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• MEMORANDUM DATE: 09/10/01 MEETING DATE: 09/18/01 TO: Planning Commission Members . FROM: Susan Henry, Assistant City Manager RE: Proposed Point of Sale Ordinance There is renewed interest by the City Council to create a point of sale housing ordinance in St. Anthony. In 1998, the Planning Commission considered such an ordinance for St. Anthony. However, it did not go forward to the City Council. A subcommittee has met to discuss the 1998 draft as well as the concept of the ordinance and how it would be implemented. The subcommittee also liked aspects of the New Hope Dwelling, Maintenance, and Occupancy Code. An asterisk has been placed next to information that could be incorporated into St. Anthony's new ordinance. The proposed 1998 St. Anthony and New Hope codes are attached for review. The City Attorney's Office will take the information and draft an ordinance for review at the next meeting. The subcommittee liked the idea of going down the same path as 1998. Below is the • process the subcommittee discussed: - Step 1: Inspection: • Before homeowners can list their home for sale on the market, they must complete a housing inspection and pay a filing fee. • A realtor will be required to inform the resident, if the resident doesn't already know. • The City will have listing of licensed inspectors to choose from. • A licensed inspector will complete the inspection. The report must be completed prior to listing the property for sale. Step 2: Follow-up and Enforcement: • A 90-day time limit is placed on the homeowner to meet the criteria of the inspection and/or if there are violations the homeowner must correct. • After the 90-day time lapses, a follow-up inspection is made of the flagged items by the original inspector. City staff will build a tickler system to track the inspections. • Major code violations should be taken care of before closing. The home inspector should flag these item(s). • Either the buyer or the seller can correct the code violations, by having it written into the purchase agreement. (The idea is to not get in the middle of the sale.) If the homeowner files no appeal to the inspector's report, and there is no resolution to the noted code violation(s), the owner of the property is charged with a misdemeanor.