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HomeMy WebLinkAboutOrdinance 1057 - 2026/04/13ORDINANCE NO. 1057 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE, TITLE IX: GENERAL REGULATIONS, CHAPTER 91, CONCERNING VACANT DWELLINGS AND BUILDINGS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title IX: General Regulations, Chapter 91, Sections 91.001 the Mounds View Municipal Code by incorporating the following text in alphabetical order into the existing definitions in the section: BUILDING. A building or structure designed for commercial, professional, mercantile, assembly, institutional, or manufacturing occupancy. COMMERCIAL BUILDING. Building or structure used or designated to be used, for manufacturing, industrial, warehouse, professional or retail use. See also, Building. COMPLIANCE OFFICIAL. The City Administrator or their designee. CREDITOR. Federal or State -chartered bank, savings bank, savings and loan association, credit union, mortgagee and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers. DWELLING. A building that contains one or more dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more people, including permanent provisions for living, sleeping, eating, cooking and sanitation. OWNER. Those shown to be the owner or owners on the records on any documents held by Ramsey County, those identified as the owner or owners on a vacant building registration form, a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, an assignee of rents, a receiver, an executor, a trustee, a lessee, other person, firm, or corporation in control of the freehold of the premises or lesser estate therein. An owner also means any person, partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in the property or building. This includes any partner, officer, or Director of any partnership, corporation, association, or other legally constituted business entity. All owners shall have joint and several obligations for compliance with the provisions of this subsection. Ordinance No. 1057 Page 2 PREMISES. Any real property and any appurtenant building or structure. RESPONSIBLE PARTY. An owner, occupant, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building, dwelling or real property upon which the building or dwelling is located. Any party having a legal or equitable interest in the property. Responsible party may include, but is not limited to, a Realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. SEASONAL VACANCY "SNOW -BIRD". Dwellings vacant on a temporary basis for vacation purposes or to reside elsewhere during the winter season in excess of 30 consecutive calendar days and have the intent to return. VACANT. Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Vacant conditions include but are not limited to overgrown or dead vegetation; failure to remove snow accumulation from public driveways and access areas; accumulation of flyers, mail or trash. Zero and one unit of water usage on two consecutive City utility billing cycles shall be prima facie evidence of a vacant condition. VACANT BUILDING. A building or structure in which no person or persons actually and currently conducts a lawful business or lawfully resides or lives in any part of the building on a permanent, non -transient basis in accordance with City code; or is occupied by unauthorized persons for any amount of time. SECTION 2. The City Council of the City of Mounds View hereby includes Title IX: General Regulations, Chapter 91, Sections 91.030 to 91.046 of the Mounds View Municipal Code by adding the following text: REGISTRATION AND REGULATION OF VACANT DWELLINGS AND BUILDINGS 91.030 PURPOSE AND INTENT. It is the purpose and intent of this section to protect the public health, safety, and welfare by establishing a vacant building, vacant dwelling and foreclosure identification, registration and maintenance program to minimize hazards to persons and property as a result of the vacancy. The City may utilize a third party to assist with identification, recordkeeping and administration of this section, and all relevant information may be submitted to them. This section further provides for the administration, enforcement, and penalties associated with the same. Ordinance No. 1057 Page 3 91.031 FINDINGS. (A) Improperly maintained and secured vacant and/or foreclosed buildings and dwellings can become a hazard to the health and safety of people who may come on or near the property and can adversely affect the aesthetic and economic attributes of the City of Mounds View. (B) The presence of improperly maintained and secured vacant buildings and dwellings may constitute a threat to the public health, general welfare, and safety of Mounds View residents and visitors. (C) Vacant commercial buildings and residential dwellings may attract trespassers and criminal behavior. Neglected and unauthorized use of vacant buildings and dwellings creates a risk of fire, explosion, or flooding of the vacant dwelling or building and adjacent properties. (D)Vacant premises are often used as dumping grounds for junk, appliances, hazardous materials, debris, inoperable equipment and often have an unkempt appearance including long grass and weeds that foster blight, and often become a public nuisance with harborage for rodents or other pests. (E) Vacant buildings and dwellings that are boarded up to prevent unauthorized entry during prolonged vacancy discourage economic development and delay the appreciation of surrounding property values. (F) There is a substantial cost to the city for monitoring vacant buildings and dwellings regardless of whether they are boarded or not. This cost should be borne by those responsible for the vacancy and not by the general taxpayers of Mounds View. It is the responsibility of the owner or responsible party to prevent a vacant building or dwelling from becoming a burden to the neighborhood and a threat to the public health, safety, or welfare. 