CR 2004-103 Truth-In-Housing Evaluation Requirements
. .June 23,2004 Council Report 2004-103
Section 407 Truth-in-Housing
Evaluator's Requirements
ProDosed Action
. Staff recommends adoption of the following motion: Move to adopt Ordinance 2004-926 which
amends City ordinance Section 407.05. chanoino the reauirements ofTruth-in-Housino Evaluators.
Overview
Currently, there is not a statewide test for housing evaluators. The City of Hopkins accepts Truth-in-
Housing evaluators who have proven competency by passing tests given by either the City of
Minneapolis or the City of St. Paul and maintaining their educational requirements. It's my
understanding thatBloomington has a strict test and guidelines. Staff has received several requests
from Bloomington evaluators that we allow them to conduct evaluations in Hopkins. These evaluators
have stated that they sometimes have to wait up to two years for Minneapolis andSt. Paul to give
their test for new evaluators.
The ordinance only requires that the applicant show proof of their license when they apply and not
that they maintain it throughout the entire year. If an evaluator's license is suspended or revoked
they can still conduct evaluations in the City of Hopkins.
. Primarvlssues to Consider
./. Are City of Bloomington evaluators as qualified as Minneapolis or St. Paul evaluators? Staff
believes that if the evaluators pass any of these cities tests they will be able to apply the same
skills to the Hopkins Truth-in-Housing program.
./. Would staff time spent on the Truth-in-Housing program increase? There would not be an
increase of staff time spent on this program as the number of evaluations conducted would be
the same as it would be if Bloomington evaluators did not conduct Hopkins evaluations.
./. Is it important evaluators maintain their license with the city they tested with? Staff feels that it
is important because evaluators' performance in other cities is reflected in the evaluations
they conduct in Hopkins.
SUDDortina Documents
./. City of Minneapolis evaluator requirements.
./. City of St. Paul evaluator requirements.
~~ator requirements.
Eliz h P~ge ~.
Housing Inspector
Financial Impact: $ 0* Budgeted: Y/N NO Source:
Related Documents (CIP, ERP"etc.):
Notes:
. *Possible increase in evaluator applications fees received by the City of Hopkins.
CITY OF HOPKINS
. HENNEPIN COUNTY
MINNESOTA
ORDINANCE 2004-926
AN ORDINANCE AMENDING SECTION 406.05 OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. The Hopkins City Code, section 406.05, shall be amended as
follows:
406.05. Subd. 5. Certified Evaluator Certificate. No Certified Evaluator
Certificate shall be issued or renewed by the City of Hopkins without
application on the approved form and proof that .the applicant . has " a
current unexpired certificate of competency as issued by the City of
Bloomington, City of Minneapolis or the City of St. Paul. The applicant
shall also show proof of general liability insurance insuring the
applicant with a minimum limit of liability of two hundred fifty thousand
dollars ($250,000) general aggregate and per occurrence and errors and
omissions insurance with a minimum limit of liabil~ty of two hundred fifty
thousand dollars ($250,000) which may include a deductible not exceeding
five thousand dollars ($5,000) and the certified evaluator shall ma':Lntain
insurance continuously in force thereafter 'and no Certified Evaluator
Certificate shall be deemed to be in effect when such insurance is not in
effect. The city shall be included as a named insured on the insurance
. .
required herein at the expense of the certified evaluator. The certified
. evaluator shall furnish the city with a certificate, of' insurance which
meets the city requirements. The applicant shall also pay the fee as set
forth by City Council Resolution. No certified evaluator shall allow their
Certified Evaluator Certificate to be used by another person. No person
shall fill out a Truth-in-Housing and Zoning Disclosure Report without
first obtaining and maintaining a Certified Evaluator Certificat,e from the
city as provided for in this 'chapter. The evaluator shall be required to
maintain a current unexpired certificate of competency as issued by" the
City of Bloomington, City of Minrieapolis or the City of St. Paul in order
to be certified in the City of Hopkins.
Section 2. The effective date of this ordinance shall be the date of
publication.
First Reading
Second Reading
Date of Publication
Effective Date
Eugene J. Maxwell, Mayor
Attest:
Terry Obermaier, City Clerk
. APPROVED AS TO FORM AND LEGALITY:
Section 406 Page 1
. City Attorney Signature Date
.
.
Section 406 Page 2
. . City of Minne~polis. Tr~th-in-Sal~'-Qf-H?~s!ng 4
MmneapolIs InspectIons DIVISlonminneapolis
. . . , . C'fyafLskes
250 South 4th Sireet.Minneapolis;MN 55415
(612) 673.5840. FAX: (612) 673-2437. TrY: (612) 673-3300
. www.ci.minneapoIis.mn~us/truthinhousing
Licensing Requirements. . . .' . .
For Cityof Minneapolis Truth;.in-Sale of Housing (TISH) Evaluators
Note: TISH Evaluators are private contractors licensed by the City of Minneapolis and,as s~ch, are re~ponsible for
advertising their bUSiness, settingand collection their own fees: As a courtesy, the T1SHo.ffice gives individual evalua(or
names to prospective customers by phone on a rotating basis.' In the interest offairness, a complete list of licensed evaluators
is awiilable at theTISHweb site, wwW.ci.minneapolis.mn.usftruthinhousing.Ashortlist is available at 612-673-2489
option # 16. . "
EIiQibilitv Requirements (NEW REQUIREMENTS, see below)
Applicants must:
· Be at least 18 years of age.
· Have taken 45.h6urs of housing-related education, or one (1) year of related housing inspection experience, o~
.., a combination.
· Must have passed the City of Minneapolis examination,...
. · See '~Exam Requirements'; handout for new eligibiIitY,~equi;ements concerning certificitions.
· Evaluators ate encouraged to ma"intain their certification ,and will be given continuing education
credits. .. .
NOTE: City of Milmeapolis employees are not eligible for licensing as Minneapolis Truth~In-Sale. of Housing Evaluators,
Required Insurance
After passing both the written and practical portions of the exam, but before applying for the TISH LiCense, an
applicantmustcibtain the following required insurance: '.
· General liability' insurance with a minimum limit of liability of $250,000,00 per occurrence and
. $500,000.00 per year general aggregate.
.. Professional (Errors and Omissions) liability insurance with a minimum limit ofliabilityof$25Q,OOO.00
. per occurrence and $500;000.00 per year aggregate. .
Such insurance may include a deductible not exceeding $5,000.00 and must list the City of Minneapolis
as an additiortalinsured. Both general liability and professional liability insurance must be "occurrence"
based. Neither can be "claims made" based.
.. See additional information on bottom of page 2 hand out for more information.
Truth-in-Housina License
After passing the exalll and obtaining the required insurance, the applicant must
· Sign the City of Minneapolis Code of Ethics for licensed TISH Evaluators.
· Pay the required licensing fee.
.
TISH Evaluator'License Requirements Rev 5/2004 . page 1 of 2
. . The TlSH Evaluator License is valid for one year, from Ja~uaryl thro~gh December 3hand must be renewed
annually. Renewal is not automatic and all evaluators must :meet the annual renewal requirements in effect for
each year. . .
MinneapolisTISH Evaluator Licensing Fees (fees are not pro.,rated):,"
Initial Licensing fee is $75.00 (for new Evaluators)
Renewal Licensing fee is $75.00 (for existing Evaluators)
Maintain Your Truth~ln~Housina License
Requirecf Educational Training for New Evaluators . . ..... '. . . .
