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HomeMy WebLinkAbout1052 - ADMIN Ordinance - City Council - 1968/12/09Origir. l • DECEMBER 9, 1968 8H eORDINANCE NO. 1052 AN ORDINANCE REGULATING THE iv_AINTENANCE, OCCUPANCY AND USE OF DWELLINGS, AND PRE- MISES IN THE CITY OF ST. LOUIS PARK TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE BY ESTABLISHING MINIMUM STANDARDS GOVERNING BASIC EQUIPI,_ENT AND FACILITIES, PHYSICAL CON- DITION, MAINTENANCE, OCCUPANCY AND USE OF SUCH DWELLINGS, PRElv_ISES AND STRUCTURES: PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND PENALTIES FOR VIOLATION THEREOF WHEREAS, the elimination of slums and blighted areas and the pre- vention of their future growth is a major objective of the City Council of the City of St. Louis Park; and, WHEREAS, the City has the right under its Charter to regulate the maintenance and occupancy of all buildings, and structures within its boundaries; and, WHEREAS, the City Council is of the opinion that the enactment of this Ordinance is necessary in order to protect the public health from the dangers of slum conditions, blighted areas and substandard housing; and, WHEREAS, the City has the right and duty to adopt and enforce such police, health and sanitary regulations as are necessary in order to prevent the spread of disease; and, WHEREAS, the experience of all cities has demonstrated that slum and blighted areas result from improper maintenance of dwellings, inade- quate sanitation, over -crowding of dwellings and general community neglect; and, WHEREAS, the City Council deems the enactment and enforcement of this Ordinance vitally essential in order to maintain and promote the peace, lives, health, security and property of our inhabitants and to pro- mote the general welfare of the City; and, WHEREAS, in the City of St. Louis Park there are, or may in the future be dwelling structures which are so dilapidated, unsafe, dangerous, unhygienic, or insanitary as to constitute a menace to the health and safety of the people of this City of St. Louis Park. THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. That maintenance, occupancy, and use of dwellings and premises are hereby regulated as follows: e • Section 5:2101. Sections 5:2101 to 5:2503, inclusive shall be known as the "St. Louis Park 1968 Housing Code", may be cited as such and will be referred to herein as "this Code. " Section 5:2102. The purpose of this Code is to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings. Section 5:2103. (a) Application. The provisions of this Code shall apply to all buildings or portions thereof, used, or designed or intended to be used, for human habitation. Occupancies in existing buildings which may be continued as authorized in the St. Louis Park Building Code, may be continued under this Code except such structures as are found to be substandard as defined in this Code. Where any building or portion thereof, is used or intended to be used as an apartment house or hotel, the provisions of this Code shall apply to the separate portions as if they were separate buildings. (b) Alteration. Existing buildings which are altered or enlarged shall be made to conform to this Code insofar as the new work is concerned and in accordance with the St. Louis Park Building Code. (c) Relocation. Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all the require- ments of this Code. Section 5:2104. (a) Authority. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. (b) Right of Entry. Upon presentation of proper credentials the Building Official or his duly authorized representatives may enter at reasonable times any building, structure, or premises in the City to per- form any duty imposed upon him by this Code. (c) Responsibilities Defined. Every owner remains liable for violations of duties imposed upon him by this Code even though an obli- gation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. Every owner, or his agent, in addition to being responsible for 410 maintaining his building in a sound structural condition, shall be -2- • •responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary, and safe condition including the shared or public areas in a building containing two or more dwelling units. Every owner shall, where required by this Code, the health ordinances or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents, or other pests when such extermination is not speci- fically made the responsibility of the occupant by law or ruling. Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all his rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the health officer. Every occupant shall, where required by this Code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe -and sanitary. Section 5:2202. All buildings or portions thereof which are deter- mined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Sections 463. 15 et seq. Minnesota Statutes, relating to Hazardous and Substandard Buildings. Section 5:2204. It shall be unlawful for any person, firm, or cor- poration to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than one hundred dollars ($100. 