91.032 ADOPTION OF STATE LAW M.S. § 463.251, in its entirety, and any future amendments to said statute are adopted by reference. 91.33 VACANT BUILDING REGISTRATION. (A) Residential Dwelling Registration: The owner, creditor or responsible party sha►I register a vacant dwelling with the Community Development Department no later than 30-days after the dwelling becomes vacant as defined in this chapter for the purpose of minimizing hazards to people or property as a result of the vacancy. The registration shall be submitted on a form and method provided by the Community Development Department and shall pay a registration fee: Ordinance No. 1057 Page 4 (1) Upon filing a complaint of foreclosure or executing a deed in lieu of foreclosure on a residential property, the creditor shall within 7 days register the property as a property in foreclosure for the purpose of minimizing hazards to people and property as a result of the potential for vacancy. (2) The creditor shall update the registration form with all pertinent information if the property becomes vacant and the creditor acquires title to the property at sheriff/foreclosure sale. (B) Commercial Building Registration: The owner, creditor or responsible party shall register a vacant commercial building with the Community Development Department no later than 180 days after the building becomes vacant as defined in this chapter for the purpose of minimizing hazards to people or property as a result of the vacancy. The registration shall be submitted on a form and method provided by the Community Development Department and shall pay a registration fee. (1) Upon filing a complaint of foreclosure or executing a deed in lieu of foreclosure on a residential property, the creditor shall within 7 days register the property as a property in foreclosure for the purpose of minimizing hazards to people and property as a result of the potential for vacancy. (2) The creditor shall update the registration form with all pertinent information if the property becomes vacant and the creditor acquires title to the property at sheriff/foreclosure sale. (C) The owner or responsible party shall provide the following information on a vacant registration application form: (1) The name, address, telephone number, and email address, if applicable, of each owner or the owner's representative. (2) The name, address, telephone number, and email address, if applicable, of all known creditors and all other parties with any legal interest in the building. (3) The name, address, telephone number, and email address of a responsible party, maintenance company, or person responsible for managing or maintaining the property. (4) The street address of the building, dwelling or known location of the premises. (5) The date the building or dwelling became vacant, the period of time the building or dwelling is expected to remain vacant, and a property plan and timetable for returning same to appropriate occupancy or use and for Ordinance No. 1057 Page 5 correcting code violations and nuisances, or for demolition of the building or dwelling. (D) Change of information. The owner, responsible party or creditor shall notify the Community Development Department of any changes in information supplied as part of the vacant building registration within 15 days of any change. (E) Administrative registration. If the owner, responsible party or creditor fails to complete the registration process, or the compliance official determines that a building or dwelling has been vacant for at least 45 days the Community Development Department shall administratively register the building or dwelling as vacant and attempt to notify the owner of that registration. Properties registered administratively shall be charged an administrative registration fee in addition to the registration fee. (F) Recordkeeping. The Community Development Department shall maintain records of the location and contact information of responsible parties for all registered vacant buildings, dwellings and premises. This information shall be available to authorized City departments for monitoring and enforcement under this Chapter. These records are classified as general nonpublic data "security information" under Minnesota Statutes § 13.37 as amended. 91.34 DE -REGISTRATION Any registered building or dwelling that transfers ownership to an unaffiliated third party, or the foreclosure action is discharged and is legally re -occupied, or the registering creditor releases title at a foreclosure/sheriff sale a de -registration shall be completed by the Community Development Department. A new owner of a vacant building shall complete the vacant building registration application within 15 days. Forms and instructions shall be provided by the Community Development Department. For the purposes of this section, a new owner is an owner defined by this chapter who has purchased the vacant building or dwelling since its registration by the previous owner and has succeeded to all rights of that previous owner. 91.035 NON-COMPLIANCE AND NOTIFICATION. If the responsible party does not maintain the property and correct identified nuisance conditions, the city may commence abatement and recover its costs for correction of those items in accordance with city code and State Statutes. 