Attend requirednew~evaluator.training and seminars given by the Minneapolis TlSH office. The Minneapolis
TlSH office will inforin you of the date andtime~
In order to renew aTISH License, Evaluators must:
. Obtain at least twenty~f,?ur (24) hours of approved continuing education per year. .
. Attend required Minneapolis TlSH seminars;
. File education hours with the Minneapolis TlSH office Within 30' days of takihg the training in order
to receive credit from Minneapolis TlSH. . '.
. Follow all program requirements and guidelines.
- Keep proper insurance continuously in force~
.. -Maintaining or obtaining Certification is encouraged' . '.
Filing Fees for Disclosure Reports .... ..' . ',. .... ' ,
Evaluators are required to file Minneapolis TISH Disclosure Reports with the City of Minneapolis with a filingfee.of$20.00
per Disclosure Report. ,Additionalfees may apply fo~ late or amend~d reports. . Fees subject to change.
Minneapolis Code of Ordinances Chapter 248 248.2W. Insurance
. il) Each evaluator must provide the city with a certificate of insurance showing proof of the. following insurance coverage hefore:~e~ei~ng alieense:
(I) General liability insurance with a minimum limit of liability of two hundred fifty thousand dollars ($250,000.00).per occurrence and five
hundred thousand dollars ($500,000.00) per year general aggregate. .
(2) Professional errors and omissions insurance with a minimum limit of liability of tWo hundred fifty thousand dollars ($250,000.00) per
occurrence and five hundred thousand dollars ($500,000.00) per year general aggregate. .
(3) Such insurance may inc.Iude a: deductible not exceeding five thousand dollars ($5,000.00).
(4) The evaluator shall maintain insurance continuously in foree thereafter and no license shall be deemed to be in effec.t when such insurance
is notineffect. .
(5) The insurance shall list the city as an additional' insured and shall cover any and all Hability from the performance of the duties as a
Ikensed truth-in-sale of housing evaluator. (98-0r-057,s 1,6-26-98) .
Additional requirements:
_ The insurance certificate must either be on a City of Minneapolis Truth.-in-Sale of Housing Evaluator insurance form or an Accord Form.
. Policies must be occurrence-based for both General LiabilitY and Professional Liability insurance..
_ Claims-made policies are not acceptable.
-The name of the insured is the individual evaluator, not the company.
_ There shouldbe only one evaluator per insl,mince certific.ate,
_ Policy number(s) for both Professional & General insurance policies' are required to be on the insurance certificate.
_ The insurance'agent's name and signature must be on the insurance certificate.
_ Surplus insurance is not acceptable (such as): . . . .
_ "This insurance is issued pursuant to the Minnesota Surplus Insurance Act. The insurer is an eligible surplus lines insurer, but is not otherwise
licensed by the State of Minnesota. In case of insolvency, payment ofc.laims is not guaranteed." . .
.
TISH EvaluatorLicense Requirements Rev 5/2004 page 2 of 2
. City ofMinne~poli$ Tr~th-in-sal~~fCH~~s!ng -I..
, MInneapolIs InspectIons DIvIsIon mi1TTleapolis
" ' . " , ,"', Ci/yofLakes
250 South 4ih Street.Minneapolis, MN S54i5
(612) 673-5840. FAX: (612) 673-2437 . TTY: (612) 673~3300
www.ci.minneapolis.mn.us/truthinhollsing.
Truth~in-Housing (TISH) Evahjator
Exam RE!quirements, Information, &' P.reparationRecommendations
EIiQibilitv ReQuirements (NEW REQUIREMENTS. see below)
Applicants must:
. Be at least 18,years of age.
, ' . .'
. Have taken 45 hours ofhousing-rehitededucation, or one (1) year of related housing inspection experience, or
a combination.
. Have one or more .of the following certifications: . (NEW)
. Minnesota State Building Official .
. Minnesota State Building Official-Limited
. IRC Residential Combination Inspector
. . IRC Residential Building Inspector
. IRC Property Maintenance and Housing Inspector. '
. NAHI-CRI
. ASHI -National Home Inspector
Evaluators are encouraged to maintain their certification and cari.receiveconttrtuing education credit for doing so.
NOTE: City of Minneapolis employees are not eligible for licensing as Minneapolis Tritth-IncSaleof Housing Evaluators.
Exam Information
Exam Date
The next exam is tentatively scheduledJorFebruary.or March 2005,
.. The exact exam date and the application will be available early January 2005: Check the City of Minneapolis web
site,www.ci.minneapolis.rim.us/truthinhousing for updates. You may also call the Minneapolis TISH office at
.612~673-5840, inJanuary 2005.
Exam Fee
A non-refundable testing fee of$75.00 (subject to change) covers both the written and the practical portions of the
exam.
Exam Design
The Minneapolis TISH Program is responsible for the design, administration, and evaluation of all tests., The
Minneapolis TISHProgram may use the services of professionals both within the city and in private practice, and
'other rele,:ant resources, in the testing and scoring process.
.'
TISH test-prep-info-Rev 5/2004.doc.' page 1 of 3
. Exam Application & Fee D~adline
The exam application willbe available in early January 200S.
Note: Pre-registration is required. No one will be allowed admittanc~ to eiiher the written or the practical portion or the
exam without pre-registration. Applicants must show their valid photo ID at both the written and practical exams.
Written Exam
The passingscore forthe written exam is 80%. Applicants must pass the written exam before they.can take the
practical exam.
The written exam consists of approximately 100-150 questions, including multiple choice, true or false, and short
answer format questions. Questions may be based on current and prior editions of the State Building Code,
including the Electrical and Plumbing Codes; the Minneapolis Housing Maintenance Code, Chapter 244;
MinneapoIls Truth~In-Sale of Housing Ordinance, Chapter 248; and the current Minneapolis Truth~In-Sale of
Housing Guidelines. . . . .. ..... .... . , .
This j~aclosed~bookexam. Applicants may use a calculator. Applicants may not :use computers for this test.
Practical Exa.m .. . . . ..
Applicants who pass the. written exam are eligible to. take the 'practical exam: ExaCt day and time of the practical .
exam will be givento applicants when they are notified of their eligibility to participate: .
" , '
. ,
The practical exam is a simulated :rruth- In-Sale of Housing. evaluation at a designated test. house.. Because it. is. a
test situation, itwill not be exactly like areal TISH Evaluation: Exam time will belimiteo, and the emphasis will
. be upon identification of deficiencies and making the appropriate rating.
Test house elements to be foundimd identified by ex~applicants will be those determined by Minneapolis TISH
staff to be relevant to the test and will not necessarily be equivalent to the elements required to be foundor
identifledby any othe~city or professional organization: . .
. Applicants may not us~ computersfor this test. ..
Recommendations for Exam Preparation
Truth~in-Sale Of Housing is aspccialty area that requires knowledge of prior and current codes.
Applicants are strongly encouraged to study and become very familiar with all aspects of inspection: building,
electrical, heating, plumbing, and housing codes. A general knowledge of building techniques, architectural and
.engineeringtheory, and basic mathematics are of value,
Some Evaluators are willing to mentor applicants; If you wish to have mentor; a list of current Licensed
Evaluators can be found on the City of Minneapolis web site,www.ci.minneapolis.n1n.us/truthinhousing. Exam
applicants will have to call Licensed Evaluators to see which ones are willing tobementors.
Check with colleges, universities, private companies, community arid vocational'schools for education in any of
the trade fields (building, plumbing, electrical,and heating/air conditioning), or for housing inspection classes.
Education hours maybe available through education systems such as Inver Hills Cominunity College, North
Hennepin Community College, ProSource Education Service, or other private companies.
