City Code is
hereby added to read as follows:
Sec. 3 -35. Registration of vacant buildings.
(a) Policy. The purpose of sections 3 -35(a) through 0) is to protect the public health,
safety, and welfare of the City by establishing a program for the identification and
regulation of vacant buildings, to determine the responsibilities of owners of vacant
buildings and provide for the administration, enforcement, and penalties associated with
the same.
(b) Findings. Vacant and abandoned buildings are a major cause and source of blight in
residential and non - residential neighborhoods, especially when the owner or responsible
party of the building fails to actively maintain and manage the building to ensure it does
not become a liability to the neighborhood. These types of buildings often attract
transients, homeless people, trespassers, and criminals, including drug abusers. Neglect of
vacant and abandoned buildings, as well as their use by transients and criminals, creates a
risk of fire, explosion, or flooding for the vacant building and adjacent properties. Vacant
and abandoned properties are often used as dumping grounds for junk and debris and are
often overgrown with weeds and grass. Vacant and abandoned buildings that are boarded
up to prevent entry by transients and other long -term vacancies discourage economic
development and retard appreciation of property values. There is a substantial cost to the
City for monitoring these buildings whether or not they are boarded up. This cost should
not be borne by the general taxpayers of the community but rather these costs should be
borne by those who choose to leave their buildings vacant and abandoned.
(c) Definitions. For the purposes stated in section 3 -35 of this code, "vacant building"
and "abandoned building" shall be defined as follows:
(1) Vacant building. A building temporarily unoccupied by an owner or renter for a
period greater than two months. The vacancy may be due, but not limited to,
vacation purposes, changes in ownership or marketing the property for sale or
lease. The building may or may not be monitored by the owner or the owner's
agent which may include but not be limited to an individual, a property
management company or a realty company.
—1—
(2) Abandoned building. A building that is not being actively monitored or maintained
by the owner or the owner's agent nor can contact be made with the owner or the
owner refuses to maintain the property after being notified accordingly.
(d) Registration Process.
(1) Application. The owner or responsible party must register a vacant building with the
City no later than thirty (30) days after the building becomes vacant. The registration
must be submitted on a form provided by the City and shall include the following
information supplied by the owner:
a. The name, address, home /work/cell telephone number, and email address, if
applicable, of each owner or the owner's representative;
b. The names, addresses, home /work/cell telephone numbers, and email
addresses, if applicable, of all known lien holders and all other parties with
any legal interest in the building;
C. The name, address, home /work/cell telephone number, and email address, if
applicable, of a local agent or person responsible for managing or
maintaining the property;
d. The legal description, tax parcel identification number, and street address of
the premises on which the building is situated;
e. A description of the premises, including the common address of the property;
f. The period of time the building is expected to remain vacant, a property plan
and timetable for returning the building to appropriate occupancy or use and
a timetable for correcting code violations and nuisances or for demolition of
the building;
g. The status of water, sewer, natural gas and electric utilities;
(2) Property Plan. The property plan identified in section 3- 35(c)(I)f. must meet the
following requirements:
a. General provisions. The plan must comply with all applicable regulations and
meet the approval of the building official. It must contain a timetable
regarding use or demolition of the property.
b. Maintenance of building. The plan must identify the means and timetable for
addressing all maintenance and nuisance- related items as specified in section
—2—
3 -35(g) of this code which are identified in the application. Any repairs,
improvements or alterations to the property must comply with all applicable
building codes and City regulations.
C. Plan Changes. The owner must notify the building official of any changes in
the information supplied as part of the vacant building registration within
thirty (30) days of the change.
(3) Non - compliance and Notif cation. If the owner does not comply with the property
plan or maintain or correct nuisance items, the City may commence abatement and
recover its costs for correction of those items in accordance with Minn. Stat. § §463.15
through 463.261. In the case of an absent owner and ongoing nuisance items, the City
need not provide notice of each abatement act to the owner. A single notice by the City
to the owner that it intends to provide ongoing abatement until the owner corrects the
items will be sufficient notice.
(4) Exemptions.
a. Casualty Damage. A building that has suffered any type of casualty damage
is exempt from the registration requirement for a period of ninety (90) days
after the date of the casualty if the owner submits a request for exemption in
writing to the building official. A request for exemption must be approved
by the building official and include the following information supplied by
the owner:
i. A description of the premises;
ii. The name and address of owner or owners;
in A statement of intent to repair and reoccupy the building in an
expeditious manner and the time frame for completion;
iv. Actions the owner will take to ensure the property does not become a
nuisance for the neighborhood.
b. Seasonal Residence. Those persons who leave their residential buildings on a
temporary basis for vacation purposes or to reside elsewhere and have the
intent to return are exempt from the registration requirement. Exemption for
a seasonal residence will be granted with proper verification.
(5) Fees. The owner must pay a one time registration fee. The registration fee shall be
set out in Chapter 14 of this code. The registration fee shall be reasonably related to the
administrative costs for registering and processing the registration form and for the
—3—
costs of the City in monitoring the vacant building site. The fee must be paid in full
prior to the issuance of any building permits or licenses, with the exception of a
demolition permit. This fee shall be waived if the vacant building registration is made
in conjunction with a point of sale inspection per section 3 -32(c) or a business use
certificate of occupancy inspection per section 3 -33(f) of this code.
(6) Waiver of Fee. The registration fee may be waived if the owner or responsible party
has paid all past due registration fees and all other financial obligations and debts owed
to the City that are associated with the vacant property and demonstrates, to the
satisfaction of the city manager or the manager's designee:
a. that the property is or will be re- occupied, with the exception of demolition,
within 180 days of becoming vacant and either
b. that he or she is in the process of demolition, rehabilitation, or other
substantial repair of the vacant building; or
C. that he or she has a plan for the demolition, rehabilitation, or other substantial
repair of the vacant building in a period of time that is deemed reasonable to
the building official.
(7) Assessment. If the registration fee or any portion is not paid within 60 days after
billing, or within 60 days after any appeal becomes final, the City Council may certify
the unpaid cost against the property in accordance with the process set forth in Minn.
Stat. §429.101.
(8) Issuance of Permit. Upon completion of the registration process and payment of the
fee, the City will issue a Vacant Structure Permit to the owner. The owner must
securely post the permit on the vacant building, if possible, on a side entrance door that
is not generally visible from the public street. If no side entrance door is available, the
permit must be securely posted on another available entrance door. If the property is
abandoned or the owner or responsible party fails to complete the registration process,
the property will be administratively registered as a vacant property.
(e) Change of ownership. Anew owner(s) must register or re- register a vacant building under
section §3 -35(c) of this code within thirty (30) days of any transfer of an ownership interest
in a vacant building. If the new owner does not proceed to make plans to occupy the
building within thirty (30) days of the transfer, the new owner(s) must submit a new
property plan for the building with a timetable for completion of said plan.
(f) Inspections. The City may inspect any vacant building in the City for the purpose of
enforcing and assuring compliance with sections 3 -35(a) through 0) of this code and other
applicable regulations. Upon the request of the building official, an owner or responsible
party must provide access to all interior portions of the building and the exterior of the
property in order to complete an inspection. If the owner or responsible party is not
C�
available to provide access to the interior of the building, the City may use any legal means
to gain entrance to the building for inspection purposes. Prior to anyre- occupancy, a vacant
building must be inspected by the City and found to be in compliance with all regulations
of Chapter 3 of the City Code and all other applicable regulations. All application and
reinspection fees must also be paid prior to any reoccupancy of the building. All such fees
are set out in Chapter 14 of this code.
(g)Maintenance of vacant buildings. The owner must comply with and address the following
items in the property plan, as described in section 3- 35(c)(2) of this code:
(1) Appearance. All vacant buildings must be so maintained and kept that they appear to
be occupied.