00) or by imprisonment for not to exceed ninety (90) days. • Section 5:2301. No person, firm, or corporation shall erect, -3- construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or cause or permit the same to be done, without first obtaining a separate building permit for each such building or structure from the City of St. Louis Park in the manner and according to the applicable conditions prescribed in St. Louis Park Building Code. Section 5:2303. All buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this Code and the St. Louis Park Building Code. Section 5:2401. For the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as speci- fied in this Chapter. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Terms, words, phrases, and their derivatives used but not specifically defined in this Code shall have the meaning defined in Chapter 4 of the Uniform Building Code, as adopted by reference as a part of the St. Louis Park Building Code. Apartment. Apartment shall mean a dwelling unit as defined in this Code. Apartment House. Apartment house is any building, or portion thereof, which is designed, built, rented leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other in dwelling units as defined in this Code. Approved. Approved as to materials and types of construction, refers to approval by the Building Official as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by national authorities, technical or scientific organizations. Basement. Basement is that portion of a building between floor and ceiling, which is partly below and partly above grade, as defined in this Chapter, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. Board of Appeals. Board of Appeals when used herein shall mean The Building Construction Codes Advisory Commission of the City of St. Louis Park. Boarding House. Boarding house is a lodging house in which meals are provided. -4- • Building. Building shall mean any building or structure, or portion thereof, which is used, or designed or intended to be used for human habitation for living, sleeping, cooking, or eating purposes or any com- bination thereof. Building, Existing. Existing building is a building erected prior to the adoption of this Code, or one for which a legal building permit has been issued. Building Official. Building Official is the officer charged with the administration and enforcement of this Code, or his regularly authorized deputy, to -wit: the Building Inspector also known as the Supervisor of Protective Inspection, and the Health Officer with respect to sanitation and health provisions hereof. Ceiling Height. Ceiling height shall be the clear vertical distance from the finished floor to the finished ceiling. Cellar. Cellar is that portion of a building between floor and ceiling which is wholly or partly below grade, as defined in this Chapter, and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. Court. Court is an open, unoccupied space extending not more than 24 inches below finish grade and bounded on two or more sides by the walls of the building. An inner court is a court entirely within the exterior walls of a building. All other courts are outer courts. Dormitory. Dormitory is a room occupied by more than two guests. Dwelling. Dwelling is any building or any portion thereof, which is not an "Apartment House", a "Lodging House", or a "Hotel" as defined in this Code, which contains one or two "Dwelling Units" or "Guest Rooms", used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes. Dwelling Unit. Dwelling unit is a suite of two or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and dining. Efficiency Living Unit. Efficiency living unit is any room having cooking facilities used for combined living, dining, and sleeping purposes and meeting the requirements of Section H-503 (b). Exception. • Exit. Exit is a continuous and unobstructed means of egress to a public way, and shall include intervening doorways, corridors, ramps, -5- stairways, smoke -proof enclosures, horizontal exits, exterior courts, and yards. Family. Family is an individual or two or more persons related by blood or marriage, or a group of not more than five persons; excluding servants, who need not be related by blood or marriage, living together in a dwelling unit. Grade (Ground Level). Grade (Ground Level) is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet (5') of a sidewalk, the above ground level shall be measured at the sidewalk. Guest. Guest is any person hiring or occupying a room for living or sleeping purposes. Guest Room. Guest room is any room or rooms used, or intended to be used by a guest for sleeping purposes. Every one hundred square feet (100 sq. ft.) of superficial floor area in a dormitory is a guest room. Habitable Room. Habitable room shall mean any room meeting the requirements of this Code for sleeping, living, cooking or dining purposes excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars,,utility rooms and similar spaces. Health Officer. Health officer shall be the legally designated head of the Department of Health of this City, or his duly authorized representative. Hot Water. Hot water shall be water at a temperature of not less than 120°F. Hotel. Hotel is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests, whether rent is paid in money, good, labor, or