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HomeMy WebLinkAbout1153 - ADMIN Ordinance - City Council - 1971/06/14• • Original ORDINANCE NO. 1153 AN ORDINANCE REGULATING THE MAINTENANCE, 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 EQUIPMENT AND FACILITIES, PHYSICAL CON- DITION, MAINTENANCE, OCCUPANCY AND USE OF SUCH DWELLINGS, PREMISES AND STRUCTURES: PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND PENALTIES FOR VIOLATION THEREOF, AND REPEALING ORDINANCE NO. 1052. 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: A e Section 5:2101. Sections 5:2101 to 5:2503, inclusive shall be known as the "St. Louis Park 1970 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 maintaining his building in a sound structural condition, shall be -2- e • 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 three hundred dollars ($300. 00) or by imprisonment for not to exceed ninety (90) days, or both. IlkSection 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). Exit. Exit is a continuous and unobstructed means of egress to a public way, and shall include intervening doorways, corridors, ramps, -5- Ostairways, 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 (59 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, cellarsa.utility rooms and similar spaces. Health Officer. Health officer shall be the legally designated head of the Department of Health of this City, or hie 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- e 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 comply 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 law• 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) Uncleanline ss. (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- Uniform Building Code shall mean those portions of the Uniform Building Code, Volume 1, 1970 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. Reference 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 Minnesota 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 wilding is situated. Section 5:2501. Adoption of Housing Volume of the Uniform Building Code by Reference. Chapters 5, 6, 7, 8, 9, and 10 of the Code entitled the "Uniform Building Code, 1970 Edition, Volume III, Housing", prepared by the International Conference of Building Officials, are hereby adopted and incorporated herein and, shall be controlling within the City of St. Louis Park. At least three (3) copies of said code shall be on file in the office of the Clerk of the City of St. Louis Park for use and examination by the public and shall be marked "Official Copies", and a substantial supply thereof shall be made available for distribution. Section 5:2505. Appeals. Whenever the Building Official shall take action which is disputed, or when it :s 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, 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 or 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. -8- QSection 2. Repealer. The following ordinance of the City of St. Louis Park is repealed in its entirety: Ordinance No. 1052, Entitled "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 Equipment and Facilities, Physical Condition, Maintenance, Occupancy and Use of Such Dwellings, Premises and Structures; Providing for Administration, Enforcement and Penalties for Violation Thereof", adopted September 23, 1968, 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 is publication. Adopted by the City Council June 14, 1971. Attest: Reviewed for administration: pervisor of oning and Inspections -9- Approved as to form and legality: City . ttorney 6601 W. 78th St. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST.LOUISP• "KSUN State of Minnesota 1 County of Hennepin j ss. Bloomington, L munityneglect; and, WHEREAS, the City Council deems the enactment and enforcement of this Ordi- nance vitally essential in order to main- tain and promote the peace, lives, health, security and property of our inhabitants and to promote 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 dilapi- dated, 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, occupan- cy, 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 1970 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, prop- erty, safety, andwelfare of the general Mini 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 hu- man habitation. Occupancies' in existing buildings which may be continued as au- thorized 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 apart- ment 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 accord- ance with the St. Louis Park Building Code. (c) Relocation. Existing buildings which are moved or relocated shall be considered as new buildingsand shall comply with all the requirements of this interest to the community which it purports to serve and does not wholly duplicate an31 Code. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here sta been the vice president and printer of the newspaper known as The St. Louis Park S has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed English language in newspaper format and in column and sheet form equivalent in space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed once each week. (3) Said newspaper has 50% of its news columns devoted to news o Section.5:2104..