(2) Securing. All vacant buildings must be secured from outside entry by unauthorized
persons or pests. Security must be by the normal building amenities such as windows
and doors having adequate strength to resist intrusion. All doors and windows must
remain locked. There shall be at least one operable door into every building and into
each housing unit. Exterior walls and roofs must remain intact without holes.
a. Architectural (Cosmetic) Structural Panels. Architectural structural panels
may be used to secure windows, doors and other openings provided they are
cut to fit the opening and match the characteristics of the building.
b. Temporary Securing. Untreated plywood or similar structural panels or
temporary construction fencing may be used to secure windows, doors and
other openings for a maximum period of 14 days.
"Artistic" board -up. With prior approval of the building official, artistic
options may be utilized to secure a vacant building.
d. Emergency securing. The building official may take steps to immediately
secure a vacant building at his or her discretion in emergency circumstances
per section 3- 34(c)(3) of this code.
(3) Fire Safety.
a. Fire protection systems. Owners of non - residential vacant buildings must
maintain all fire protection systems, appliances and assemblies in operating
condition and maintain monitoring of all systems per procedures approved
by the West Metro Fire District..
b. Removal of hazardous and combustible materials. The owner of any vacant
buildingmust remove all hazardous material and hazardous refuse that could
constitute a fire hazard or contribute to the spread of fire.
—5—
(4) Plumbing fixtures. Plumbing fixtures connected to an approved water system, an
approved sewage system, or an approved natural gas utility system must be installed in
accordance with applicable codes and be maintained in sound condition and good
repair or removed and the service terminated in the manner prescribed by applicable
codes. The building's water systems must be protected from freezing.
(5) Electrical. Electrical service lines, wiring, outlets or fixtures not installed or
maintained in accordance with applicable codes must be repaired, removed or the
electrical services terminated to the building in accordance with applicable codes.
(6) Lighting. All exterior lighting fixtures must be maintained in good repair, and
illumination must be provided to the building and all walkways in the same manner as
provided at the time the building was last occupied or as otherwise provided in the
approved vacant building plan.
(7) Heating. Heating facilities or heating equipment in vacant buildings must be
removed, rendered inoperable, or maintained in accordance with applicable codes.
(8) Termination of utilities. The building official may require that water, sewer,
electricity, or gas service to the vacant building be terminated or disconnected. Prior to
the termination of any utility service, written notice must be given to the owner. No
utility may be restored until consent is given by the building official. Utilities may be
discontinued at the request of the owner or responsible party as part of the approved
vacant building property plan. The building official may authorize immediate
termination of utilities at his or her discretion in emergency circumstances.
(9) Signage. Obsolete or unused exterior signs and installation hardware must be
removed. Holes and penetrations must be properly patched and painted to match the
building. Surfaces beneath the signs that do not match the building must be repaired,
resurfaced, painted or otherwise altered to be compatible with the building surfaces. All
signs must be maintained in good condition and in compliance with section 3 -50 of this
code.
(10) Exterior maintenance. The owner must comply with all applicable property
maintenance regulations and City codes including, but not limited to, the following:
a. Public nuisances. The owner must eliminate any activity on the property that
constitutes a public nuisance as defined by Minn. Stat §609.74 or any
section of this code.
b. Grass and weeds. Any weeds or grass must be no greater than six (6) inches
in height.
C. Exterior structure maintenance. The owner must maintain the vacant
building in compliance with the City's Property Maintenance Code set out in
sections 3 -30(a) through (e) of this code.
d. Abandoned or junk vehicles. The owner must remove abandoned and junk
vehicles from the property. The City may impound such vehicles consistent
with the requirements in section 6 -4 of this code.
e. Storage and disposal of refuse. The storage and disposal of refuse must
comply with the requirements of section 9 -11 of this code.
f. Animals. The owner must ensure that all animals are removed from the
property and handled in a humane manner.
g. Diseased, dead or hazardous trees. The owner must remove diseased, dead
or hazardous trees or branches from the property in accordance with section
9 -80 of this code.
h. Graffiti. The owner must remove all graffiti from the property in accordance
with section 9 -90 of this code.
i. Abandoned pools. Swimming pools must be maintained in good operating
condition; treated to prevent pest harborage; or properly drained and
emptied. Swimming pools must be secured in accordance with section 3 -25
of this code.
j. Snow removal. Sufficient snow removal shall be performed on the property to
insure adequate access to the building for fire or other emergency vehicles
and to provide for the safe use of public sidewalks or other public
thoroughfares connected to or affected by snow removal on the vacant
property.
(11) Removal ofgarbage and refuse. The owner of any vacant building, or vacant portion
thereof, must remove all garbage, refuse, rubbish, or other noxious materials from the
vacant building and the property upon which the building is located.
(12) Police protections systems. The owner must properly maintain all alarm systems in
any vacant building or portion thereof in operating condition.
(13) Loitering, criminal activities. Loitering or engaging in criminal activities is not
allowed in the vacant building or on the real property upon which the vacant building is
located. The owner or responsible party must not allow these activities and take
immediate actions to eliminate these conditions once notified by the City.
(14) Emergency Abatement. The building official may authorize immediate abatement of
any public nuisance or maintenance item if, in the discretion of the building official,
emergency circumstances exist that present an imminent threat to the public health and
—7—
safety.
(15) Other Codes. All other City codes and applicable regulations must be complied with.
(h)No occupancy or trespass. No person may trespass, occupy or reside in, on a temporary or
permanent basis, any vacant building without the owner's consent.
(i) Vandalism or removal of items prohibited. No person may vandalize or remove items from
a vacant building or the property upon which it is located, including, but not limited to,
appliances, fixtures, electrical wiring, copper, or other similar items without the owner's
consent.
(j) Appeal. Any person or responsible party aggrieved by a decision under sections 3 -35(a)
through (h) may appeal to the City Council. The appeal must be in writing, must specify the
grounds for the appeal, and must be submitted to the City Manager within ten business days
of the decision that is basis of the appeal.
(k) Penalties. Any person or responsible party who violates sections 3 -35(a) through (h) is
guilty of a misdemeanor and punishable as such. Nothing in sections 3 -35(a) through 0),
however, is deemed to impair other remedies or civil penalties available to the City under this
code or state law, including, but not limited to, Minn. Stat Sections 463.15 through 463.261.
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the day of , 2010.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
To: Planning Commission
Curtis Jacobsen, Director of CD
Cc: Steve Sondrall, City Attorney
Al Brixius, Planning Consultant
From: Eric Weiss, CD Assistant
Date: January 27, 2010
Subject: Rental Conversion Fee
47 DAM
Staff has been reviewing the Rental Registration Program (Section 3 -31 of the New Hope City
Code) since June 2009. Since November of 2009 the Codes and Standards Committee has been
reviewing the Rental Registration Program, specifically focusing on the rental conversion fee.
This review was initiated after numerous residents and property owners complained about the
$1,000 conversion fee. The fee is applied to any property owner that converts an owner -
occupied unit to a rental unit. The fee was approved in late 2008 and enacted in January 2009.
The city has received numerous complaints, both verbally and in writing (attached). The most
common complaint is that the owner feels little is received for the large fee amount. It should be
noted that the $1,000 fee is on top of the $70 annual rental registration fee charged for all rental
properties. An inspection is included in the rental registration fee. The rental registration and
the rental conversion inspection are essentially the same inspection in which the city inspects for
compliance with the minimum standards set forth in the property maintenance code. It is
perceived by many that the rental conversion fee is punitive and has no identifiable connection
to the city's cost of administering the program.
The Community Development Department is unaware of any problems or complaints with the
remainder of the Rental Registration Program and as such, the Planning Commission is asked
only to review the rental conversion fee at this time. The Codes and Standards Committee
intends to review the remainder of the Rental Registration Program in the near future and will
provide the Planning Commission with updates at that time. The inspections staff has noted
that rental properties have vastly improved since the rental program was enacted three years
ago.