otherwise. It does not in- clude any jail, hospital, asylum, sanitarium, orphanage, prison, detention home, or other institution in which human beings are housed and detained under legal restraint. Interior Lot. Interior Lot is a lot other than a corner lot. Kitchen. Kitchen shall mean a room used, or designed to be used, for the preparation of food. -6- 0 • • Lodging House. Lodging house is any building or portion thereof, containing not more than five guest rooms which are used by not more than five guests where rent is paid in money, goods, labor or otherwise. A lodging house shall con-iply with all of the requirements of this Code for dwellings. Nuisance. The following shall be defined as nuisances: (a) Any public nuisance known at common loaw or in equity jurisprudence. (b) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, base- ments, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors. (c) Whatever is dangerous to human life or is detrimental to health. (d) Overcrowding a room with occupants. (e) Insufficient ventilation or illumination. (f) Inadequate or insanitary sewerage or plumbing facilities. (g) Uncleanliness. (h) Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings. Occupied Space. The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane excluding permitted projections as allowed by this Code. Rooming House. Rooming House shall mean the same as Lodging House. Service Room. Service room shall mean any room used for storage, bath or utility purposes, and not included in the definition of habitable rooms. Story. Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet (6') above grade such basement or cellar shall be considered a story. Superficial Floor Area. Superficial floor area shall mean the net floor area within the enclosing walls of the room in which the ceiling height is not less than five feet (5'), excluding built-in equipment such as ward- robes, cabinets, kitchen units, or fixtures. -7- e • Uniform Building Code shall mean those portions of the Uniform Building Code, Volume 1, 1967 Edition, published by the International Conference of Building Officials adopted by reference by the City of St. Louis Park as a part of its building code which is referred to herein as the St. Louis Park Building Code. References herein to Chapter 203 of the Uniform Building Code or subsections thereof, shall mean and refer to a corresponding section of the Laws of the State of I`,innesota relative to removal, repair or to demolition of buildings. Used. Used shall mean used or designed or intended to be used. Vent Shaft. Vent shaft is a court used only to ventilate or light a water closet, bath, toilet, or utility room or other service room. Window. Window shall mean a glazed opening, including glazed doors, which open upon a yard, court, or recess from a court, or a vent shaft open and unobstructed to the sky. Yard. Yard is an open, unoccupied space, other than a court, un- obstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated. Section 5:2501. Adoption of Housing Code by Reference. There is hereby adopted by the City of St. Louis Park for the purpose of prescrib- ing regulations governing maintenance, occupancy, and use of dwellings and premises, that certain code entitled the "Uniform Building Code, Volume III, Housing, 1967 Edition," prepared by the International Conference of Building Officials and the whole thereof, save and except Chapters 1, 2, 3, and 4 thereof, which adopted portion consists of Chapters 5, 6, 7, 8, 9, and 10 thereof, not less than three (3) copies of which code have been and now are filed in the office of the Clerk of the City of St. Louis Park marked "Official Copies" and the said portions of the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of St. Louis Park. Section 5:2502. Appeals. Whenever the Building Official shall take action which is disputed, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the aggrieved party may appeal from the decision of the Building Official to the Building Construction Code Advisory Commission for its recommendation within 30 days from the date of the decision of the Building Official and to the City Council for final decision. ® Section 5:2503. Separability. Should any section, subdivision, -8- 0 so clause, paragraph, sentence, or word of this ordinance, or of the code hereby adopted, be declared by a court of competent jurisdiction for any reason to be invalid, such decision shall not affect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination here - from of any such portion as may be declared invalid. Section 2. Repealer. The following ordinance of the City of St. Louis Park is repealed in its entirety, Ordinance No. 352, Entitled "An Ordinance Regulating the iv_aintenance, Occupancy and Use of Dwellings, and Premises in the City of St. Louis Park to Protect the Public Health, Safety and Welfare by Establishing Mini- mum Standards Governing Basic Equipment and Facilities, Physical Condition, iV�aintenance, Occupancy and Use of Such Dwellings, Premises and Structures; Providing for Administration, Enforcement and Penalties for Violation Thereof", adopted September 24, 1962. provided, however, that this repeal shall not relieve any person of penalty