Suggested Study Materials
The following references mayor may not be used for specific test questions. Specific test questions may be
inferred from the source material, and not exactly derived from it.
.. The editions listed are the ones currently adopted by the City of Minneapolis,however prior or new code editions
may govern certain conditIons and circumstances found during a TISH Evaluation.
The City of Minneapolis TISH program is not responsible for making any study and preparations resources
.. available to applicants.
.
TISH test-prep-info-Rev 5/2004.doc page 2 of3
. Minneapolis Truth-In-Sale of Housing Guidelines
This booklet includes Minneapolis Code of Ordinance Chapter 248, TruthJnSal~ ?f Housing and'
Chapter 244, Housing Maintenance Code.. ..' ". '.' .,'
Available free online atwWw.ci.minneaoolis.mn.us/truthinhousing.Click on "ForEvaluators" at bottom of the .
page. You will need to download the guidelines, chapter248,and chapter 244 separately.
Printed copies are available for $10.00. dunngregular business hours, 8:00amt04: 15pm at
Minneapolis Permit Counter -PSCRoom300
250 South 4th Street . .
Minneapolis MN' 55415
State Building Code with amendments '.. '. . '. . '.. . .' . .. '. "
Including State Plumbing code, Uniform Mechanical Code 1991, and National Electrical. Code 2002
. These materials are available for study at public libraries.
. '
. To order copies ofthe building code, plumbing code, and mechanical code, visit
Www,minnesotasbookstore~com or ..... . .
Minnesota's Bookstore
117 University Avenue; Room 11 OA
. St: Paul, MN 55155
651-297-300
To order copies of the electrical code, visit www;eIectricity.state.mn.us or
MN State Board pf Electricity
1821 UriiversityAve, SuiteS-128
S1. Paul, MN 551 04~2993
651-642-0800
.
, . .
Note: TISH Evaluators are private contractors licensed by the city of Minneapolis and, as such, a;e ~espon8ible for
advertising their business, setting and collection their own fees: As a.courtesy, the.'TISH office gives individual evaluator
names to prospective customers by phone on a rotating basis. In the. interest offairness, a complete list of licensed evaluators
is available at the TISH web site, www.ci.minneapolis.mn.us/truthinhOusing.A short list is available at 612-673-2489
option # 16. .. "
Filing Fees for DisclOsure Reports. . . ,
Evaluators are required to file Minneapolis TISH Disclosure Reports with the City of Minneapolis with a filing fee of $20. 00
per Disclosure Report. Additio~al fees may apply for late or amended reports.
Fees subject to change.
.
TISH test-prep-info-Rev 5/2004.doc . page 3 of3
Chapter 189. Truth-in-Sale ofHousing* Page 1 of7
. Chapter 189. Truth-in-Sale of Housing *
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. Sec. 189.01. Definitions.
. Sec. 189.02.. Validity of disclosure report.
. Sec. 189.03. Required acts.
. Sec. 189.04. Exceptions.
. Sec. 189.05, Disclosure report form.
. Sec. 189.06. Warranty !imitations.
. Sec. 189.07. Examinlnq board established; membership.
. Sec. 189.08. Orqanization of the board.
. Sec. 189.09. Meetinqs of the board.
. Sec. 189.10. Duties of the board.
. Sec. 189.11. Appeals.
. Sec. 189.12. Applications for license.
. Sec. 189.13. License issuance and renewal.
. Sec. 189.14. Disclosure report, filing.
. Sec. 189.15. Duties of evaluators.
. . Sec. 189.16.Citv employees not to be certified.
. Sec. 189.17. Fees.
. Sec. 189.18. Insurance.
. Sec. 189.19. Failure to comply.
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*Editor's note--Ordinance No. 17732, 9 1, adopted May 3, 1990, amended the Legislative Code by deleting
99 189.01--189.14 in their entirety, which sections pertained to truth in sale of housing; and were derived
from Code 1956, 99 54A.10--54A.130, and from the following ordinances:
Ord. No. Sec. Date
16506 -- 2-15-79
16779 -- 4-21 ;..81
16857 -- 12-1-81
16979 -- 11-30-82
In addition, Ord. No. 17732, 92, enacted new provisions designated and included as a new Ch. 189.
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Sec. 189.01. Definitions.
For the purposes of this chapter, the following terms shall have the meanings ascribed to them in this
section:
Adverse action. As defined by Chapter 310, generally defined as an action that can include: the revocation,
cancellation or suspension of a license, denial of the renewal of a license, the imposition of conditions on a
license, the Imposition of a fine, and any other disciplinary or unfavorable action.taken by the board or
council with respect to a license or licensee.
. Board, examining board, truth-in-safe of housing board ("board"). As used in this chapter, are equivalent
terms that refer to the same body.
The director. The head of the department of neighborhood housing and property improvement and his or her
http://www.ci.stpau1.mn.us/code/lcI89.htInl 6/23/2004
Chapter 189. Truth-in-Sale of Housing * Page 2 of7
designee.
. Disclosure report. The written evaluation report prepared and signed by a person licensed as a Saint Paul
. Truth-in-Sale of Housing Evaluator, on a form in compliance with the provisions of section 189.05 of this
chapter.
Dwelling. A building which is designed to be occupied for residential purposes but containing not more than
two (2) individual dwelling units, except that townhouses, condominiums and co-ops, regardless of their
number of individual dwelling units, are included within this definition.
Dwelling unit. A room or group of rooms located within a residential building and forming a single habitable
unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating.
Evaluation. An evaluation of a dwelling or dwelling unit, performed by a licensed evaluator, to determine the
condition of the structural, electrical and mechanical systems as they relate to chapter 34, minimum housing
standards for dwellings and multiple dwellings of the City of Saint Paul.
Evaluator. A person who has received a license.from the city to conduct truth-In-sale of housing evaluations.
Evaluator guidelines. The document issued by the truth-in-sale of housing (TISH) examining board by which
the TISH evaluation report is completed by the evaluator. The TISH evaluator guidelines utilize both the
construction and maintenance standards and codes currently enforced by the city for dwellings as defined in
this chapter.
File. The receipt of the TISH disclosure report and payment of the required filing fee.
Immediate family. Those persons legally related to each other in a linear relationship such as grandparents,
parents, children, grandchildren and siblings. Does not include branching relationships such as aunts, uncles,
or cousins.
Re-evaluation. An amended disclosure report filed .as a result of Cl re-evaluation of the subject dwelling or
dwelling unit, conducted by the original evaluator, within the period of timethe disclosure report is valid. The
re-evaluation does not extend the expiration date of the original evaluation.
Time of sale. The acceptance of an offer, written or oral, to sell or otherwise change the ownership of a
property, including a contract for deed, by the owner or agentof an owner of that property.
(Ord. No. 17732,92,5-3-90; C.F. No. 95-1360, 91, 12-6-95; C.F. No. 99-752, 9 1,9-1-99; C.F. No. 00-
. 859,9 1, 10-11-00; C.F. No. 01-1189, 9 1, 12-5-01; Ord. No. 03-887, 9 lO,l1-5-03)
Sec. 189.02; Validity of disclosure report.
(a) A disclosure report is valid for three hundred sixty-five (365) consecutive days from the date of its
issuance.
(b) The report is valid only for the owner who is listed on the disclosurereport.
(c) The report mustbe completed and signed by an evaluator licensed under this ordinance. The only
licensed evaluator who may sign the report is the evaluator who performed the inspection and also wrote the
report for the particular address.