The Codes and Standards Committee is recommending the code be amended to provide for a
smaller initial fee and a partial refund if property owners complete a course provided by the
Minnesota Multi- Housing Association. Codes and Standards is recommending the fee be
lowered from $1,000 to $400. If the owner completes the course, "The Fundamentals of Rental
Property Management in Minnesota ", the city will refund the property owner $150. Providing
this refund opportunity will hopefully encourage property owners to take the course. The
course is very beneficial to individuals who are not experienced landlords, but, because of the
economy, have limited options for their property. The cost of the course is $49. The city of
Robbinsdale has approved a similar approach to their rental conversion program.
Recommendation:
Staff and the Codes and Standards Committee recommend the changes set forth in the draft
ordinance.
Attachments:
• Draft ordinance
• Letters of complaint
• "Fundamentals of Rental Property Management in Minnesota" Table of Contents
4
ORDINANCE NO. 10-
AN ORDINANCE AMENDING NEW HOPE
CODE SECTIONS 3- 31(e)(7) AND 14 -2(10)
BY REDUCING THE POINT -OF- CONVERSION
INSPECTION FEE FOR RENTAL PROPERTY
The City Council of the City of New Hope ordains:
Section 1 . Section 3- 31(e)(7) "Point -of- conversion inspection" of the New Hope City Code
is hereby amended to read as follows:
(7) Point -of- conversion inspection. Whenever a dwelling unit is converted to rental
usage, the dwelling unit shall be promptly inspected for compliance with the minimum
standards set forth in section 3 -30 of this Code. The fee for the "point -of- conversion"
inspection required by the conversion of a dwelling unit to rental usage is set out in
section 14 -2(10) of this Code. This fee shall be in addition to the annual rental property
registration fee for rental property. $1.50.00 of the conversion fee shall be waived or
reimbursed to the property owner if the owner or the owner's property manager completes
the Minnesota Multi - Housing Association's rental housing orientation program called
"The Fundamentals of Rental Property Management in Minnesota" or all equivalent City
gpproved program To obtain the $150.00 fee waiver or reimbursement the property
owner or owner's agent must provideproof of attendance to a housing orientation
program within the previous 12 months or subsequent 12 months of the property's
conversion to rental and there have been no reports of disorderly behavior per section 3-
31(i) of this code against any properties owned by the same property owner in the City
within the previous 12 months of the waiver or reimbursement.
Section 2 . Section 14 -2(10) "Rental property registration fee" of the New Hope City
Code is hereby amended to read as follows:
(10) Rental property registration fee. The annual fee amounts for the rental property
registration required by section 3 -31 of this Code shall be determined according to the
following fee grid:
Rental Units in
Annual Registration Fee
Annual Registration Fee
Building
(Best Practices participant only)
Single- family
$72.50
N/A
Two - family
$145.00
N/A
$145.00 per building plus $20.00
$72.50 per building plus $11.00
Three or more
for every unit therein
for every unit therein.
—1—
Double fee. If registration is not made within the time set forth in section 3 -31, the fee shall
double as required by subsection 3- 31(e)(5) of this Code.
Point -of- conversion inspection fee is $4-,000100.00. $150.00 of this fee shall be waived or
reimbursed to the property owner if the conditions of section 3- 31(e)(7) of this Code are
satisfied. This is a one time fee for the conversion of a dwelling unit to rental usage per
section 3- 31(e)(7) of this Code.
Section 3
publication.
Dated the
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the
P: ATTORNEY',SAS' I CLIENT FILES`d CITY OF NEW HOPM9940150 (AMEND RENTAL CONVERSION FEE) \ORDINANCE D1.DOC
Effective Date. This Ordinance shall be effective upon its passage and
day of
2010.
Kathi Hemken, Mayor
day of
2010.)
—2—
- I - -
Jacobsen Curtis
From: Lisa Peilen flisa.peilen @mmha.com]
Sent: Friday, November 21, 2008 2:56 PM
To: Opem Martin; Elder John; Hoffe Andy; Nolte Karen; Stauner Daniel
Cc: Jacobsen Curtis; Tatra Chuck
Subject: Proposed Rental Housing Ordinance
I am writing to comment on provisions of an ordinance being considered by the City Council at the November 24th
meeting. My comments are made on behalf of the Minnesota Multi Housing Association, a non - profit trade association
of over 2,000 rental property owners and managers representing over 250,000 rental units throughout Minnesota.
One provision of the proposed ordinance would implement a $1,000 conversion inspection fee when a single family
property is converted to a rental property. What is the intended purpose of this ordinance? Is there a specific problem
which it is intended to address? Please be aware that this fee will also impact city residents who may be trying to rent
a property they cannot sell in today's challenged real estate market. Further, homes that cannot be rented may be left
vacant, which may have negative consequences for their respective neighborhoods.
We also believe that the $1,000 fee amount seems very high, a fee is intended to cover costs and a thorough
inspection can be made of a single family property for well under this amount. It is true that the City of Minneapolis
adopted a conversion fee of $1,000, but the City of Brooklyn Park, which is more comparable in size to New Hope,
adopted a $500 conversion fee. A conversion fee has also been discussed in the City of Coon Rapids, they began by
considering a $1,000 fee but after discussion by the Mayor and Council it appears that they will adopt a lower fee
amount. Should you decide to move forward with this provision, we hope you will consider a fee that is commensurate
with the actual cost of inspection and is not burdensome to property owners.
The ordinance also contains a provision requiring property managers to attend Crime Free training every three years.
We do not object to Crime . Free training, but it is an eight hour course, and to require property managers to take it
every three years puts quite a burden on them. Property managers may take many classes, we offer over 100
different classes annually. The principles of Crime Free are the same year after year, we do not believe that property
managers need to take the class so frequently. I am not aware of any other community that requires property
managers to repeat this training. We encourage you to consider eliminating this provision or at the very least
lengthening the required cycle.
We appreciate your willingness to consider our concerns. I am sorry that I am not able to attend the Council meeting,
I am already committed to working with another city council that evening. Please know that our association stand
willing to work with you on any issues affecting our industry. We are committed to the same goal of quality rental
housing, and we want to partner with you to work together to achieve that mutual goal. Please feel free to contact me,
my direct line phone number is 952.548.2217, and my e-mail address is lisa peilen(a,mmha.com Thank you.
LISA PEILEN, DIRECTOR OF MUNICIPAL AFFAIRS
MN Multi Housing Association (MHA)
1600 W 82nd Street, Suite 110, Bloomington, MN 55431
Direct: (952) 548.2217 or Main: (952) 854.8500
Visit MHA online at www.mmha.com
Have you heard? We moved to a new suite and building within Southpoint Office Center!
Effective immediately, our new address will be: 1600 W 82 Street, Suite 110.
11/21/2008
Jacobsen Curtis
From: Andrew D Becker [andrew.d.becker @ampf.com]
Sent: Friday, January 23, 2009 4:47 PM
To: Jacobsen Curtis
Subject: RE: FW: Rental Registration Fee
To The City of New Hope,
My name is Andrew Becker and I currently own a 1 Bedroom Cando in New Hope. I was thinking about renting out my condo
and buying a house to take advantage of the current home market environment. I called the City last week to find out
the procedure to register my condo as a rental and was shocked to find out there is a $1000 fee to register it. The
representative I talked to said this fee was added this month because the City is trying to curb so many people from
renting during these tough times with all the foreclosures going on. I later talked to Curtis Jacobsen and he informed
me the fee was set -up to cover the costs of converting single family homes to rentals. My understanding is that there is
also an annual fee of $67 to cover the periodic inspections of the units by the City. I am also well aware that when you
rent out your residence you have to pay Non - Homestead property taxes. I understand the annual fee to cover
inspections, and it's very reasonable, but what I don't understand is the very large fee of $1000 to convert a home into a
rental. Somebody needs to explain to me what exactly all the costs are to the City for me to rent out my condo. If you
want us to pay a $25 form filing fee to cover the paperwork to do it that's fine. To me it seems like the City is fleecing
us right now at a time we can't afford to be fleeced. If this is truly being done to curb renting in the City it's not going
to work at all. The people that are looking to rent are going to rent somewhere regardless. If my unit is not available
they will find someone else who is willing to rent to them, these people are not in a position to buy anyway. I, myself,
would like to buy a home right now, but if you start piling fees on me to rent my place out it may prevent me from
buying another home on the market and therefore keeping the supply high and the demand lower - simple economics.