or other legal liability for violation or failure to comply with any provision thereof. Section 3. This ordinance shall take effect fifteen days after its publication. Att- st: ty Clerk Adopted by the City Council December 23, 196 - 1 Reviewed for administration: IVay7 Approved as to form and legality: City Manager City Attorney Reviewed for Housing Code: Supervisor of Zoning and Inspections • SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION St. Louis Park Sun 12 Suburban Square Hopkins, Minnesota State of Minnesota 1 County of Hennepin j SS. W JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipahty which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park in the County of Hennepin and it has its known office of in the City of Hopkins in said county, estabhshed and open during its regular business s for the gathering of news, sale of advertisements and sale of subscriptions and main - ed by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed ORDINANCE N0 • 1052 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 1 that it was first so published on ThUTsthe and was thereafter printed and published on every successive weeks; 2 day of Jan. Thurs. 19 69 to and including ahurs .the 2 day of Jan • 19 69 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publlcation of said notice, to wit: abcdefghijklmnopqrstuvwxyz abcdefghfjklmnopgrstuvwxyz • - Subscribed alld sworn to before me this (Notarial Seal) ' day of Barbara Samuelson, Notary Public, Ramsey County, Minn. My Commission Expires November 8, 1971 19 ,t. (Official Aitlicattoal DECEMBER 9, 1968 811 ORDINANCE NO 1052 AN ORDINANCE REGULATING THE MAINTENANCE, OCCUPANCY AND USE OF DWELLINGS AND PREMISES IN THE CITY OF ST LOUIS PARK TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE BY ESTABLISHING MINIMUM STANDARDS GOVERNING BASIC EQUIP- MENT AND FACILITIES, PHYSICAL CON- DITION, MAINTENANCE, OCCUPANCY AND USE OF SUCH DWELLINGS, PREM ISES AND STRUCTURES PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND PENALTIES FOR VIOLATION THEREOF WHEREAS the elimination of slums and blighted areas and the prevention of their future growth is a major objective of the Cali, Council of the City of St Louis Park and WHEREAS the City has the right under its Charter to regulate the maintenance and occupancy of all buildings and structures within its boundaries and WHEREAS the City Council is of the opinion that the enactment of this Ordi- nance is necessary in order to protect the public health from the dangers of slum conditions blighted areas and substandarc housing and WHEREAS the City has the right and duty to adopt and enforce such police health and sanitary regulations as are neces sary in order to prevent the spread of disease and WHEREAS the experience of all cities has demonstrated that slum and blighted areas result from improper maintenance of dwellings inadequate sanitation over -crowd- ing of dwellings and general community neglect and WHEREAS the City Council deems the enactment and enforcement of this Ordinance vitally essential in order to maintain and promote the peace lives health security and property of our inhabitants and to pro- mote the general welfare of the City and WHEREAS in the City of St Louis Park there are or may in the future be dwelling structures which are so dilapidated unsafe dangerous unhvgiemc or insanitary as to constitute a menace to the health and safety of the people of this City of St Louis Park THE CITY OF ST LOULS PARK DOES ORDAIN I Section 1 That maintenance occupancy and `use of dwellings and premises are hereby regulated as follows Section 5 2101 Sections 5 2101 to 5 2503 inclusive shall be known as the St Louis Park 191,8 Housing Code may be cited as such and will be referred to herein as this Code Section 5 2102 The purpose of this Code is to provide minimum requirements for the protection of life lunb health property safety and welfare of the general public and the -owners -and occupants of residential buildings Section 5 2103 gal Application The provisions of this, Code shall apply to all buildings or portions thereof used or de- signed or intended to be used for human habitation Occupancies in existing buildings which may be continued as authorized in the St Louis Park Building Code may be con- tinued under this Code except such struc tures as are found to be substandard as de- fined in this Code Where any building or portion thereof is used or intended to be used as an apart- ment house or hotel the provisions of this 'Code shall apply to the separate portions as if they were separate bdildmgs .b) Alteration Existing buildings which are altered or enlarged shall be made to con- form to this Code insofar as the new work is -concerned and in accordance with the St . Louis Park Building Code Ica Relocation Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all the requirements of this Code Section 5 2104 .al Authority The Building Official is hereby authorized and directed to enforce all the provisions of this Code ibl Right of Flury Upon presentation of proper credentials the Building Official or his duly authorized representatives may en- ter at reasonable tunes any building struc lure or premise, in the City to perform anv duty