Agenda Packets - 2024/07/08 - Laserfiche WebLink

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(a) Property records provide there is no discriminatory covenant registered against the property. (b) The applicant submits documentation showing the discriminatory covenant has been discharged. kc) The applicant submits paperwork showing that the seller and buyer both have agreed to discharge the discriminatory covenant and (have placed $XXX into escrow/pay a $XXX fee) for the city to use to cover the cost of having the discriminatory covenant discharged] 0) If a certificate of compliance is issued by the city prior to the transfer of the property, the City shall waive the inspection fee for its inflow and infiltration compliance program under City Code, section 52.013.1 If a property owner obtains a certificate of compliance without any intention to sell their property, the city will maintain a record, in accordance with subsection (D) that the property owner has obtained a waiver of the inflow and infiltration compliance program inspection fee. (D) City Records. The city shall maintain a list of all properties that it has been informed have a discriminatory covenant and a list of all properties for which a certificate of compliance has been received. kE) Penalty. Failure to discharge a discriminatory covenant will result in an administrative penalty of $XXX[Violation of this section shall not result in a petty misdemeanor or criminal prosecution. *466, SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on: 2024. Second Reading and Adoption by the Mounds View City Council on: 2024. Publication Date: 2024. Zach Lindstrom Mayor Attest: Nyle Zikmund City Administrator (SEAL) MU210\5\960017.v1 Commented [J52]: The City could partner with Just Deeds as one of its "designated entities". J Commented [J53]: This is important as it allows the property to change hands without having to wait for the covenant to be discharged. Commented [J54]: I am somewhat concerns with a "penalty" for noncompliance and instead think that the ordinance should instead offer an incentive to have the covenant discharged prior to the sale of the property. Commented [J55]: A penalty may not be enforceable since it may be difficult to articulate a nexus between the sale of the property and the removal of an unenforceable covenant. The structure of C(1)(c), requiring an escrow/fee if not completed by the time the property is transferred coupled with an incentive to discharge the covenant early may be more easily enforceable and have a similar outcome.