Now if I decide to rent my place out anyway and pay the fee I guarantee you I won't be looking to buy another house
in the City of New Hope.
I have talked to numerous other Cities in the area regarding this and none of them currently charge a one time fee like this. I urge
you to take action and either lower or remove this fee immediately. It's safe to say that many people in the City would back me on
this.
Thanks for your consideration in this matter,
Andrew Becker
Andrew D. Becker, CRPC
Asset Management Regional Sales Director
Representing RiverSource Funds
RiverSource Distributors, Inc.
Ameriprise Financial Services, Inc.
9493 Ameriprise Financial Center
Minneapolis, MN 55474
Office: 888.671.3237 opt 4 1 Fax: 612.678.2037
andrew.d.becker @ampf.com
01/26/2009
Dear Whom Who May Concern:
I'm a New Hope resident for 10 years. We recently move to different city (right before the
market collapsed in September). We listed the house since and lower the price many times but
is still unable to sell. The last option for us is to rent it until the market getting better. I found
down that we have to pay a 1000 dollar for renting unit. I understand the city try to limit
number of renting units in New Hope by this fee but I don't think it is a solution for today's
economic status. I believe it only make the bad become worst. I don't want to be a landlord if I
can sell my house enough to pay off the mortgage and realty fee. I understand you care about
security and integrity of the city an I do. That why we hire a property management to look for a
qualified tenants who will take care of my property and the community. With this fee imposed,
we may have to look for a tenant without a professional help which we have to pay a fee (about
1300 dollar). By doing this we may not find a good tenant who may do harm thing to my
property and the community. We are not an investor. We are just moving out at the bad
economic time and we try to avoid another foreclosure which is a huge problem for our
economy and housing market today. Please reconsider this kind of fee that give us another
burden.
Thanks for your consideration
Binh Nguyen
3733 Hillsboro Ave N
1/21/09
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unnne roan: txcessive ana unfair tcenLai rermu rue
- ,
Jacobsen Curtis
From:
Hemken Kathleen
Sent:
Saturday, January 24, 2009 6:41 PM
To:
Jacobsen Curtis
Subject: FW: Online Form: Excessive and Unfair Rental Permit Fee
Curtis, I think we will be getting lots of these. Perhaps we need to rethink this. Kathi
From: luckycl @msn.com [mailto:luckycl @msn.com]
Sent: Fri 1/23/2009 10:21 PM
To: Hemken Kathleen
Subject: Online Form: Excessive and Unfair Rental Permit Fee
97.116.143.84
Carey A. Luckeroth
I am writing to express my concern to the new $1000 fee charged by the city for rental permits. This fee is excessive and unfair and has caused
me an additional financial burden. I think this fee should not be be assessed an owner that has lived in the house and now must rent it because
they are unable to sell it in the current housing market. The fee should only be assessed real estate investors that are buying property for the
purpose of owning and renting the property as rental property.
I lived and owned the property at 79015 1 st Ave No. for 13 years. I use a wheelchair and this property was barrier free and totally handicap
accessible. However, because of better handicap transportation options in the city of Mpls, i.e. light rail, more frequent buses, skyway systems,
7 day a week metro mobility transportation, etc., I moved to downtown Mpls. I have been unable to sell the New Hope property for over a year
because of the current slump in the housing market. A current need for handicap housing existed for a young couple that will need to care for
their father who recently suffered a stroke and is currently confined to a wheelchair. We have signed a one year lease with this couple and after
the years lease has expired may again put the house on the market for sale.
Thank you for your consideration in this matter and any action you can provide to reduce or eliminate this fee for situations such as the above
would be greatly appreciated.
01/26/2009
11•
In regards to: Rental Conversion Fee
New Hope City Counsil
4401 Xylon Ave. N.
New Hope, MN 55428
Attention: Curtis Jacobsen
Dear New Hope City Counsil Members:
I am writing to request a waiver or reduction of the $1000.00 Rental
Conversion Fee. I purchased my condo at 2710 Rosalyn Court in November of
2006. At that time, it was not my intent to invest in rental property, but to live
in it as my primary residence. I have lived here since purchase. I have recently
accepted a new job in the Brainerd Area. I had hoped to sell my home, but in
speaking to my Realtor I would lose a significant amount of money in doing so.
There are several new condo conversions still available for sale in the complex
and one condo in foreclosure. These factors are driving the price for resale
down.
I find myself in a position of having to rent the property out. Again, it is
not my desire to keep this as a rental investment long term. I will be paying
someone locally to manage the property giving the renter ready access to the
manager and ensuring that the property will be monitored frequently. My hope
is that the housing market will turn and I will be able to sell the property in the
next couple of years. In the mean time, I am trying to purchase a home in the
Brainerd Area and find finances are tight.
Thank you for taking the time to consider my request to waive or reduce
the Rental Conversion Fee. It would help me considerably and be greatly
appreciated. Please feel free to contact me. if you have questions regarding this
request. I will send in my application for the Rental Registration Permit as soon
as I receive a response from the Counsil.
• Vogel
f Rosalyn Ct #203
New Hope,
651-308-1381
cc: Mayor, Kathy Hempken
3657 Maryland Ave N
New Hope, MN 55427
2/4/2009
Mr. Curtis Jacobson
City of New Hope
4401 Xylon Ave. N.
New Hope, MN 55428
Dear Mr. Jacobson:
I recently received a letter regarding registration of property I own (in a limited
partnership) located next to the Pet Hospital. I registered the property located at 8115
Bass Lake Road for "annual registration" and remitted the sum of $33.75. The letter
from your office dated January 16, 2009 is asking for remittance of an additional
$1000.00 for "paint -of- conversion" inspection. I am opposed to this fee and will explain.
My veterinary hospital and business have been located next to the house in question for
over 20 years. Over the past two years the condition of the property deteriorated to the
point my staff would not walk hospitalized pets near the bordering fence because of
putrid smells. This past summer, my partner and I were able to purchase the property in
foreclosure. We spent many thousands of dollars removing refuse and garbage, updating
electrical and plumbing, painting the walls, finishing the floors, and many other updates.
We also completed all listed items required by the city's inspector to have funds released
that were escrowed at closing.
After all this, I am now asked to pay another one thousand dollars to the city for
something called "point -of conversion" inspection. Two issues I wish for you to
consider. One, the fee seems exorbitant. Two, this property was being used as rental far
before I became its owner.
I would be very happy to discuss my experience and opinions with the city council.
Thank you for your consideration.
Sincerely
Dr. Rick Cameron
Bass Lake Pet Hospital
8119 Bass Lake Road
New Hope, MN 55428
763 -535 -4250
4/13/09
To Members of the New Hope City Council and city employees:
I'd like to express my disappointment with the City's code requiring a payment of
$1000.00 for a "rental conversion fee." To anyone who would like to look I have
enclosed a cd of pictures of the property prior to expending many thousands to clean it
up. Also, more thousands were spent to accommodate inspection compliance; and still
more thousands spent to make aesthetically pleasing upgrades.
So we spend a lot of money to take a dump and improve the property tremendously, only
to find out we owe a thousand to the city for a "rental conversion fee." I guess the point
is don't be a landlAd in New Hope.
Sin ely,
Rick Cameron
Bass Lake Pet Hospital
8119 Bass Lake Road
New Hope, MN 55428
C e Glzl_�
Michelle Williams
13220 57` Ave N
Plymouth, MN 55442
March 18, 2009 '
Mayor Kathi Hemken
City of New Hope
4401 Xylon Ave N,
New Hope, MN 55428
Dear Mayor Hemken:
I am writing to file a complaint about the recent addition of a $1,000 fee to register a residential property as
a rental. Here's some background in supporting my complaint:
My husband and I own a home in New Hope that we've been trying to sell for almost two years now.