unposed upon him by this Code incl Responsibilities Defined Every owner remains liable for violations of duties am posed upon hum by this Code even though an obligation is also imposed on the occu pants of his building and even though the owner has by agreement Imposed on the occupant the duty of furnishing required equipment or of complying with this Code Every owner or his agent m addition to being responsible for maintaining his build- ing in a sound structural condition shall be respomlble for keeping that part of the building or premises which he occupies or controls in a clean sanitary and safe condition including the shared or public areas in a budding containing two or more dwell- ing units Every owner shall where required by this Cade the health ordinances or the health officer furnish and maintain such approved sanitary facilities as required and shall furnish and maintain approved devices equipment or facilities for the prevention of Insect and rodent infestation and where In- festation has taken place shall be respon- sible for the extermination of anv insects rodents or other pests when such extermina- tion is not specifically made the responsibility of the occupant by law or ruling Every occupant of a dwelling unit in addi- tion to being responsible for keeping, in a clean sanitary and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls shall dis- pose of all his rubbish garbage and other organic waste in a manner required by the health ordinance and approved by the health officer Every occupant shall where required by this Code the health ordinance or the health officer furnish and maintain approved de- faces equipment or facdimes necessary to keep his premises safe and sanitary Section 5 2202 All buildings or portions thereof which are determined to be sub- standard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair rehabilitation demoli- tion or removal in accordance with the pro- cedure specified in Sections 46315 et seq Minnesota Statutes relating to Hazardous and Substandard Buildings Section 5 2204 It shall be unlawful for any person firm or corporation to erect construct enlarge alter repair move im- prove remove convert or demolish equip use occupy or maintain any building, or structure In the city or cause or permit the same to be done contrary to or in viola- tion of any of the provisions of this Code Any person fine or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor and each such per- son shall be deemed guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed continued or permitted and upon convic- tion of any such violation such person shall be punished by a fine of not more than one hundred dollars 19100 001 or by imprison- ent for not to exceed ninety 190) days Section 5 2301 No person firm or corpo- ation shall erect construct, enlarge alter pair move improve remove convert ✓ demolish any building or structure or ause or permit the same to be done without fist oniaining a separate building permit or each such building or structure from the ity of St Louis Park in the manner and cording to the applicable conditions pre- rbed m St Louis Park Building Code Section 5 2303 All buildings or structures 'thin the scope of this Code and all Son truction or work for which a permit is re- uired shall be subject to inspection by the riding Official in accordance with and in he manner provided by this Code and the t Louis Park Budding Code Section 5 2401 For the purpose of thus ode certain abbreviations terms phrases, ords and their derivatives shall be con - trued as specified in this Chapter Words sed in the suigular include the plural and plural the singular Words used in the asculme gender include the feminine and e feminine the masculine Terns, words rases and their derivatives used but not ecifucally defined in this Code shall have meaning defined in Chapter 4 of the uniform Building Code as adopted by refer- nce as a part of the St Louis Park Building ode Apartment Apartment shall mean a dwell - unit as defined In this Code Apartment House Apartment house is any 'Iding, or portion thereof which as de- gned built rented leased let or hired out be occupied or which Is occupied as the me or residence of three or more families mg independently of each other in dwell - units as defined in this Code Approved Approved as to matenals and pes of construction refers to approval by Building Official as the result of mvesti- tion and tests conducted by him or by ason of accepted principles or tests by tional authontes technical or scmenttfic ganizations Basement Basement is that portion of a tiding between floor and ceding which is rtly below and partly above grade as fined in this Chapter but so located that vertical distance from grade to the r below is less than the vertical dis- nce from grade to ceiling Board of Appeals Board of Appeals when herein shall mean The Building Con- ction Codes Advisory Commission of the y of St Louis Park Boarding House Boarding house is a ging house in which meals are provided fldmg Bidding shall mean any budding structure, or portion thereof, which as or designed or intended to be used human habitation for living, sleeping cook - or n thereefting purposes or any combuna- tiding, Existing