(a) Authority. The publication and is not made up entirely of patents, plate matter and advertisements. (` Building 01 ficial10 herebyauthorizedand newspaper is circulated in and near the municipality which it purports to serve, has a directed to enforce all the provisions of 500 copies regularly delivered, to paying subscribers, has an average of at least 75% of ii this Code. dation currently paid or no more than three months in arrears and has entryas secon (hi Right of Entry. theUpon Bulldresentation of proper credentials Building Official er in its local post -office. (5) Said newspaper purports to serve the City of St. Loui,orhis duly authorized representatives in the County of Hennepin and it has its known office of issue in the Cit of Bloomin may enter at reasonable times any build; . y f ing,structure, orpremises.in the City to said county, established and open during its regular business hours for the gathering of perform any duty imposed upon him by sale of advertisements and sale of subscriptions and maintained by the managing off] this Code. persons in its employ and subject to his direction and control during all such regular b (c)Responsibilities Defined. Every owner. remains liable for violations of du - hours and devoted exclusively during such regular business hours to the business of the ties imposed upon him by this Code even paper and business related thereto. (6) Said newspaper files a copy of each issue imme though an obligation is also imposed oa with the State Historical Society.(7) Said newspaper has com lied with all the fol theo occupantseownerof his building, and even P� though the has, by agreement, conditions for at least two years preceding the day or dates of publication mentioned imposed on the occupant the duty of fur - (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January nisghing required equipment or of comply - in with this Code. and each January 1 thereafter an affidavit in the form prescribed by the Secretary o 'Every owner, or his agent, in addition and signed by the publisher of said newspaper and sworn to before a notary public stat,) to being responsible for maintaining his building ina sound structural condition, the newspaper is a legal newspaper, He further states on oath that the printedancen.1153 hereto attached as a part hereof was cut from the columns of said newspaper, and was and published therein in the English language, once each week, for C;i successive that it was first so published on 'Inure _the day o and was thereafter printed and published on every to and in the day of 19 and that the following is a print( e lower case alphabet from A to Z, both inclusive, and is hereby acknowledged a tr a size and kind of type used in the composition and publication of said notice, to -wit abcdefghijklmnopqrstuvwxyz abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me this 17th day of June (Notarial Seal) Alice J. Nelson, Notary Public, ,Hennepin County, Minn. My Commission Expires December 26, 1973 (Off cial Publication) ORDINANCE NO. 1153 AN ORDINANCE REGULATING THE MAINTENANCE, OCCUPANCYAND,. USE OF DWELLINGS, AND PREMISES IN THE CITYI'OFST. LOUIS PARK TO PROTECT THE PUBLIC HEALTH,, SAFETY AND WELFARE BY E TAB- LISHING MINIMUM STAND RDS GOVERNING BASIC EQUIPMEN AND FACILITIES,, PHYSICAL COND ION, MAINTENA10E, OCCUPANC AND USE OF SUCH DWELLINGS, PR MIS - ES AND STRUCTURES: PROV DING FOR ADMINISTRATION, ENF RCE -s MENT.ANDPENALTIES;FOR VIOLA- TION THEREOF, AND REPEALING ORDINANCE NO. 1052. WHEREAS, the elimination of slums; and blighted areas and the prevention 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 un- der its Charter to regulate the mainte- nance and occupancy of alt 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 heatth from the dangers of slum conditions, blighted areas and substand- ard housing: and, WHEREAS, the City has the right and duty to adopt and enforce such police,.•.. healthand sanitary regulations as are necessary in orderto prevent the spread of disease: and, WHEREAS, the experience of all cities has demonstrated that slum and blighted areasresult from impropermaintenance of dwettings, inadequate sanitation, over- crowding of dwellings and general com- shall be responsible for keeping that part of the building or premises which he occu- pies or controls'. in a clean, sanitary, and safer: condition : including the shared or. public areasin a building containing two or more dwelling units. Every owner:' shall, where required by this Code, the health ordinancesor the. health officer, furnish and maintain such approved sanitary facilities as required, and shalt furnish and maintain approved devices, equipment, or facilities, for the prevention of insect and rodent infesta- tion, and where infestation nfesta-tion,andwhereinfestation has taken. place, shalt be responsible for the exter- mination of any insects, rodents, or other. pests when such extermination is not spe- cifically made the responsibitity of the occupant by law or ruling. Everyoccupant of a dwelling unit, in addition to being responsible 1 or keeping in a clean, sanitary, and safe condition that part of the dwelling or dwelling unit or premises which he occupies and con- trols, shall dispose