We've had a few temporary renters that didn't work out. Instead of foreclosing on the property we've
found a renter with strong potential of purchasing within the first year given the first time home buyer
credit. When my husband went to the City of New Hope office to register the property as a rental, although
temporary and it is not our intention to keep as a rental, we were informed of this new fee. Obviously if we
couldn't afford to pay the mortgage on the property resulting in finding a renter who could, we certainly
cannot afford the fee of $1,000. In addition, not one person in the office of the City of New Hope has been.
able to provide details on what this fee is paying for. I recently spoke to Curtis Jacobsen about this
situation and all he had to say is that quite a few other cities are also charging this fee so it's not
unreasonable to charge.
Based on my conversation with Curtis, I did some research with other cities such as Plymouth, Maple
Grove; Brooklyn Park, Golden Valley, Crystal and Minneapolis. With the exception of Minneapolis, all of
these mentioned cities had annual fees ranging from $50 to $150. I can understand why the city of
Minneapolis may need to assess an additional fee of $1,000 given the crime in those areas and rental
,properties have the potential to add to this creme but are we comparing the city of New Hope to
Minneapolis now?
My intention was to not add another foreclosed property to the city of New Hope so I found a renter. My
husband and I are actually taking a loss on the rent we're charging as we'll need to come up with a Iarge .
portion of the semi- annual taxes and insurance that will be due this fall but we're hoping by then the renter
will be in a better position to buy. I'm asking for an exception to not pay the $1,000 fee to register as a
rental property, as again, it's not my intent to keep it as such.
I understand several complaints have been provided and this was already a recent topic for additional
consideration with the city council members but was denied. I'm asking for an exception on behalf of my
family. Thank you for your consideration and I look forward to hearing from you either by mail at the
address above or by phone 763.300.5015.
Sincerely,
Michelle 'Williams
Jacobsen Curtis
From:
Hemken Kathleen
Sent:
Wednesday, April 22, 2009 9:04 PM
To:
Jacobsen Curtis
Subject:
FW: Online Form: Rental conversion fee
Curtis, don't know if you recieved this. Thought I would pass it on. Kathi
From: briangarydoyle @yahoo.com [ mailto:briangarydoyle @yahoo.com]
Sent: Tue 4/21/2009 5:15 PM
To: Hemken Kathleen
Subject: Online Form: Rental conversion fee
75.168.2.55
Brian Doyle
Kathi:
I recently became aware of the $1000 fee to obtain a first -time rental permit for apartments and condos. I can only comment from my
perspective and experience, but I was shocked and disappointed. No doubt there are arguments for such a fee, but it seems to me that
there is more downside for the city, its residents and potential investors.
I have recently purchased three foreclosed condos in New Hope. These units were all unoccupied for an extended period and, at least
one was in major disrepair.
In making any investment decision, I consider the asking price, repair costs, ongoing expenses and future rents. To put the $1000 fee
in perspective relative to a one or two bedroom condo — this amount is equivalent to one and half month's rent -- or half the cost of
new kitchen cabinets -- or most of a bathroom remodel — or almost a full year of property tax.
Imposing an upfront $1000 expense is not favorable to the purchase of property in New Hope —in fact it is a deterrent. During this
period of home vacancies and potential neighborhood decay, it seems that the city should be promoting the transfer, conversion and
improvement of property not putting up roadblocks. This fee will hurt the little guy and not the major corporations. It will discourage
people from contacting the city when they plan on renting. It will take money away from the renovation budgets.
If it is deemed that some conversion fee, beyond the annual rental permit, is absolutely necessary, then perhaps it could be based on
the selling price with a ceiling amount. Also, the nature of the property could be considered. Since some units, such as condos, are
already similar in appearance to apartments, why impose any fee?
I would like to see this regulation repealed and fees returned to the property owners.
If you would like further information on my situation please call or email me.
Thank you
Brian Doyle
cell - 612 -532 -4663
Jacobsen Curtis
From:
Sylvester Pam
Sent:
Wednesday, August 12, 2009 8:40 AM
To:
Jacobsen Curtis
Subject:
FW: application
Curtis,
Can you please respond to this?
Thanks
Pam
From: TOM GUTZWILLER [mailto:gutzwillerl0 @yahoo.com]
Sent: Wednesday, August 12, 2009 7:49 AM
To: Sylvester Pam
Subject: Re: application
Hello,
I currently have several rental properties, one being in New Hope, which none of the others are charging
$1000 extra for what... This
fee should be eliminated.. I don't no who and why this was passed, for then you should charge every resident in
New Hope same fee.. See what they say.... I'm debating about turning this over
to a Lawyer, and fighting for the fee to be returned... For if one
party is charged, then everyone in community of New Hope should
be charged...
Please explain to me what you plan on doing with my $1000 dollars, and if not I would like a refund of the
amount.. before
consulting with legal council.
Sincerely,
Tom Gutzwiller
9207 41 st Ave No ( Rental )
New Hope, Mn 55369...
Residing At:
7119 Willow Road North
Maple Grove, Mn 55369...
From: Sylvester Pam <psylvester @ci.new- hope.mn.us>
To: TOM GUTZWILLER <gutzwillerl0 @yahoo.com>
Cc: Jacobsen Curtis <Oacobsen @ci.new- hope.mn.us>
Sent: Thursday, July 30, 2009 2:24:38 PM
Subject: RE: application
Thomas,
As you know, each city has its own ordinances and staff must follow what the City Council dictates. The Council did
revisit the rental conversion ordinance in June and decided not to make any changes.
You are welcome to write a letter to the City Council to voice your opinion. You may address the letter to the City
Council and send it to the attention of: Curtis Jacobsen, Director of Community Development, and it will be forwarded to
the Council
Pam Sylvester
Community Development
763 - 531 -5110
From: TOM GUIZWILLER [mailto:gutzwiller10 @yahoo.com1
Sent:. Wednesday, July 29, 2009 11 :44 AM
To: Sylvester Pam
Subject: Re: application
Hello, Pam....
I've noticed as purchasing other properities in twin cities area, that other cities are not charging
$1000 fee
for so to speak rental conversion... I don't think this
is right that you doing this...
I heard you may be giving back $250 a year, is this
true...
Please pass this message to appropriate personal, for
in a recession, you should not be charging $1000 for
what.. I truely think this is wrong, as do most others
I've been talking to... Your not converting it, just having piece of paper state that...
Sincerely,
Thomas J Gutzwiller
612- 986 - 1650...
Bernard and Phyllis Johnson
8500 Tessinan Farrar Road 1Vortl7
Apartrrte»t 242
Brooh:11 Parr, MAT 55-1-15
Phone (763) 425-26 28
Dear Pam:
/7l" 1
w ew.
qr 6k,,, jj V 1 /0'7O -
I am enclosing the application for 2009/2010 Rental Registration
Permit, together with our check of $1070.00 to cover the registration fee
and the "point of conversion" inspection.
Is it that New Hope prefers home owners to remain in the homes,
rather than rent them out, that the fee is almost prohibitively high? We
will do our best to maintain the house as when we lived in it. And we
still hope than as soon as possible we may sell it.
Thank you for your patience and help.
