Memo- Council Work Session Discussion - Vacant PropertyPlanning & Economic
Development
MEMORANDUM
TO: Rick Getschow, City Tana er
FROM: Kersten Elverum, D ct r of Planning & Development
DATE: December 3, 2009
SUBJECT: Council Work Session Discussion - Vacant Property
Staff and the City Attorney have been discussing the basis for a vacant property
registration ordinance and are prepared present a draft at the December 8, 2009,
City Council work session. The intent is to assure long -term vacant property is
maintained and returned to active use as soon as possible.
Attached is a memo from Christopher Kearney, Building Official, outlining the
current code requirements for vacant property, research regarding what other
cities are doing and the status of orders on the Harrison Avenue properties.
- --- Property aintenance
& Vacant Buildings December 3, 2009
From: Elizabeth Page & Christopher Kearney - Inspection Division
An amended version of the 2000 International Property Maintenance Code (IPMC) was adopted as
part of City Code Section 405 in January 2003. The IPMC is part of the International Code Council
family of codes that are adopted as the base for the State Building Code. It is compatible with state
codes and city ordinances and is the main standard enforced in the city for property maintenance.
2000 International Property Maintenance Code
The 2000 International Property Maintenance Code (IPMC) governs the maintenance of existing
property and buildings whether they are occupied or vacant t. The provisions of the code apply to all
existing residential and nonresidential structures and are minimum requirements and standards for
land, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection
from the elements, life safety, safety from fire and other hazards, for maintenance; and space
requirements for determining maximum occupancy. It puts the responsibility of maintaining the
structure and land the structure is built upon on owners, operators, and occupants, and addresses
administration, enforcement and penalties.
How it works
Inspections are initiated by a scheduled routine rental inspection, a complaint or a sweep (either the
entire neighborhood or as it is noticed because the inspector is in the neighborhood.)
A written notice to bring the property up to the minimum code standards is mailed or handed to the
property owner and occupants. Most life safety and sanitation issues are to be corrected within 7
days of the initial inspection and the re- inspection is conducted in 7 days; unless it is a smoke alarm
which is a 24 hour correction and re- inspection. All other corrections are given 30 days to make the
corrections and are re- inspected unless the weather does not permit the violation to be corrected or
it is a large expense, in which case it would be longer. One other exception is if the unit has to be
posted as Unfit for Human Habitation then the occupants are required to vacate within a specified
timeframe depending on the violation.
If the corrections are not made at the time of the re- inspection a FINAL notice is given or sent to the
owner and /or occupant regarding the corrections. The second re- inspection date is usually half of
the time period allowed at the first inspection; three or four days and two weeks. At the final
inspection an administrative citation is issued if the property is not in compliance; ranging from
$200 -$500.
Extensions are granted when requested and appropriate.
Vacant Properties
The City Property Maintenance Code is being enforced the same for vacant and occupied
properties. Most enforcement action on vacant properties are exterior issues as access inside is
often unavailable.
With home foreclosures sky rocketing over the past year and a half, many cities around the area
have adopted an ordinance that requires vacant properties to be registered. Below is a chart with
the findings of the cities we researched.
City
Registration
Registration
Time -Line For
1 vear ivith no code violation.
Required
Fee
Registration
Albertville
Yes
$100.00
7 Days after vacancy per
violation(s).
city ordinance definition
Property vacant for 1 to 3
Type III
$1,000
of vacant buildin
Anoka
Yes
$200.00 + half the cost of
30 Days After building
$3,000
more.
permit fee to bring building into
becomes Vacant
compliance
Brooklyn Center
Yes
" See Chart Below
30 Days After building
becomes Vacant
Crystal
Yes
$500.00 + $35.00
30 Days After building
Administration Fee
becomes Vacant
Saint Paul
Yes
$5,000.00 Bond + $1,000.00
30 Days from City
Notification
Minneapolis
Yes
$6,360.00
5 Days After Building has
been Vacant for 30 days
* ** Brooklyn Center Vacant Property Registration and Inspection Fees are listed in the two charts
below.
Annual Vacant Building Registration Fee
Property vacant for less than
Type I
$100
1 vear ivith no code violation.
Townhome
$195
Property vacant for less than
Type 11
$400
1 year with 1 or more code
violation(s).
Property vacant for 1 to 3
Type III
$1,000
rears.
Property vacant for 3 years or
Type 1V
$3,000
more.
Property Maintenance Verification Inspection
Fee
Single Family
$195
Apartment /Condo
$115
Townhome
$195
Duplex
$275
Status of Harrison Ave. S Properties
33 Harrison Ave. S: Open orders: Scrape and paint garage. Final notice mailed on December
2, 2009 to comply by June 15, 2010. Sweep (inspector) initiated (noticed while inspecting 37
Harrison Ave. S)
37 Harrison Ave. S: Open orders: Remove /replace rotten wood on house windows, fascia &
soffits & to scrape and paint all peeling areas on house (windows, fascia, soffits, and any other
areas peeling). Final notice mailed on December 2, 2009 to comply by June 15, 2010.
Complaint received on September 18, 2009 that there were numerous violations at the property.
17 & 21 Harrison Ave. S: No inspections conducted, therefore no open orders.
City of Hopkins Code Enforcement Flowchart
Complaint Received Or
Inspection Initiated
No, Violation
Does Not Exist
Inspection -
Does
Violation Exist?
Yes, Violation Exists
1 NOTICE Of Violation Mailed Or Hand Delivered
Violation To Property Owner — Depending On Violation 30
Corrected Within Days To Comply * ** Life Safety Violations Are
30 Days Given 24 Hours To 7 Days To Comply Unless
Property Is Posted Unfit For Habitation
Violation Not Corrected
Case Closed
FINAL NOTICE & Citation Warning Letter
Mailed To Property Owner;
7 Days To Comply
Inspection Fees
Invoiced,
Assessed If Not Violation Not Corrected
Paid
Violation
Corrected Citation Issued
Violation Not Corrected
Re- Inspection Appeals Hearing, If Requested; Hearing
Officer Determines Whether Or Not Violation
Exists And Amount Of Fine To Impose
* ** More time may be allowed if the violation correction is a large project or if weather does not permit the correction to be made.