Existing building is a Iding erected prior to the adoption of this e or one for which a legal building per - has been issued Wing Offlclal Building Official is the of - ✓ charged with the administration and orcement of flus Code or hes regularly honed deputy to-wat the Building In - tor also known as the Supervisor of ective Inspection and the Health Officer h respect to sanitation and health prove- s hereof eIling Height Ceiling height shall be the r vertical distance from the finished floor he finished ceiling eller Cellar is that portion of a building een floor and ceiling which is wholly partly below grade or defined in this pter and so located that the vertical nce from grade to the floor below is al to or greater than the vertical distance grade to ceiling oun Court is an open unoccupied space nding not more than 24 inches below grade and bounded on two or more by the walls of the building An Inner is a court entirely within the exterior Is of a building All other courts are oul- rts mftory Dormitory is a room occupied ore than two guests (Mtg Dwelling is any budding or any ion thereof which as not an Apartment se " a Lodging House " or a Hotel" defined in this Code which contains or two Dwelling Units" or Guest s ' used intended or designed to be!' used rented leased Iet or hired out occupied or which are occupied for g purposes ening Unit Dwelling unit Is a suite of or more habitable rooms which are oc- ed or which are untended or designed occupied by one family with facilities vung sleeping cooking and dining ficfency Living Unit Efficiency living is any room having cooking facmhties for combined laving dining and sleeping ses and meeting the requirements of on H-503 i b) Deception it Exit Is a continuous and unob- ted means of egress to a public way hall include intervening doorways corn - ramps stairways smoke proof en - res horizontal exits exterior courts •ards mdy Family is an individual or two ore persons related by blood, or mar - or a group of not more than five per - excluding servants who need not be re - by blood or marriage living together welling unit (Ground Level) Grade (Ground II is the average of the finished ground at the center of all walls of a building se walls are parallel to and within five 151 of a sidewalk the above ground shall be measured at the sidewalk et Guest is any person hiring or occu a room for living or sleeping pur- 1 Boom Guest room 15 any room or s used or intended to be used by a for sleeping purposes Every one square feet (100 sq ft of super - floor area in a dormitory is a guest table Room Habitable room shall any room meeting the requirements s Code for sleeping Irving cooking or purposes excluding such enclosed as closets pantries bath or toilet service roams connecting corndors res unfinished attics foyers storage s cellars utility rooms and similar !tub Officer Health officer shall be gaily designated head of the Depart - of Health of this City or his duly au - representative Water Hot water shall be water at perature of not less than 120 degrees F 1 Hotel is any building containing sax re guest rooms intended or designed used or which are used rented or out to be occupied or which are occu- for sleeping purposes by guests r rent is paid in money good labor erwmse It does not include any jail 1 asylum sanitarium orphanage pre etentmon home or other institution In human beings are housed and detained legal restraint or Lot Interior Lot is a lot (other corner lot hen Kitchen shall mean a room used ugned to be used for the preparation ng House Lodging house as any build - portion thereof containing not more than five guest rooms which are used by not more than five guests where rent 1 paid in money goods labor or otherwise A lodging house shall comply with all the requirements of this Code for dwellings Nuisance The following shall be defi as nuisances ia) Anv public nuisance known at com mon law or In equity jurisprudence 1b) Any attractive nuisance which ma prove detrimental to children whether 1 a building on the premises of a build mg or upon an unoccupied lot This in eludes any abandoned wells shafts base ments or excavation abandoned frigerators and motor vehicles or an structurally unsound fences or structures or any lumber trash fences debris o vegetation which may prove a haza for inquisitive minors 1c) Whatever is dangerous to human hf or is detrimental to health id) Overcrowding a room with occupants le) Insufficient ventilation or illumination ill Inadequate or insanitary sewerage plumbing facilities g) unclean!iness ih) Whatever renders air food or drin unwholesome or detrimental to the healt of human beings Occupied Space The total area of al buildings or structures on any lot or parce of ground projected on a horizontal pia excluding permitted projections as allow by this Code Rooming House Rooming House shal mean the same as Lodging House Service Room Service roan shall mea any room used for storage bath or utilit purposes and not included in the definitio of habitable rooms Story Story is that portion of a buildin included between the upper surface of an floor and the upper surface of the floor nes above except that the topmost story shal be that portion of a building