Sincerely:
Bernard W. Johnson
J Table of Contents
. ter fi/�1pprcatwn artd Screening Basses .,
Written application forms
4
Using a professional screening company
4
Applicant screening criteria
4
Acceptable identification
5
Warning signs of a dishonest applicant
5
Application fees
6
Turning down an applicant
6
Fair housing
6
How to avoid discrimination claims
7
Securing personal information
7
Lead paint disclosure
7
Top 5 mistakes relating to screening
7
011e>r 3� Rrotect�ng >lt�orsetf and Your fnvestmeht
21
Lead paint disclosure
Personal protection when showing an apartment
16
Moving in
16
Resident's right to privacy
17
Know the neighbors
17
Police calls
17
Indications of potential drug activity
17
Graffiti
17
Insurance coverage
18
Hiring in compliance with the Kan Koskinen Statute
19
Financial resources
19
Top 10 mistakes that leave you unprotected
20
t � [��11�`t� at��[t�egU13�t411s
Exhibits:
Selecting a screening company 8
MHA member screening companies 9
Acceptable identification 10
Sample statement of adverse action or denial 11
Tips for securing personal information 12
y �2 �aand�Securt#y,Depostfs��,,,, W
Written lease 13
Lease terms 13
Top 5 mistakes regarding leases and security deposits 14
Exhibits:
Crime free lease addendum 15
JULY 2009
Rental property licensing and city inspections
21
Lead paint disclosure
21
Smoke and carbon monoxide detectors
21
Certificate of Rent Paid
23
Top 5 mistakes relating to regulations
23
aft
5�r�c!rgute Tenancyanc Evrct�ons . Y
Ending the tenancy and reasons for filing an Eviction Action 23
Return of security deposit
23
Normal wear and tear
2 3
Abandoned property
23
Refusal to vacate
23
Reasons for Filing an Eviction Action
24
How to file an Eviction Action in Minnesota
24
Top 20 mistakes in filing Eviction Actions
25
Exhibits:
Eviction action resource information 27
M AIN c" �Y�
Additional resources 28
Product order form 2 9
The Minnesota Multi Housing Association 31
2 THE FUNDAMENTALS OF RENTAL PROPERTY MANAGEMENT IN MINNESOTA
To: Planning Commission
From: Curtis Jacobsen, Director of Community Development
Date: January 29, 2010
Subject: Miscellaneous Issues
NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional
detail on Council /EDA actions on Community Development related issues or other city projects.
1. January 11 Council /EDA meeting — The following planning /development/housing items were
discussed:
• Ord 2010-01, an ordinance amending Chapter 10 of the New Hope City Code regulating
on -sale liquor licensing Adopted, see attached Council request.
• Discussion regarding loan request to assist with gas tank removal at 7231 42nd Avenue
Staff directed to seek additional information. See attached EDA request.
• Project #842, Resolution approving an amended and restated interim agreement between
Ryan Companies Inc and the New Hope EDA for the potential redevelopment of City
Center Approved, see attached EDA request.
January 25 Council /EDA meeting — The following planning /development/housing items were
discussed:
• Ordinance 2010 -02 An ordinance amending New Hope City Section 3- 50(j)(2) regulating
setback requirements for temporary signs Adopted, see attached Council request.
3. Codes and Standards Committee — The Codes and Standards Committee met on January 20 to
discuss the following issues: rental housing regulations, vacant property registration, and
massage licensing.
4. Design and Review Committee — The Design and Review Committee did not meet in January.
5. Temporary Sign Ordinance — Please see attached memo regarding a special thank you to
members of the Codes and Standards Committee and the Planning Commission for their work
and recommended changes to this ordinance.
b. Commission Vacancy — To date, three applications have been received for the open seat on the
Planning Commission, in addition to the previously interviewed applicant who is still interested.
The Council will conduct interviews before the February 8 Council meeting.
7. Planning Commission Minutes — Minutes from the January 5 Planning Commission meeting
are attached for your review. Please remember that all approved minutes are posted on the city's
website.
Miscellaneous Issues Page 1 12/31/09
8. If you have any questions on any of these items, please feel free to contact city staff.
Attachments: On -sale liquor licensing
7231 42nd Avenue loan request
Ryan Cos. interim agreement extension
Temporary sign ordinance amendment
Temporary sign ordinance memo
December 1 Planning Commission minutes
Miscellaneous Issues Page 2 12/31/09
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES January 5, 2010
City Hall, 7 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due
call and notice thereof; Vice Chair Houle called the meeting to order at 7 p.m.
ROLL CALL Present: Paul Anderson, Jim Brinkman, Pat Crough, Jeff Houle, Sandra
Hunten, Kimberly Johnson, Roger Landy, Tom Schmidt, Steve
Svendsen
Absent: Ranjan Nirgude
Also Present: Curtis Jacobsen, Director of Community Development, Steve
Sondrall, City Attorney, Eric Weiss, Community Development
Assistant, Pamela Sylvester, Recording Secretary
ELECTION OF Vice Chair Houle opened the floor for nominations for the positions of chair,
OFFICERS vice chair and third officer for 2010. Commissioner Svendsen nominated Vice
Chair Houle as chair, Commissioner Brinkman as vice chair, and
Commissioner Anderson as third officer. Seconded by Commissioner Landy.
All voted in favor. Motion carried.
Subcommittees are as follows: Codes and Standards — Commissioners
Brinkman, Crough, Hunten, Johnson, and Schmidt; Design and Review —
Commissioners Anderson, Houle, Landy, Nirgude, and Svendsen.
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC09 -15 Chair Houle introduced Item 5.1, discussion of an ordinance amending New
Item 5.1 Hope Code Section 3- 50(j)(2) regulating setback requirements for temporary
signs, city of New Hope, petitioner.
Chair Houle stated the commission discussed this at the December meeting
and there were a couple outstanding points to revisit. One issue was whether
or not the League of Minnesota Cities had any legal opinion regarding the
setbacks and potential of an accident due to signs blocking someone entering
the intersection. Mr. Sondrall, city attorney, reported that staff checked with
the League and indicated there was no problem with the way the ordinance
was written from a liability point of view.
Mr. Sondrall pointed out that this ordinance was part of chapter 3 of the city
code and did not require a public hearing.
Commissioner Svendsen stated he was in favor of the ordinance as written
and did not have a concern with small signs three feet or less in height
located in the sight triangle.
Mr. Sondrall stated he revised Section 3- 500)(2)b to state that signs three feet
or less in height would be permitted in the sight triangle. In answer to a
question, Mr. Sondrall clarified that signs could be placed two feet from the
curb, unless the sign interfered with the use of the sidewalk, or placed behind
the sidewalk. Most streets have more than two feet of boulevard grassy area
between the curb and the sidewalk and this ordinance would allow
placement of small signs in the boulevard area.
Chair Houle pointed out that the two -foot setback referred to sign placement
in residential zoning districts. Commercial /industrial properties are required
to obtain a permit for temporary signs and must abide by city code for sign
placement. Also, signs over three feet in height are not allowed to be placed
in the corner sight triangle.
Mr. Jacobsen commented that city staff would place the new setback
regulations for the placement of small temporary signs on the city's website
and provide a handout at city hall upon adoption by the City Council.
MOTION Motion by Commissioner Schmidt, seconded by Commissioner Svendsen, to
Item 5.1 approve Planning Case 09 -15, an ordinance amending New Hope Code
Section 3- 50(j)(2) regulating setback requirements for temporary signs, city
of New Hope, petitioner.
Voting in favor: Anderson, Brinkman, Crough, Hunten, Johnson, Landy,
Schmidt, Svendsen
Voting against: Houle
Absent: Nirgude
Motion carried.
Chair Houle stated that this ordinance would be considered by the City
Council at its meeting on January 25.
PC09 -12 Chair Houle introduced Item 5.2, discussion of an ordinance amending
Item 5.2 Chapter 3 of the New Hope City Code by requiring registration of vacant
buildings, city of New Hope, petitioner.
Mr. Weiss stated that, per the direction of the City Council, the Planning
Commission was asked to review a proposed Vacant Property Registration
(VPR) program, which is intended to ensure properties are in safe and
healthy conditions despite their vacant status. This ordinance would apply to
all residential and industrial /commercial buildings. Staff and the Codes and
Standard Committee reviewed VPR programs from metro area cities and
those across the country. The proposed ordinance was modeled after one
utilized by the city of Brooklyn Center. The New Hope VPR program would
require the owner of a vacant property to register with the city by providing
contact information and a property plan, with timeline, for re -use,
rehabilitation or demolition of the building. This program would provide the
city with additional tools to ensure properties are safe and secure.