(d) The report is valid for only one sale during its three hundred sixty-five (365) consecutive day lifetime.
(Ord. No. 17732,92,5-3-90; C.F. No. 01-1189,9 1, 12-5-01; C.F. No. 03-1095, 9 1, 1-14-04)
Sec. 189.03. Required acts.
(a) Any owner or agent of an owner who sells or makes available for sale a dwelling by implementing any of
the following actions, including, but not limited to, advertising the sale of the dwelling, entering into a listing
agreement to sell the dwelling or posting a sign that the dwelling is for sale, or any action where the logical
result of that action will be the sale or change of ownership of the property, shall, within three (3) calendar
days of any such action, have an evaluation completed by an evaluator licensed under this chapter.
(b) At all times following the completion of the disclosure report a dwelling or dwelling unit that is for sale
shall have a valid disclosure report conspicuously displayed at the premises.
(c) A valid TISH disclosure report shall be completed by a licensed evaluator.
(d) The owner or agent of an owner shall make available for viewing a copy of the valid disclosure report to
all potential buyers.
(e) A valid disclosure report issued for the dwelling in question shall be provided to the buyer, by the owner
or agent of an owner, before. or at the time of sale of the dwelling.
(f) A valid disclosure report issued for the dwelling shall be filed by the evaluator with the secretary-treasurer
of the examining board, before the time of sale of the dwelling.
. (g) A disclosure report shall be prepared and signed only by persons licensed as truth-in-sale of housing
evaluators under this chapter.
(Ord. No. 17732, 9 2, 5-3-90; C.F. No. 00-859, 9 1, 10-11-00; C.F. No. 01-1189, 9 1, 12-5-01; C.F. No. 03-
1095,92, 1-14-04)
http://www.ci.stpau1.mn.us/codellcI89.html .6/23/2004
Chapter 189. Truth-in-SaIe ofHousing* Page 3 of7
Sec. 189.04. Exceptions.
. The provisions in section 189.03 do not apply to:
(1) Any newly constructed dwelling when title is transferred to the first owner.
(2) The sale or conveyance or other transfer of title or control of any dwelling to a public body.
(3) A dwelling with a valid certificate of code compliance or the orders from a certificate of code compliance
inspection as set forth in section 33.06 of this Legislative Code which shall be dated no earlier than three
hundred sixty-five (365) consecutive days prior to its usage.
(4) The sale or conveyance of any dwelling by a sheriff, constable, marshal, trustee in bankruptcy, or other
public or court officer in the performance of their official.duties. This chapter does apply, however, .to the sale
of a dwelling by a personal representative or guardian appointed by a probate court or a sale ordered by a
probate court.
(5) Any dwelling or dwelling unit covered by a current certificate of occupancy issued by the city fire
department's fire prevention certificate of occupancy program.
(6) Any dwelling or dwelling unit where the purchaser is already a part owner, heir, or a member of the
seller's immediate family, as defined in section 189.01
(7) The sale or transfer of title of any dwelling or dwelling unit for the purpose of demolition, provided such
demolition actually occurs within three hundred sixty-five (365) days of the close of the qualifying sale.
(Ord. No. 17732,92,5-3-90; C.F. No. 01-1189, 9 I, 12-5-01; C.F. No. 03-1095, 93, 1-14-04)
Sec. 189.05. Disclosure report form.
The examining board shall develop and approve the disclosure report form. The disclosure report form,
applicable to single- and tWO-family dwellings, town homes, co-ops, and condominiums, shall include sections
necessary to note:
(1) Major structural defects; or
(2) Immediate hazards to health and safety; or
(3) Deviations from standards defined in the truth-in-sale of housing (TISH) evaluator guidelines.
. (4) Current status according to city records maintained by the office of license, inspection and environmental
protection of the dwelling, if it:
a. Is designated as an individual Heritage Preservation Site, or located within a City-deSignated Heritage
Preservation District; and/or .. .
b. Is a registered vacant building as defined and regulated in Chapter 43 of this code: and/or
c. Has open permits at the property address; and/or
d. Is a duplex dwelling, whetherthe use ofthe building as a duplex is verified legal.
Nothing in the disclosure report shall indicate, or shall be deemed to indicate, that such dwellings meet all
minimum housing and building standards. The approved disclosure report form shall only be used for
evaluations of dwellings in the city by evaluators licensed under this chapter;
(Ord. No. 17732,92,5-3-90; C.F. No. 98-441, 9 1,6-17-98; C.F. No. 01-1189, 9 1,12-5-01; C.F. No. 03-
887,9 11, 11-5-03; C.F. No. 03-1095, 94, 1-14-04)
Sec. 189.06. Warranty limitations.
The disclosure report is not a warranty by the city or the examining board of the condition of the dwelling
evaluated. The evaluator warrants only that reasonable care and due diligence were used in inspecting the
dwelling and in completing the disclosure report.
(Ord. No. 17732,92,5-3-90; C.F. No. 01-1189, 9 1, 12-5-01)
Sec. 189.07. Examining board established; membership.
(a) The examining board for TISH eyaluators shall be appointed by the mayor, with the approval of the city
council, and shall consist of nine (9) members.
(b) The membership shall include the director, and a representative from each ofthe following: the building
trades, the legal profession, the financial community, the contracting business~ the real estate business, the
architectural or engineering profession, and two (2) citizen members representing the general public. No
more than one board member may be a currently licensed nSH evaluator.
(c) The members of the board shall be named to three-year terms, which shall continue until a successor has
. been duly appointed and qualified. The mayor shall, with the approval of the council, fill any vacancies for the
remainder of the unexpired term.
(Ord. No. 17732,92, 5-3-90; C.F. No. 99-752, 9 1,9-1-99; C.F. No. 01-1189, 9 1, 12-5-01; C.F. No. 03~
887, 9 12, 11-5-03)
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Chapter 189. Truth-in-Sale ofHousing* Page 4 of7
Sec. 189.08. Organization of the board.
. (a) The examining board shall elect a chairperson and a vice-chairperson. The chairperson shall preside over
meetings of the board. In the absence of the chairperson the vice-chairperson shall preside.
(b) The director shall serve as the secretary-treasurer of the board. In the absence of the chairperson and
vice-chairperson the secretary-treasurer shall preside over meetings of the board.
(c) The secretary-treasurer shall have the responsibility of:
(1) Keeping records of applications and examinations for licensure;
(2) License issuances and renewals;
(3) Maintain records of disclosure reports as required by subsection 189.14(a)(6);
(4) Complaints as to the performance of individual truth-in-sale of housing evaluators;
(5) Documentation of all fees and monies received by the board; and
(6) Performing other duties delegated by the board permitted by this chapter or by the board rules and
bylaws.
(Ord. No. 17732, 9 2, 5-3-90; C.F. No. 99-752, 9 1, 9-1-99;C.F. No. 01-1189, 9 1, 12-5-01; C.F. No.03-
887,9 13, 11-5-03) .
Sec. 189.09. Meetings of the board.
Regular meetings of the board shall be held on the second Wednesday ofJanuary, April, July and October,
respectively. Those meetings may be postponed for up to thirty (30) days by the chairperson or the
secretary-treasurer. Special meetings shall be held, when necessary, at the request of the chairperson or the
secretary-treasurer. A minimum of five (5) days' notice shall be given to members of the board of all
upcoming meetings.
(Ord. No. 17732,92,5-3-90; C.F. No. 01-1189, 9 1,12-5-01)
Sec. 189.10. Duties of the board.