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 Community Development Department to the owner that it intends to provide ongoing abatement until the owner corrects the items shall be sufficient. Ordinance No. 1057 Page 6 91.036 PROLONGED VACANCY ENFORCEMENT. (A) Owners and responsible parties of a dwelling vacant for a period of 24 consecutive months shall be subject to an increased registration fee for prolonged vacancy enforcement by the Community Development Department. (B) Owners and responsible parties of a building vacant for a period of 60 consecutive months shall be subject to an increased registration fee for prolonged vacancy enforcement by the Community Development Department. (C) Owners and responsible parties of buildings and dwellings subject to prolonged vacancy enforcement that are hazardous, unsafe or significantly deteriorated may be required to submit a property rehabilitation plan with specifications from a licensed building professional stating that the dwelling or building is capable of being completely rehabilitated and restored to productive use and occupancy within 12 months. The Community Development Department may require an escrow deposit equal to half the cost of repair and building permit fees. Dwellings and buildings subject to prolonged vacancy enforcement may be raised and removed in accordance with city code and Minnesota Statutes § 463.15-463.26 pertaining to hazardous buildings. 91.37 EXEMPTIONS. (A) Owners who leave their residential dwelling on a temporary basis for vacation purposes or to reside elsewhere during the winter season in excess of 30 consecutive calendar days, and have the intent to return are exempt from the registration requirement. Owners may obtain a Seasonal Vacancy "Snow -Bird" exemption and register with no fee vacant building registration with applicable contact information provided to the Community Development Department and a Trespass Authorization affidavit to authorize the Police Department to act as an agent to serve trespass notice to unauthorized persons occupying the dwelling during the vacancy. (B) Buildings and dwellings that have sustained damaged by fire or natural disaster are exempt from the registration requirement for 180 days when the owner is actively seeking insurance proceeds or Federal assistance for rehabilitation. Continued exemption after 180-days will be provided with proper verification of a local agent contact and no fee vacant registration with applicable contact information provided to the Community Development Department; or upon issuance of a building permit for rehabilitation and repair. (C) Buildings and dwellings that are being actively marketed for sale or rental and actively maintained are exempt from the registration requirement. Evidence of property marketed for sale or rent shall include but not limited to a licensed real Ordinance No. 1057 Page 7 estate agent or broker to list the property for sale or rent and advertisements in various media forms including the local multiple listing service. (D) Buildings and dwellings where the owner is on active military deployment with any branch of the U.S Armed Services shall be exempt from the registration requirement. Exemption shall be granted with proper verification, and a local agent contact and no fee vacant building registration with applicable contact information provided to the Community Development Department. (E) Registration is required and the fee is waived for Buildings, Dwellings, and premises owned by the City. 91.038 FEES. (A) The owner or responsible party shall pay an annual vacant building registration fee. The registration fee, administrative registration fee, or prolonged vacancy enforcement fee shall be an amount adopted by Resolution by the City Council. Registrations shall expire on a 12-month calendar year cycle. Registration fees shall not be pro -rated. The amount of 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 dwelling or building and premises. The fee must be paid in full prior to the issuance of any building permits or licenses, with the exception of a demolition permit. (B) If the registration fee is not fully paid within 30 days from the initial registration requirement or registration renewal due date, or within 30 days after any appeal becomes final, the unpaid fee shall be certified against the property taxes as a special assessment under Minnesota Statutes § 429.101, as amended. 91.039 ISSUANCE OF CERTIFICATE. Upon receipt of a completed vacant building registration application and payment of the registration fee, the Community Development Department shall issue a Vacant Building Certificate to the responsible party. The certificate may be delivered electronically and serves as evidence of compliance with the registration requirement. 91.040 CHANGE OF OWNERSHIP. A new owner of a vacant building shall complete the vacant building registration application within 15 days. Forms and instructions shall be provided by the Community Development Department. For the purposes of this section, a new owner is an owner defined by this chapter who has purchased the vacant building or dwelling since its registration by the previous owner and has succeeded to all rights of that previous owner. Ordinance No. 1057 Page 8 91.041 INSPECTIONS. The compliance official may inspect any vacant dwelling or building in the city for the purpose of enforcing and assuring compliance with this chapter and other applicable regulations. Upon the request of the compliance official, an owner or responsible party shall provide access to all interior portions of the vacant dwelling or building and exterior premises in order to complete an inspection. If the owner or responsible party is not available to provide access to the interior of the dwelling or building, the compliance official may apply for an administrative search warrant and use any legal means to gain entrance for an inspection. Prior to re -occupancy, a vacant dwelling or building shall be inspected and found to be in compliance with the city code and all other applicable regulations. All registration fees shall be paid prior to re -occupancy of the dwelling or building. 