Registration of the vacant property must be done within 30 days of vacancy,
and names, addresses, phone numbers and email addresses for each owner
or their representatives, lien holders, and persons managing the property
must be provided. Owners must also provide the status of all utilities and
Planning Commission Meeting 2 January 5, 2010
submit a property plan that would include details and a timetable on the re-
use of the property or demolition, which could be updated periodically with
the building official.
Properties exempt from registering would include properties damaged by
fire and properties where the owners leave for the winter (snowbirds),
although the owners would be encouraged to notify the city with emergency
contact information.
Fees would be determined by the City Council and must be paid prior to the
issuance of any permits. Vacant buildings must be secured and building
exteriors and yards must be maintained. The city currently has an ordinance
that allows staff to secure buildings left in an unsecure condition.
Mr. Weiss stated that staff and the Codes and Standards Committee
recommend approval.
Commissioner Svendsen stated he felt this would be a valuable tool for
residential structures, but was hesitant on how it would be applied to
shopping centers with vacant tenant bays. Each bay has separate water and
power/heat and, if for example the heat went out in one bay and pipes burst,
water damage could affect the other occupied bays. Commissioner Schmidt
responded that the ordinance would apply to an entire vacant building.
Mr. Sondrall noted the ordinance would mainly apply to residential
properties and small apartment buildings. However, any vacant building,
including industrial or commercial buildings, must be registered.
Commissioner Svendsen commented that he did not want to burden
commercial /industrial property owners with this registration process, as he
would assume they would have active property managers that would be
maintaining the property. It was pointed out that it should not be a burden
for the owners to provide contact information to the city. Sondrall stated he
agreed that if only one tenant bay in a multiple tenant building was occupied
and the building was actively managed, this ordinance would not apply.
Commissioner Hunten stated she did not have a concern with registering a
property, however, requiring a property plan seemed burdensome. She
indicated she felt that definitions should be included for vacant and
abandoned properties. Vacant, to her, would indicate the city knows the
whereabouts of the property owner and the property was being actively
managed. Abandoned would indicate no one knows who the owner is or the
location of the owner and no one was maintaining the property. Mr. Sondrall
indicated he did not think definitions were necessary to explain abandoned
and vacant properties.
Hunten stressed her concern with the demolition section of the ordinance,
and pointed out the planning consultant, in his memo dated December 17,
was also concerned with that section, which currently states if a building is
vacant for 365 days and no property plan is in place, the owner must
demolish the building or the city would have it demolished. Mr. Sondrall
stated that the city would not demolition a property without going through
Planning Commission Meeting 3 January 5, 2010
the abatement process under Minn. Statute 463. The city would not impose
itself on a building to demolish it unless there was a court order to do so. By
keeping this section in the ordinance, it may motivate a property owner to
take an active part in maintaining the property or at least submit a property
plan to the city as to the current status and plans for the property's future. It
was mentioned that the property plan could be as simple as the owner stating
that he is trying to lease the property.
Hunten maintained that the section regarding the demolition seemed to be
very punishing for the property owner, who was probably doing everything
possible to get the property occupied in a timely fashion. Sondrall stated that
this section could be removed if that was what the Planning Commission
wanted. The city has the opportunity and availability to start a hazardous
building complaint under Chapter 463 and if the city approves the building
as a hazardous building, the city can demolish the building and assess the
cost back to the property. Eventually, someone who may buy the property
would have to pay those costs. Mr. Sondrall explained that if a building was
vacant for a year, the owner should contact the city and explain what was
happening, which would probably result in the city not bringing a hazardous
building action against the building. The city's inspectors try to watch for
vacant or problem properties while conducting other inspections, and if a
building is not secure, the city can secure the building, and the inspectors can
determine whether or not the building is hazardous at that time.
Discussion ensued on properties that have been vacant for a period of time
and the owner is leasing to someone new, an inspection of the property
should be completed to be sure the building is fit for occupancy. Mr. Sondrall
suggested the following be added to section 3- 35(g): "the owner may not
permit a building vacant for more than '365 days' to be reoccupied until 1)the
city is provided notice to remove it from the vacant building registry, and 2)
the building has been inspected and approved for occupancy by the building
official." The Planning Commission should give direction on the length of
time a building may be vacant before an inspection would be necessary
before re- occupancy.
Commissioner Brinkman stated he understood the city wanted a dialog with
the property owner, but he didn't think owners would willingly come to the
city to register vacant properties, especially with a fee attached to it. Mr.
Weiss stated that generally fees are minimal. Some cities have a sliding scale,
where the first year the fee might be $50 and it would go up each year the
building was vacant. Mr. Sondrall agreed that enforcement of the ordinance
would be problematic and staff may be chasing owners to register the
buildings. Mr. Jacobsen explained the problems city staff has had getting
graffiti removed and other issues resolved with an abandoned building on
42nd Avenue where the property owner lives out of state and is
unresponsive to city requests for maintenance.
Mr. Sondrall explained that the city adopted an ordinance last year that
allows the city to go into a property to secure vacant buildings. For example,
if there is a building where water pipes burst and water is filling the property
or coming out of the windows /doors, the city's public works department can
Planning Commission Meeting 4 January 5, 2010
go into the property to remove the water meter.
Commissioner Johnson stated she had sent several discussion points prior to
the Codes and Standards Committee meeting. She also wondered whether
snow removal from parking areas, sidewalks, and the fire lane should be
included under the exterior maintenance section. Mr. Jacobsen stated that
ultimately property owners were responsible for snow removal per city code.
Mr. Sondrall interjected that the city has a property maintenance code in
effect that would apply to these situations.
Commissioner Houle wondered whether or not a rental property, vacant for
a couple months and where the owner was utilizing the garage for storage,
needed to be registered as a vacant property. Mr. Jacobsen responded that the
inspectors try to watch for vacant properties and indicators that may raise
concerns with the property. Mr. Sondrall stated that the Commission should
look at this ordinance and similar ordinances that allow the city to go into
buildings to secure them more as a tool to allow the city to deal with troubled
properties. There is a certain amount of discretion that the building official
and inspectors can use in dealing with a troubled property. Many vacant
properties are maintained in good condition by the property owners. The city
may not need to enforce this ordinance against every property that becomes
vacant for a short period of time.
Chair Houle questioned what would happen if the owner did not register the
vacant property with the city within the 30 day timeframe and the response
was that an administrative ticket could be issued or a criminal ticket, which
would be a misdemeanor crime. Mr. Jacobsen stated that the goal with the
administrative citation program was to get compliance with the city code.
The first step in the administrative process is a letter indicating the problem
and a certain amount of time to correct the problem. A citation is sent if the
property owner does not correct the problem. If the citation is not paid, the
cost is assessed against the property.
Commissioner Johnson stated that if the city was to play a more active role in
the vacant properties, that a specific timeframe should be established for
reviewing the property plan or revisions to the plan. Mr. Sondrall suggested
that a specific timeframe may be difficult to establish and a hindrance to the
city if the workload of the building official is such that the plan cannot be
reviewed in the time specified in the ordinance. A certain amount of
flexibility in the ordinance may be beneficial for the city if the building
official and property owner are actively working together to find a solution
and have come to an agreement on a timetable.
Commissioner Hunten pointed out that she did not appreciate the city being
able to tell her what to do with her property if she wanted to sell her house
and it was vacant for a period of time. She indicated she did not feel this
ordinance as proposed was right for New Hope. Mr. Jacobsen explained
someone could break into the vacant property and start a fire or cause an
explosion that could damage adjacent houses. The city has the right to protect
its residents and property values. Mr. Sondrall commented that if a resident
called the city reporting a vacant property or a problem at the site, staff
Planning Commission Meeting 5 January 5, 2010
would have contact information for the property owner and know whether
or not the water had been turned off or if the home was heated in winter. In
the case of abandoned properties, the city would monitor the property. The
registration of these properties would help in maintaining the housing stock
in the city and maintain property values.
Commissioner Houle stated that exemptions included fire damage, but
wondered if water damage or storm damage should be included. Mr.