(a) The following shall be the duties of the board:
(1) Adopt rules and bylaws governing its procedures;
. (2) Develop and enforce a code of ethics for truth-in-sale of housing evaluators;
(3) Make available copies of such rules, bylaws and code of ethics to each applicant for licensure;
. (4) Develop a test procedure for screening applicants for a license:
a. Hold an examination for applicants for a license to be an evaluator at least once in every two (2) calendar
years, beginning in 1999-2000;
b. Submit each applicant for a license to an examination to determine the applicant's competency to perform
evaluations required under this chapter; and
c. Hear examination appeals by applicants for a license under this chapter according to rules adopted by the
board.
(5) Issue a license in the form of an identification card to each applicant who satisfactorily passes the exam,
pays the required fees, and satisfies all other qualifications for licensing required by the board or this
chapter;
(6) Establish annual renewal fees and reneW each license upon payment of the established fees;
(7) Establish minimum educational and/or training requirements which must be met and maintained by the
evaluator;
(8) Take adverse action against a license or licensee as defined in section 189.01;
(9) Establish all fees for the truth-in-sale of housing program including, but not limited to, the non-refundable
exam application fee(s), the initial and re-licensing fee(s) for evaluators, and the filing and latefee(s) for
disclosure reports;
(10) To develop adopt and issue evaluator.guidelines.
(b) Decision of the examining board, with respect to these duties, shall be final. Adverse action(s) against a
license or licensee, only, are subject to appeal to the city council. Any board order to an evaluator shall
. include a written statement notifying the licensee of the right to appeal that order to the City council.
(Ord. No. 17732, S 2, 5-3-90; C.F. No. 99-752, S 1, 9-1-99; C.F. No. 00-859, 9 1, 10-11-00; C.F. No. 01-
. 1189, 9 1/ 12-5-01)
Sec. 189.11. Appeals.
(a) Filing. An evaluator may obtain a hearing before the city council to appeal any board order by filing a
written request with the city clerk. The deadline for filing an appeal shall be Within ten (10) calendar days
. http://www.cLstpau1.mn.us/code/lcI89.html 6/23/2004
Chapter 189. Truth-in-Sale of Housing * Page 5 of7
after the date when the order is sent to the evaluator;
. (b) Setting hearing date. In the event that an appeal is filed with the city clerk, the city council shall, within
two (2) weeks, fix a date for a public hearing. The city clerk shall mail a notice of the date, time, place and
subject ofthe hearing to the person requesting the appeal and to the board.
(c) Hearing. At the time of the city council hearing, the city council shall hear from the person requesting the
appeal, any board memberor their designee, and any. other party who wishes to be heard regarding the
appeal. After the hearing, the city council may reverse, confirm or modify the board's order. The city clerk
shall mail a copy of the city council's decision of the appeal to the person requesting the appeal and the
board chairperson.
(Ord. No. 17732,92,5-3-90; C.F. No. 01-1189, 9 1; 12-5-01)
Sec. 189.12. Applications for license.
(a) Each person desiring a license shall file with the examining board, at least three (3) days prior to the date
of the examination, an application to take the examination and shall pay the nonrefundable sum(s)
determined by the board as the examination fee(s).
(b) Each application shall contain the following information: name, address, place of current employment,
time and. place of schools attended and studies completed, together with a chronological record of the
applicant's previous employment, with complete information regarding duties and the type of work
performed.
(c) The applications are public data under the Minnesota Data Practices Act and available to any person upon
request.
(Ord. No. 17732,92,5-3-90; C.F. No. 99-752, 9 1, 9-1-99; C.F. No. 00-859, 91, 10-11-00; C.F. No. 01-
1189, 9 1,12-5-01)
Sec. 189.13. License issuance and renewal.
(a) Any candidate who passes the examination to become a truth-in-sale of housing evaluator has three
hundred sixty-five (365) consecutive days of eligibility for licensing from the date of passing the examination
to obtain a license. The candidate will have to reapply and pass another examination if the candidate fails to
complete the licensing procedure within that period.
. (b) Relicensing shall occur according to section 189.10.
(c) Exemptions from these requirements may be allowed by the board.
(Ord. No. 17732, 92,5-3-90; C.F. No. 00-859, S 1,10-11-00; C.F. No. 01-1189, 9 1, 12-5-01)
Sec. 189.14. Disclosure report, filing.
(a) For original disclosure reports:
(1) Each truth-in-sale of housing evaluator, when preparing a disclosure report, shall set forth any structural
defects, any immediate hazards to health and safety,. and/or other deviation(s) from the standards set forth
in the evaluator guidelines. The evaluator, using information maintained by the office of license, inspections,
and environmental protection, shall report, if applicable to the dwelling, the information identified in sec.
189.05(4)a., b., c. or d. The disclosure report shall be typewritten, printed legibly in ink, or in a previously-
approved computer-generated format.
(2) The evaluator shall submit to the seller the original copy of the disclosure report. The evaluator shall file a
duplicate with the secretary-treasurer of the examining board within ten (10) days after the evaluation or re-
evaluation has been made in accordance with subsection (4) hereinbelow.
(3) The evaluator shall pay the filing fee established by the board required with each disclosure report filed
with the secretary-treasurer.
(4) Any evaluator who fails to file the disclosure report within ten (10) days of the evaluation date shall be
assessed any late penalty fee established by the board. Late penalty fee(s) shall be in addition to the normal
filing fee for a disclosure report.
(5) In addition to the above penalty, the failure to submit the original copy of the disclosure report to the
seller, pay the required filing fees, or the failure to file any disclosure report within 30 days of the. date of the
evaluation shall be sufficient cause for the examining board to take adverse action against the license or
licensee.
(6) The examining board shall keep each disclosure report submitted by an evaluator on file in accordance
with the records retention schedule as required by Minn. Stat. S 138.17.
(b) For re-evaluationreports:
. (1) Evaluators shall meet all requirements as for original reports except there shall be no filing fee required
unless a fee is specifically ordered by or through the board.
(Ord. No. 17732,92,5-3-90; C.F. No. 98-441, 9 1, 6-17-98; C.F. No. 00-859, S 1, 10-11-00; C.F. No. 01-
http://www.ci.stpau1.mn.us/code/lc189.html 6/23/2004
Chapter 189. Truth-in-Sale of Housing* Page 60f7
1189, ~ 1, 12-5-01; C.F. No. 03-1095, ~ 5, 1-14-04)
. Sec. 189.15. Duties of evaluators.
(a) Each evaluator is required to:
(1) Comply with the code of ethics;
(2) Complete the disclosure report in accordance with the standards in the evaluator guidelines;
(3) Conduct all evaluations within the program guidelines;
(4) Meet any required continuing education requirements established by the examining board; and
(5) Meet all other requirements established by the examining board and/or this chapter.
(b) Failure to comply with anyone or more of these duties shall be sufficient cause for theboard to take
adverse action against the license or licensee.
(c) It shall be sufficient grounds forthe board to take adverse action against a TISH licensee or applicant who
has violated, or performed any act that is a violation. of, any of the provisions of these ,chapters or of any
statute, ordinance or regulation reasonably related to Truth in Sale of Housing reporting, regardless of
whether criminal charges have or have not been brought in connection therewith.
(Ord. No. 17732, 92, 5-3-90; <:.F. No. 01-1189, 9 1, 12-5-01; C.F. No. 03-1095, 9 6, 1-14-04)
Sec. 189.16. City employees not to be certified.
(a) No employee of the city is eligible to receive a license.
(b) Should any person who has a license to perform evaluations in the city become an employee of the city,
that person shall immediately discontinue conducting evaluations In the city and shall return the license to
the director.