91.042 MAINTENANCE OF VACANT BUILDINGS. (A) The responsible party is required to conduct regular inspections, at the minimum once every 30-days, to ensure the vacant building or dwelling is compliant with applicable city property maintenance requirements. (B) Exterior Appearance and Maintenance. All vacant dwellings and buildings must be so maintained and kept that they appear to be occupied. The owner or responsible party shall eliminate conditions in violation of City Code Section 91.001 (Nuisances) and Section 150.085 (Housing Maintenance) (C) Securing. All vacant dwellings and buildings must be secured from outside entry by unauthorized persons or pests. Security must be by the normal 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 (1) operable door into every dwelling, building and into each interior space. Vacant buildings shall be boarded when the building can no longer be secured against intrusion by the closing and locking of doors and windows in accordance with this section. (1) 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. Architectural panels may be of exterior grade -finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass to simulate windows. (2) 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. Ordinance No. 1057 Page 9 (3) With prior approval of the compliance official, artistic options may be utilized to secure a vacant building. (4) The compliance official may take steps to immediately secure a vacant building in emergency circumstances. (D) Termination of utilities. The compliance official may require that water, sewer, electricity, or gas service to the vacant dwelling or building be terminated or disconnected. Prior to the termination of any utility service, written notice must be given to the owner if possible, or posted directly at the property, unless an imminent hazard exists because of the utility. No utility may be restored until consent is given by the compliance official. Utilities may be discontinued at the request of the owner or responsible party as part of the approved vacant building property plan. The compliance official may authorize immediate termination of utilities in emergency circumstances. (E) Security and fire alarm systems. The owner or responsible party shall maintain all required alarm systems in any vacant building or portion thereof in operating condition and take steps to eliminate repeated nuisance false alarms. (F) Loitering and/or criminal activities. Loitering or criminal activities shall be prohibited in the vacant dwelling, building or premises. The owner or responsible party shall not allow these activities and take immediate actions to eliminate these conditions once notified by the city. (G)Emergency abatement. The compliance official may authorize immediate abatement of any public nuisance or maintenance item if emergency circumstances exist that present an imminent threat to the public health and safety. (H) Other codes. A plan for compliance with all applicable provisions of city code and other applicable regulations. 91.043 NO OCCUPANCY OR TRESPASS. No person may trespass, occupy or reside in, on a temporary or permanent basis, any vacant building, dwelling, or premises without the owner's consent. 91.044 VANDALISM OR REMOVAL OF ITEMS PROHIBITED. No person may vandalize or remove items from a vacant building, dwelling, or premises, including, but not limited to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's consent. Ordinance No. 1057 Page 10 91.045 APPEAL. Any owner or responsible party aggrieved by a decision under sections of this Chapter 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 compliance official within ten (10) business days of the decision that is basis of the appeal. 91.046 PENALTIES. Any person or responsible party who provides false information or violates any provision of this section is subject to a misdemeanor penalty and any administrative fees as provided under city code and this section. Imposition of such penalties, however, is not deemed to impair other remedies or civil penalties available to the city under this code or state law. SECTION 3. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On April 13, 2026, the City Council adopted Ordinance No.1057 by amending the Mounds View City Code, Title IX: General Regulations, Chapter 91, Section 91.001 concerning nuisance definitions and adding sections 91.030 to 91.046 concerning regulation of vacant buildings, dwellings and premises. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City's web site located at www.moundsviewmn.org. SECTION 4. 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 March 23, 2026. Second Reading and Adoption by the Mounds View City Council on April 1 W026. Publication Date: April 16, 2026. ch Lindstrom, Mayor Attest: Brian Be an, Acting City Administrator (SEAL) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY I, Kay T u •h' �, bein dtll sworn on oath sa s: that she y g y y ORDINANCE SUMMARY is, and during all times herein state has been, Inside Sales ORDINANCE NO. 1057 Representative of Northwest Publication, LLC., Publisher of COUNTY OFNRAMSEY� the newspaper known as the Saint Paul Pioneer Press, a STATE OF MINNESOTA newspaper of General circulation within the City of St. Paul the Minnesota AN ORDINANCE AMENDING THE MOUNDS VIEW and SurroundingCounties of and Wisconsin including Ramsey and Kanabec. CITY CODE' TITLE IX: GENERAL REWLAnohs, CONCERNING ACANT That the notice hereto attached was cut from the columns of DWELLINGS AND BUILDINGS said newspaper and was printed and published therein on the on Apr 114, 2026. th.0 Cic�r I following date(s): 4/16/2026 o�n dwedtOrdheante Mtge xs iewneri ofgguod,?; s, chapter 1, once frlitluildin Newspaper Ref./AD Number#: 60361 vacaant dwJiin and bb g . s Client/Advertiser: CITY OF MOUNDS VIEW - LI?GALS A printed copy of the ordinance i (or inspectionon during regular busines$ hour at Mt5urlds view CrtY Nallsand is,available gnll to at the Crty'S web site located at v w.moundsviewrnn.org. Nyle 2ikmund, City Administrator Pioneered in the St. Paul April 16, 2026. AFFIANT SIGNATURE Subscribed and sworn to before me this 4/17/2026 True Lee C." NOTARY PUBLIC Ramsey County, MN My commission expires January 31, 2030 True Lee State of Minnesota �f` + 1(CommissionMy' Notary Public No. 1171307900035 Commission Expires 01/3112030 Page 1 of 1