included be tween the upper surface of the topmos floor and the ceiling or roof above H th finished floor level directly above a base mem or cellar is more than six feet i6 above grade such basement or cellar shal be considered a story Superficial Floor Area Superficial fl area shall mean the net floor area withi the enclosing walls of the room in whic the ceiling height is not less than five f 15'1 excluding built in equipment such a wardrobes cabinets kitchen units or fix to res Uniform Building Code shall mean tho portions of the Uniform Building Code Volume 1 1967 Edition published by the In ternational Conference of Budding Official adopted by reference by the City of St Louis Park as a part of its building cod which is referred to herein as the St Low Park Building Code References herein t Chapter 203 of the Uniform Building Cc or subsections thereof shall mean and refe to a corresponding section of the Laws of th State of Minnesota relative to removal repair or to demolition of buildings Used Used shall mean used or desig or intended to be used Vent Shaft Vent shaft is a court us only to ventilate or light a water closet bath toilet, or utility room or other serve room Window Window shall mean a glaz opening including glazed doors which upon a yard court or recess from a court or a vent shaft open and unobstructed to t sky Yard Yard is an open unoccupied space other than a court unobstructed from t ground to the sky except where specificall provided by this Code on the lot on whic a building is situated Section 5 2501 Adoption of Housing Cod by Reference There is hereby adopted the City of St Lotus Park for the purpose prescribing regulations governing mainte nance occupancy and use of dwellings a premises, that certain code entitled th Uniform Building Code, Volume III Hous mg 1967 Edition' prepared by the Interna tional Conference of Budding Officials an the whole thereof, save and except Cha ters 1 2 3 and 4 thereof which adopt portion consists of Chapters 5 6 7 8, 9 an 10 thereof not less than three 131 copies which code have been and now are filed 1 the office of the Clerk of the City of St Louis Park marked Official Copies' an the said portions of the same are here adopted and incorporated as fully as if out at length herein and from the date which this ordinance shall take effect, t provisions thereof shall be controlling with' the limits of the City of St Louis Park Section 5 2502 Appeals Whenever th Building Offib'al shall take action which 1 disputed or when it is claimed that t provisions of the code do not apply or th the true intent and meaning of the code hav been misconstrued or wrongly interpret the aggrieved party may appeal from t decision of the Building Official to the Bull Ing Construction Code Advisory Commissio for Its recommendation within 30 days fro the date of the decision of the Building ficial and to the City Council for fin decision Section 5 2503 Separability Should an section, subdivision clause paragraph se tence or word of this ordinance or of t code hereby adopted be declared by court of competent jurisdiction for any reaso to be invalid such decision shall not aff the validity of the ordinance as a whole n any part thereof other than the part so d clared to be invalid, it is the intent of t City Council that It would have passed a other portions of this ordinance independe of the elimination herefrom of any such po tions may be declared invalid Section 2 Repealer The following ordinan of the City of St Louis Park is repealed its entirety Ordinance No 852 Entitled An Ord nance Regulating the Maintenance Oc. pancv and Use of Dwellings and Pre ises In the City of St Louis Park Protect the Public Health Safety a Welfare by Establishing Minimum Sta dards Governing Basic Equipment a Facilities Physical Condition Maint nance Occupancy and Use of Su c Dwellings Premises and Structure Providing for Admmistration Enforc ment and Penalties for Violation Ther of " adopted September 24 1962 provided however that this repeal s not relieve any persolr of penalty or of legal liability for violation or failure to c ply with any provision thereof Section 3 This ordinance shall take elf fifteen days after its publication Adopted by the City Council Decemb 23 1968 LEONARDTHIE May Attest EARL E HANSON City Clerk Approved as to form and legalit H H BURR City Attorne Reviewed for administration CHRISCHERCHES :itv Manager Reviewed for Housing Code RICHARD BROOKS Supervisor of Zoning and Inspections i Jan 2 19691—D • ;1: ORDINANCE NO. 1052 Entitled'AN ORDINANCE REGULATING THE MAINTENANCE, OCCUPANCY ARID USE OF DWELLINGS, AND PREMISES • IN THE CITY OF ST. LOUIS PARK TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE BY ESTABLISHING MINIMUM STANDARDS GOVERNING BASIC EQUIPMENT ANS FACILITIES, PHYSICAL CONDITION, MAINTENANCE, OCCUPANCY AND USE OF SUCH DWELLINGS, PREMIS'E'S AND STRUCTURES: PROVIDING FOR ADMINISTRATION, ENFORCEMENT & PENALTIES FOR VIOLATION THEREOF '-,t' u,Dd by ??ate Rea, l 1 cg—Date _12J9J68 .. Waived S ca :d Raiding -ate 12/23/68 Wa, ved Vote: Aje N y Published Date 1/2/69 Efffpctive Date 1/17/69 Cade Reference File No. Affidavit of Publication ST. LOUIS PARK SUN St. Louis Park, Minnesota In The Matter Of 1 ! 1