(Ord. No. 17732,92, 5-3-90; C.F. No. 99-752, 9 1, 9-1-99; C.F. No. 00-859, 9 1, 10-11-00; C.F. No. 01-
1189, 9 1, 12-5-01; C.F. No. 03-887, 9 14, 11-5-03)
Sec. 189.17. Fees.
(a) Truth-in-sale of housing evaluators may charge a reasonable fee for their services.
(b) The board sets fees as authorized in 189.10 for:
. (1) Initiallicensefee and license renewal;
(2) Evaluator application, examination, and testing;
(3) Disclosure report filing and late fees;
(4) other fees determined necessary by the board to support the program actlvlty(ies) authorized under this
chapter.
(Ord. No. 17732,92,5-3-90; C.F. No. 01"1189, 9 1, 12-5-01)
Sec. 189.18. Insurance.
(a) No license shall be iss.ued or renewed without satisfactory proof of insurance Insuring the
applicant/evaluator.
(b) The city shall be included as a named insured on the required insurance and any additional cost for
including the city shall be at the expense of the applicant/evaluator.
(c) The applicant's/evaluator's insurance shall remain in force continuously thereafter and no license shall be
deemed to be in effect during any period of time when such insurance and proof thereof are not also in
effect.
(d) Each .applicanttevaluator shall have an individually named insurance policy.
(e) The insurance policy shall provide coverage of not less than two hundred fifty thousand dollars
($250,000.00) per claim nor five hundred thousand dollars ($500,000.00) peryear aggregate, or the
minimum limits currently required by the city risk manager, against any and all liability imposed by law
resulting from the performance of the duties as a licensed truth-In-sale of housing evaluator.
(Ord. No. 17732,92,5-3-90; C.F. No. 01-1189, 9 1, 12-5-01; C.F. No. 04-167, 9 1, 3-3-04)
Sec. 189.19. Failure to comply.
The failure of any owner or agent of an owner to comply with the provisions of this chapter shall be a
misdemeanor.
. (Ord. No. 17732, 9 2, 5-3-90; C.F. No. 01-1189, 9 1, 12-5-01)
http://www.ci.stpaul.mn.us/code/lc189.html 6/23/2004
BLOOMINGTON CITY CODE
SEC. 14.520. EFFECTIVE DATE.
(. This ordinance shall take. effect on November 1, 1989.
(Recodified by Ord. No~ 95:-13, 8-7-95)
Division C. Time-of-Sale Housing Evaluations
Recodified by Ord. No. 95-13, 8-7-95
SEC. 14.521. PURPOSE.
The purpose ot this Division of the City Code is to enhance the supply .of safe, sanitary, and adequate
housing and to preVent the deterioration oOhe overall housing stock in the City, thereby protecting the general
health, safety, and welfare.
(Recodified byOrd. No. 95-13,$.7-95)
SEC. 14.522. DEFINITIONS.
The following words and terms, when used in this Division shall have the following meanings, unless the.
. context clearly indicates otherwise: .
Dwellino - one (1) or more rooms arranged for residential use and physically separated from any other rooms
or dwelling units which may be in the same structure. Types of dwelling are as follows:
(1 ) Dwelling, single-family - a residential building containing one (1) dwelling unit including detached,
semi-detached and attached dwellings.
(2) Dwelling, two-family - a residential building containing two (2) dwelling units including detached,
semi-detached and.attached dwellings.
(3) Dwelling, multiple-family - abuilding or portion thereof containing three (3) or more dwelling units.
(4) Mobile home - any vehicle which is designed, constructed and equipped for use .as a human
. dwelling place, living abode, or living quarters and having no foundation other than wheels, blocks, jacks or
skirting. .
Evaluation report - a written repoctpreparedandsigned by a person licensed asa Bloomington time-{)f-sale
housing evaluator on a form in compliance with Section 14.528 of this Code. .
Hardship- inability of seller to make required repairs, including, but not limited to economic circumstances.
illness, death, weather, or acts of God.
Immediate hazard - a condition or defect which is likely to cause injury to a person or property if not
. corrected.
Issuino Authoritv - the City Manager or a designated representative.
Owner's Aoent - a person who acts for or has the power or authority to act for.the owner of a dwelling.
Sale - the transfer of title or possession ota dwelling whether or not absolute title is transferred.
Vacant- a dwelling which is not occupied. .
(Recodified by Ord. No. 95-13. 8-7-95)
SEC. 14.523. EVALUATION REPORT REQUIRED.
(a) Except as set forth in this Division, no single-family dwelling. two-family dwelling, mobile home, or a unit
in a multiple-family dwelling located within the City may be voluntarily offered for sale or conveyed by deed or
contract for deed until the owner or owner's agent has first applied for and secured an evaluation prepared by an
evaluator licensed under this Division. A separate evaluation report shall be.. prepared for each dwelling or
structure.
(b) A valid evaluation report issued for the dwelling in question shall be provided to the buyer before or at
the time of sale of the dwelling. The buyer shall not occupy the structure prior to issuance of the evaluation
report.
'. (c) If the structure is in compliance with requirements of this Division, the evaluation report shall state that
the structure has been inspected and is in conformance with this Division. An evaluation report is valid for one (1)
year from the date of its issuance. The report is valid only for the owner listed on the report.
14-201
LICENSES AND PERMITS
(d) No person shall offer for sale by exhibiting or showing a dwelling within the City without first having
obtained an evaluator's report and an inspection as described in this Division, The.evaluation report shall be (.
conspicuously.displayed for inspection at the premises at all times that such dwelling is being offered for sale.
(Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.524. EXCEPTIONS.
The provisions of Section 14.523 do not apply to: .
. (a) Any newly constructed dwelling when title is transferred to the first owner;
(b) Any multiple dwelling currently registered under Section 14.501 of this Chapter;
(c) The sale or other transfer of title of any dwelling to a public body;
(d) The sale or transfer of title of any dwelling for the purpose .of demolition;
(e) The sale or conveyance of any dwelling by a sheriff or other public or court officer in the performance of
their official duties. This exemption does not apply, however, to the sale of a dwelling by a person appointed by a
probate court.
(Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.525. EVALUATOR LICENSE REQUIRED.
(a) No person shall complete a housing evaluation report on the form prescribed in this Division without first
having received an Evaluator License from the City, as provided in this Division.
(b) Any person desiring a license to conduct housing evaluation shall make written application to the City on
a form prepared by the Issuing Authority.
(c) The application form shall be accompanied bya non-refundable evaluator license fee in accordance with
~,~~ction 14.03 of this Code. . -- -~-~ ~ -
or
, .' (d) Each applicant, as determined by the Issuing Authority, who does not hold a license from a municipality \.
,having an acceptable licensing requirement shall be required to take an examination to determine. skiJIand
'" ~.~_~wledge. . Exc~pt when special ~,,::~~~ements are made by the Issuing Authority, .Ul.@.~rn!!'talj6n~shaR.~~.1
given the'thlrd F,nday of March, ~June,j''September and December of each year. The examination fee shall be In
~~cdb',:aa'nt~WithIsecH(in' 14.'63' ~f this Code. ""h,""'" . . " ':d';I!.,tL~~ --~
- -, .
(e) All licenses under this Division shall terminate on December 31 of each year, Persons who have not
renewed their license within one (1) year of the expiration of their license shall pass the City exarnination prior to
any renewal.
~,Recodified by Ord. No. 95-13, 8-7-95) .'
~;
SEC. 14.526. CITY EMPLOYEES.