Sondrall stated that generally a fire would cause more damage and repairs
would take longer to complete.
Commissioner Anderson stated that he did not support registering
properties within 30 days of vacancy. The lease cycle on industrial properties
could be six to 12 months before the property owner has a new tenant. He
stated he did not support a fee for the property owner to register with the
city and he did not support the demolition section.
Chair Houle commented that the Commission seemed to be split on the
ordinance with some agreeing that the ordinance generally is a good idea as
is and others agree that there is value in parts of the ordinance and would
like to see it reworked. He also pointed out several inconsistencies in the
proposed ordinance, such as the 30 -day registration period, timeline for
submission of the property plan, demolition, et cetera. Mr. Jacobsen
recommended tabling and suggested the commissioners send in changes for
staff to compile and bring back to the Codes and Standards Committee. A
suggestion was made to remove the portions of the ordinance that are
already covered in other areas of the code.
Commissioner Johnson questioned Council Member Hoffe, who was in the
audience, if there was a specific issue the Council wanted the ordinance to
address. Council Member Hoffe replied that the Council wanted the
Commission to provide background information on this matter and make a
recommendation.
Mr. Sondrall asked for clarification on what the Commission wanted to be
changed, specifically 1) the application period, 2) registration and fees 3)
property plan, and 4) demolition. Commissioners Crough and Landy stated
they were in favor of leaving the demolition section in the ordinance. Chair
Houle indicated the language in the ordinance was subjective to whoever
was authorized to enforce it. Commissioner Brinkman stressed that the
purpose of the ordinance was to obtain a plan of action by the property
owner for the vacant property. He suggested city staff contact Brooklyn
Center to find out what worked and what didn't work in their ordinance and
then New Hope could make adjustments to this ordinance. The main
function is to get something done and start a dialog between the city and the
property owner.
Chair Houle suggested inserting a different timeframe for registration for
residential and commercial properties.
Commissioner Anderson expressed concern with the fact that business
Planning Commission Meeting 6 January 5, 2010
owners now would be required to register their vacant property and pay a
fee to the city, in addition to property taxes. Mr. Sondrall interjected that the
registration would be beneficial to property owners in that when a new
business contacts city staff for a list of vacant properties for relocation, the
city would have a data base of available properties and contact information.
Commissioner Schmidt wondered how property owners would be informed
that vacant properties needed to be registered or would staff have to try to
track down the owners as they discover vacancies.
Chair Houle questioned how this would affect the business friendly
impression that the city was trying to create.
Commissioner Svendsen suggested that this issue be referred back to the
Codes and Standards with the input presented at this meeting, additional
comments sent to staff, and further information obtained from Brooklyn
Center regarding its ordinance. Mr. Jacobsen stated that comments should be
sent to the city by January 12 so staff can compile all the information for the
Codes and Standards meeting on January 20.
Mr. Sondrall summarized that this ordinance would help the city create a
data base of vacant properties. A minimal fee would be paid at the time of
application. The city would then be able to utilize the contact information in
the event of graffiti, a maintenance issue, a broken water pipe, or other
emergency.
Item 5.3 Chair Houle introduced Item 5.3, discussion of an ordinance amending
Chapter 8 -6 of the New Hope City Code regulating solicitors, peddlers and
transient merchants, city of New Hope, petitioner.
Mr. Jacobsen stated the City Council had been approached by a resident who
felt it was important for the city to have an ordinance to license or maintain a
data base of solicitors /peddlers in the city. The proposed ordinance is based
on one utilized in Crystal. New Hope's current policy is to have solicitors
register with the city, but not license them. Residents can post a sign for no
solicitation on their property.
Chair Houle wondered whether or not the intent was to cut down on the
number of peddlers in the city and the response was that was not the intent.
The registration process and background check may, however, deter some of
the solicitors. This ordinance would not include school groups, newspaper
sales, food sales and nonprofits.
Commissioner Svendsen inquired what the registered solicitor would get
from the city to show a homeowner that they had registered. Mr. Sondrall
stated the ordinance indicates that the licensees must wear some type of
identification and carry the city issued license when conducting the business
or activity required to be licensed.
In response to a question, Mr. Sondrall confirmed that if a solicitor did not
register with the city per city code, it was a misdemeanor.
Planning Commission Meeting 7 January 5, 2010
Discussion ensued on whether or not Crystal had ever issued any citations
for this. Mr. Jacobsen stated that he would not recommend issuing
administrative fines as generally peddlers are from out of state and it would
be difficult to attach the fine to a property if left unpaid.
Mr. Sondrall mentioned that the City Council had visited this issue many
times over the years. The current ordinance is effective as it is written.
Crystal's ordinance was written to exclude groups of people that have the
right by constitution to go door to door.
Chair Houle pointed out that 8- 6(c)(11) requires the names of three other
municipalities where the applicant had conducted business and wondered
how a person new in business would fill out the application. The response
was that applicant would just note he was new in business. Section (e)(2)
nonprofit groups and free expression exemption — this section exempts these
groups from obtaining a license, but they would have to provide the names
and addresses of officers and all persons involved in canvassing efforts. This
section would require the registration of all candidates for election and
everyone working for them, school groups, girl/boy scouts, et cetera. Section
(e)(3) farm produce, horticultural, fireworks exemption — farm produce and
horticulture are constitutional per the Minnesota Constitution. Section (f)
investigation and issuance — the police department indicated that a CCH
Investigation could be completed within 24 hours. A suggestion was made to
delete the phrase "the application will then be presented to the city council."
A question was raised on how many complaints the city receives and the
response was that the city clerk receives from two to four complaints a year.
After some discussion, the consensus of the Commission was to not
recommend adoption of this ordinance.
MOTION Motion by Commissioner Svendsen, seconded by Commissioner Crough, to
Item 5.3 approve an ordinance amending Chapter 8 -6 of the New Hope City Code
regulating solicitors, peddlers and transient merchants, city of New Hope,
petitioner.
Voting in favor: Crough, Svendsen
Voting against: Anderson, Brinkman, Houle, Hunten, Johnson, Landy,
Schmidt
Absent: Nirgude
Motion denied.
Chair Houle stated that this ordinance would be considered by the City
Council at its meeting on January 25.
COMMITTEE
REPORTS
Design and Review Commissioner Svendsen stated that the Design and Review Committee did
Committee not meet in December. Mr. Jacobsen added that no pre- application meetings
Item 6.1 were conducted and staff was not anticipating any new applications to be
submitted on January 8.
Planning Commission Meeting 8 January 5, 2010
Codes and Standards Commissioner Schmidt reported that the Codes and Standards Committee
Committee met in December and discussed the three issues brought forward at this
Item 6.2 meeting. The next committee meeting was scheduled for January 20 at 6 p.m.
The committee would be continuing its discussion on licensing massage
parlors, reviewing the city's current rental registration ordinance, and
revisiting the vacant property registration program.
OLD BUSINESS There was no old business to discuss.
Miscellaneous Issues
Item 7.1
NEW BUSINESS
Discussion Item Chair Houle indicated that due to the late hour this item would be reviewed
Planning Case 06 -06 at the next meeting.
Item 8.1
Motion to Approve Motion by Commissioner Landy, seconded by Commissioner Svendsen, to
Minutes approve the Planning Commission minutes of December 1, 2009. All voted
Item 8.2 in favor. Motion carried.
ANNOUNCEMENTS Mr. Jacobsen gave a brief update on the transit oriented development study
for the 42nd/Winnetka avenue area and the $50,000 grant awarded to the
city. The study would look at ways to improve vehicular and pedestrian
traffic in and around this area and be completed during the first half of
2010. An advisory committee would be established with representatives
from the school, county, area businesses, and residents. A block exercise
with the Planning Commission and City Council would also be a part of
the study.
ADJOURNMENT
The Planning Commission meeting was unanimously adjourned at 9:10 p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
Planning Commission Meeting 9 January 5, 2010