Payne-Phalen District 5 Planning Council

TENANTS, NEIGHBORS TO BENEFIT FROM NEW ORDINANCE

PUBLIC HEARING ON PROPOSED ORDINANCE, OCT 22nd, 2003

Summary of Proposed Changes to Saint Paul’s Chapter 51 (Rental Registration) and Chapter 34 (Excessive Consumption)


The changes to the Rental Registration ordinance (Chapter 51) are mostly clarifying in nature particularly with regards to grounds for revocation and requirement of an interior inspection.

If the proposal is enacted it will be clear that:

1. If a property owner consumes an excessive amount of code inspection services, has a single incident of documented nuisance behavior, or has a re-inspection without compliance, then they will receive a notice of intent to revoke their landlord registration certificate.

2. When they get the notice of intent to revoke, they will be asked to contact the city’s director of Property Improvement and arrange a meeting to present a plan of action to abate problems on property, and allow an interior inspection of the property. If all issues are addressed, the revocation can be withdrawn before there is City Council action.

3. The City Council can revoke the rental registration certificate for any single family or duplex rental property where there is documented nuisance behavior or excessive code visits.

4. Nuisance behavior is clearly laid out in Sec. 45.03 of the legislative code, and includes the current ordinance’s reference to Minn. Stats. Sec. 617.81.

5. Whenever the registration certificate is revoked, the property owner will have to file a nuisance abatement plan and allow an interior inspection before the certificate can be reinstated.

6. If the property owner refuses to allow an interior inspection, the city can get an administrative search warrant to allow entry, in addition to continuing the revocation.

7. Renting without the required registration can be charged-out as a misdemeanor.

This should result in an effective way to deal with absentee landlord problem properties, including the behavioral issues associated with college student housing.
In addition to encouraging increased landlord responsibility by providing clearer guidelines, the proposed changes include better notice provisions and greater due process protections for property owners, and eliminate unconstitutional language regarding warrant less searches.


Code Enforcement’s Excessive Consumption ordinance (Chapter 34) has been on the books since 1996 but has never been enforceable for a number of reasons, including inability to collect the fees. However, the 2003 Minn. Legislature passed a law which allows for assessment of these fees, so it’s time to streamline the ordinance and make it enforceable.

The changes in Chapter 34 are based on a “polluter pays” principle. In other words, property owners who require an excessive amount of code enforcement services should foot the bill. This should also result in increased voluntary compliance by previously non-compliant property owners.

More specifically, the Chapter 34 changes:

1. Cover all code violations, not just the exterior property area.

2. Eliminate the “4 cycles” requirement and institute a graduated fee structure as follows:

$50.00 for the first non-compliant re-inspection
$75.00 for the second non-compliant re-inspection
$150.00 for the third and subsequent non-compliant re-inspections

$50 for third new “folder” within 12 months
$75.00 for fourth new “folder” within 12 months
$150.00 for fifth and subsequent new “folder” within 12 months

Finally, the Chapter 34 changes improve the notice requirements, add an appeal process, require code enforcement officers to elect which fee (and not double bill), eliminate unnecessary language, and set-up a record keeping and assessment procedure.