(a) The City may perform evaluations, using qualified employees who meet the license requirements.
Evaluations performed by City employees shall only be through an agreement between the owner or owner's
agent and the City. Fees for an evaluation conducted by the City shall be in accordance with Section 14.03 of
this Code.
(b) City employees shall be subject to the duties in Section 14.529 of this Code except requirements (a)(4)
and (b)(3).
(Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.527/iSTANDARDSFOR DENYiNG OR REVOKING AN EVALUATOR UCENS!rl1':',
Evaluator licenses shall be granted or denied by the Issuing Authority in accordance with guidelines adopted (.
by the City Council.
(a) Denial of License. The Issuing Authority shall deny an evaluator license ifthe applicant:
(1) Is not of good moral character and repute;
14-202
LICENSES AND PERMITS
(d) No person shall offer for sale by exhibiting or showing a dwelling within the City without first having
obtained an evaluator's report and an inspection as described in this Division. .. The evaluation report shall be i
.nsPicUOUSIY displayed for inspection at the premises at all times that such dwelling is being offered for sale. .
ecodified byOrd.No. 95-13, 8-7-95) .
SEC. 14.524. EXCEPTIONS.
The provisions of Section 14.523 do not apply to:
(a) Any newly constructed dwelling when title is transferred to the first owner;
(b) Any multiple dwelling currently registered under Section 14.501 of this Chapter;
(c) The sale or other transfer of title. of any. dwelling to a public body;
(d) The sale or transfer of title of any dwelling for the purpose of demolition;
(e) The sale or conveyance of any dwelling by a sheriff or other public or court o.fficer in the performance of
their official duties. This exemption does not apply, however, to the sale of a dwelling by a person appointed by a
probate court.
(Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.525. EVALUATOR LICENSE REQUIRED.
(a) No person shall complete a housing evaluation report on the form prescribed in this Division without first .. .
having received an Evaluator License from the City, as provided in this Division.
(b) Any person desiring a license to conduct housing. evaluation shall make written application to the City on
a form prepared by the Issuing Authority.
(c) The application form shall be accompanied by a non-refundable evaluator license fee in accordance with
Section 14.03 of this Code. .
(
,
_ (d) Each applicant, as determined by the Issuing Authority; who does not hold a license from a municipality
aving an acceptable licensing requirement shall be required to take an examination to determinep skill and
. .
k~owledge. Except when special arrangements are made by the Issuing Authority, ~mLnation_sha.l.1. p~ I
gi~~n tt)e thi,rd Friday .of March.:June:"September and December of. each year. The examination fee shall beh1
"..;.,.v.;;.:;..Jlt~,Yolli-".4 {!"''i..l,,,'''~~'A'' ~ -...,,,- ' '. <lo '. . " ..~" ," J
accordance With Section 14.03 of this Code. . ".;.,..J
.
(e) All licenses under this Division shall terminate on December 31 of each year. Persons who have not
renewed their license within one (1).year of the expiration of their license shall pass the City examination prior to
any renewal.
'Recodified by Ord. No. 95-13, 8:"7-95) ,
SEC. .14.526. CITY EMPLOYEES.
(a) The City may perform evaluations, using qualified employees who meet the license requirements.
Evaluations performed by City employees shall only be through an agreement between the owner or owner's
agent and the City. Fees for an evaluation conducted by the City shall be in accordance with Section 14.03 of
- this Code.
(b) City employees shall be subject to the duties in Section 14.529 of this Code except requirements (a)(4)
and (b)(3).
(Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.527. -STANDARDS FOR DENYING OR REVOKING AN EVALUATOR L1CENS'E~"'~-
Evaluator licenses shall be granted or denied by the Issuing Authority in accordance with guidelines adopted
.the City Council.
(a) Denial of License. The Issuing Authority shall deny an evaluator license if the applicant:
(1 ) Is not of good moral character and repute;
14-:202
BLOOMINGTON CITY CODE
(2) Has been convicted of any crime directly related to the licensed occupation, pursuant to Minnesota
. Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and
present fitness to perform the duties and responsibilities of the licensed occupation, pursuant to Minnesota
Statutes, Section 364.03, subdivision 3;
(3) Has falsified any information or omitted material information in the license application form required
by the Issuing Authority;
(4) Fails to provide satisfactory proof of insurance insuring the applicanUevaluator and the City;
(5) Fails to pay the required fees.
(b) Revocation, Suspension and Refusal to Renew. The City Council may revoke, suspend or refuse to
renew an evaluator license if the license holder:
(1 ) Has been convicted of any crime directly related to the licensed occupation, pursuant to Minnesota
Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and
present fitness to perform the duties and responsibilities of the licensed occupation, pursuant to Minnesota
Statutes, Section 364.03, subdivision 3;
(2) Has falsified any information or omitted material information in the license application' form required
by the Issuing Authority;
(3) Has been the subject of substantiated complaints from residents using the applicant's inspection
services;
I (4) Has demonstrated incompetency or inefficiency in conducting inspections;
(5) Fails to provide satisfactory proof of insurance insuring the applicant/evaluator and the City;
(6) Allows required insurance to lapse;
(7) Has allowed the evaluator's certification to be used by another person;
(8) Violates any of the provisions of this Division or any conditions provided for in the license issued
pursuant to this Division;
(9) Fails to pay the required fees or fails to promptly file any disclosure report.
. (c) Notice and Hearinq. A revocation, suspension or denial of a renewal application by the City Council
shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight (8) days'
notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The
notice shall be mailed by regular and certified mail to the licensee at the most recent address listed on the license
application.
(Recodified by Ord. No. 95-13,8-7-95)
SEC. 14.528. FORMS.
The City shall prepare or authorize use of forms as it deems appropriate to constitute a disclosure under this
Division. The form shall provide information concerning City of Bloomington housing standards, major structural
defects and immediate hazards to health, safety and property.
(Recodified by Ord. No. 95-13,8-7-95)
SEC. 14.529. DUTIES OF EVALUATORS.
(a) Each evaluator shall comply with the following:
(1 ) Maintain a current license from the City;
(2) Conduct an inspection of the property being offered for sale and conduct all evaluations within the
program's guidelines;
(3) Meet required continuing education requirements established by the Issuing Authority;
(4) Provide a certificate of insurance showing proof of the following insurance coverage:
(A) general liability insurance of not less than $250,000 per claim and $500,000 per year
aggregate; and
(B) professional errors and omissions insurance of not less than $250,000 per claim and
. $500,000 per year aggregate.
Such insurance may include a deductible not exceeding $5,000. The insurance shall list the City of
Bloomington as an additional insured and shall cover any and all liability resulting from the performance of the
duties as a licensed housing evaluator.
(5) Keep the City apprised of his/her current mailing address and telephone number;
(6) Agree to a code of ethics in performance of evaluation duties.
14-203
LICENSES AND PERMITS
(b) Each evaluator shall comply with the following procedure for preparing and filing reports: .
(1 ) The evaluation report shall be either typewritten or legibly printed in ink on forms furnished by the
City. The report shall indicate whether the condition meets City of Bloomington housing standards, is below City
of Bloomington housing standards or is deemed to be hazardous at the time and date of the evaluation.
(2) The evaluator shall submit the original evaluation report to the seller. A duplicate shall be filed with
the Issuing Authority within ~ (~calendar days after the evaluation has been made.
(3) A filing fee, as determined in Section 14.03 of this Code, shall be required with each evaluation
report filed with the Issuing Authority.
(Recodified by Ord. No. 95-13,8-7-95)
SEC. 14.530. CORRECTION OF IMMEDIATE HAZARDS.
(a) The following items, when discovered by the evaluator, shall be identified as immediate hazards in the
evaluation report:
(1 ) Heating systems that are unsafe due to burned out or rusted heat exchangers; burned out, rusted
or plugged flues~ no vent; connection with unsafe gas supplies; or incapacity to adequately heat the living space.
(2) Water heaters that are unsafe due to burned out or rusted heat exchangers; burned out, rusted or
plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves.
(3) Electrical systems that are unsafe due to dangerous overloading; damaged or deteriorated
equipment; improperly tapped or spliced wiring~ exposed uninsulated wires; temporary distribution systems; or
ungrounded systems.
(4) Plumbing systems that are unsanitary due to leaking waste systems, fixtures or traps; lack of an
operating toilet; lack of washing and bathing facilities; cross connection of municipal water supply with fixtures or
sewage lines; or the lack of water.
(5) Structural systems, including walls, chimneys, ceilings, roofs, foundations, floor systems or decks
which are not capable of carrying imposed loads. ~.
(6) Exterior roofs, walls, chimneys and foundations that are not weather tight and water tight to the
extent that it creates an immediate hazard.
(7) Abandoned fuel tanks.
(8) Pefuse, garbage, human waste, decaying vermin or other dead animals, animal waste, vermin
infestation or other materials rendering residential building and structures unsanitary for human occupancy.
(9) Lack of properly located operational smoke detectors.
(b) No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists If the
dwelling unit is occupied and an immediate hazard exists, corrective action shall be taken by the owner or agent
of the owner.
(c) When correcting identified hazards, the owner shall obtain all necessary permits from the City and the
premises shall be subject to City inspection prior to occupancy of the dwelling.
(d) If, due to hardship, the owner cannot undertake corrective action, the buyer may elect to correct
Immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must have
written consent from the Issuing Authority. Such written consent may be subject to terms and conditions
Including:
(1) a signed agreement from the buyer accepting responsibility for correction of the hazardous items;
(2) reasonable completion dates;
(3) evidence of financial ability to perform the corrections;
(4) when the buyer may occupy the dwelling.
(e) If the owner is a government agency or if an agreement exists between the owner and buyer that the
buyer will correct immediate hazards as part of a remodeling project, the buyer may correct immediate hazards
identified in the evaluator's report. A buyer intending to correct immediate hazards must have written consent .
from the Issuing Authority. Such written consent may be subject to the terms and conditions including:
(1 ) a signed agreement from the buyer accepting responsibility for correction of the hazardous items;
(2) reasonable completion dates;
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(b) Each evaluator shall comply with the following procedure for preparing and filing reports:
. (1) The evaluation report shall be either typewritten or legibly printed in ink on forms furnished by the
ty. The report shall indicate whether the condition meets City of Bloomington housing standards, is below City
of Bloomington housing standards or is deemed to be hazardous at the time and date of the evaluation.
(2) The evaluator sh~bmit the original evaluation report to the seller. A duplicate shall be filed with
the Issuing Authority within iclo ( calendar days after the evaluation has been made.
(3) A filing fee, as determined in Section 14.03 of this Code, shall be required with each evaluation
report filed with the Issuing Authority.
(Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.530. CORRECTION OF IMMEDIATE HAZARDS.
(a) The following items, when discovered by the evaluator, shall be identified as immediate hazards in the
evaluation report:
(1) Heating systems that are unsafe due to burned out or rusted heat exchangers; burned out, rusted
or plugged flues; no vent; connection with unsafe gas supplies; or incapacity to adequately heat the living space.
(2) Water heaters that are unsafe due to burned out or rusted heat exchangers; burned out, rusted or
plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves.
(3) Electrical systems that are unsafe due to dangerous overloading; damaged or deteriorated
equipment; improperly tapped or spliced wiring; exposed uninsulated wires; temporary distribution systems; or
ungrounded systems.
(4) Plumbing systems that are unsanitary due to leaking waste systems, fixtures or traps; lack of an
operating toilet; lack of washing and bathing facilities; cross connection of municipal water supply with fixtures or
sewage lines; or the lack of water.
(5) Structural systems, including walls, chimneys, ceilings, roofs, foundations, floor systems or decks
which are not capable of carrying imposed loads. j
. (6) Exterior roofs, walls, chimneys and foundations that are not weather tight and water tight to the '.
ent that it creates an immediate hazard.
(7) Abandoned fuel tanks.
(8) Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, vermin
infestation or other materials rendering residential building and structures unsanitary for human occupancy.
(9) Lack of properly located operational smoke detectors.
(b) No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the
dwelling unit is occupied and an immediate hazard exists, corrective action shall be taken by the owner or agent
of the owner.
(c) \Nl1en correcting identified hazards, the owner shall obtain all necessary permits from the City and the
premises shall be subject to City inspection prior to occupancy of the dwelling.
(d) If, due to hardship, the owner cannot undertake corrective action, the buyer may elect to correct
immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must have
written consent from the Issuing Authority. Such written consent may be subject to terms and conditions
including:
(1 ) a signed agreement from the buyer accepting responsibility for correction of the hazardous items;
(2) reasonable completion dates;
(3) evidence of financial ability to perform the corrections;
(4) when the buyer may occupy the dwelling.
(e) If the owner is a government agency or if an agreement exists between the owner and buyer that the
buyer will correct immediate hazards as part of a remodeling project, the buyer may correct immediate hazards
identified in the evaluator's report. A buyer intending to correct immediate hazards must have written consent
. the Issuing Authority. Such written consent may be subject to the terms and conditions including:
(1) a signed agreement from the buyer accepting responsibility for correction of the hazardous items;
(2) reasonable completion dates;
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BLOOMINGTON CITY CODE
(3) evidence of financial ability to perform the corrections;
(4) when the buyer may occupy the dwelling.
'. (Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.531. PENALTY.
(a) The failure of any owner, agent of an owner, or buyer to comply with the provisions of this Division or to
comply with an order issued by the City pursuant to this Code shall be a misdemeanor.
(b) The failure of any evaluator to comply with the licensing provisions of this Chapter .shall be a
misdemeanor.
(c) The City may also enforce provisions of this Chapter by mandamus, injunction, or other appropriate
remedy ina court of competent jurisdiction. .
SEC. 14.532. WARRANTY LIMITATIONS.
(a) Nothing in the evaluator's report shall guarantee or warrant that a dwelling meets all minimum
maintenance;. housing and building standards.
(b) Evaluations conducted pursuant to this DivisIon are made. in order to improve the overall housing stock
in the City. The report issued by the evaluator is not a guarantee or warranty to any individual buyer, seller or
. renter regarding thecconditidn of the individual dwelling, nor is the report intended for the special benefit of any
individual. .
... (Recodified by Ord. No. 95-13,8-7-95)
SEC. 14.533. EFFECTIVE DATE.
. This Division shall be effective for dwellings offered or listed for sale by exhibiting or showing on or after .
January 1, 1995. )
(Recodified by Ord. No. 95;.13;8-7-95)
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SEC. 14.534. SEVERABILITY.
}~t\
If any section, subsection, sentence, clause, or phrase of this Divisionis for any reason held to be invalid,
such decision shall not affectthe validity of the remaining portions of this Division. . The City Council hereby
declares that it would have adopted the Division in each section, subsection, sentence, clause,or phrase thereof,
irrespective of the facUhat anyone or more sections, subsections, sentences, clauses, .or phrases be declared
invalid. . ..
(Recodified byOrd. No. 95-13, 8~7-95)
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