of all his rubbish, gar- bage and ar-bageand other organic waste in a manner. i' required by the health ordinance and ap- proved by the health officer. Every occupant shalt, where required by this Code, the health ordinance or the health officer, furnish and maintain ap- proved devices, equipment or facilities necessary to keep his premises safeand sanitary. Section 5:2202. All buildings or portions thereof which are determined to be sub standard as defined in this Code are here- by,declaredto'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 corporation to erect, construct. enlarge, alter, repair, move, improve, remove, convert,or demolish, equip, use, occupy, or maintain any build- ing or uild-ingor structure in the city, or cause or permitthe same to be done,. contrary to or 10 violation of any of theprovisions of this Code. Any person, firm,'or corporation violat- ing any of toe 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 viola- tion ofany 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 three hundred dollars' )$300.00) or by imprisonment for not to. exceed ninety (90) days,. or both. Section 5:2301. No person, firm, or cor- poration shallerect, 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 sepa- rate building permit for each such build ing or structure,from: the City of St. Louis Park inthe manner and according to the ,applicable conditions prescribed in St. Louis Park Building Code. Section 5:2303. All buildings or struc- tures 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 beconstrued as specified in this Chapter. Words used in the singular in- clude the plural and the plural the singu- lar. Wordsused in the masculine gender include the feminine, and the feminine the masculine. Terms, words, phrases,. and their derivatives used but not specifi- cally."defined in thisCode shallhave the meaining defined in Chapter 4 of the Uni- form Building Code, as adopted by refer- ence as efer-enceas a part of the St. Louis Park Build- ing 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 occu- pied 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 ap- proval :by. the Building Official as the re- sult of e-sultof investigation and tests conducted by him, or by reason of accepted princi- ples:or tests by national authorities, tech- nical or scientific organizations. Basement. Basement is that portion of a building between floor and ceiling, wh-ch: is partly: below and; partly above grade, as defined in this Chapter but`so located -that -the` verticar'distance from grade to the floor betow is less than the, vertical distance from grade to ceiling. Board of Appeals. Board of Appeals. when used herein shalt mean The Building Construction Codes Advisory Commission of tie City of St. Louis Park. Boarding House. Boarding house is a lodging house in which meats: are provid- ed. Building. Building shall mean any'. bui ding or structure, or portion thereof, Whch is used, or designed or intended be used forhuman habitation for living, sleeping, cooking, or eating purposes or any combination thereof. Building, Existing. Existing building is a building erected prior to the adoption of this. Code,or one for whichlegal building permit has been issued. Building. Official. Buitding Official is the officer charged with the administra- tion and enforcement of this Code, or his regularly authorized deputy, to -wit: the Bui ding Inspector also known as the Su- pervisor 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 fin fished floor to the finished ceiling. `Cellar. Cellar is that portion of a build - ingbetween 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 belowis equal to or greater than the verti- cal 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 neer court is a court entirely within the exterior walls of a building. Alt other courts are outer courts. -.`Dormitory Dormitory is aroom occu- pied by more than two guests. Dwelling. Dwelling is any building or any portion thereof, which is not "Apartment House, ".a "Lodging House,". or. a "Hotel" as defined in this Code, which containsone or two "Dwelling'. Units" or "Guest Rooms," used, intend ed, 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 de- signed to be occupied by one family with facilities for living, sleeping, cooking and dining." Efficiency Living Unit. Efficiency liv- ing unit is any room having cooking facilities used for combined living, din- ing, and sleeping purposes and meeting the requirements of Section 01-503 (b). Exit. Exit is;.a continuous and unob structed'means of egress tura public way, and shall include intervening doorways,: cooridors, ramps, stairway smoke - proof enclosures, horizontate it's, exteri- or courts, and yards. Family. Family is an individual or two or more persons relatedby31ood or mar- riage, or a group of not more than five persons; excluding .servants, who need not be related by blood or marriage, liv- ing together in a dwelling unit. Grade (Ground Level). Grade (Ground Leven is the average of, the, finished ground level at(thd center of atl walls of a building. In case walls are parallel to and within five feet'(5'1 of aa'�'sid aalk, the above ground level shall'0eti sured at the sidewalk. . ..,fits Guest. Guest is any perSon, hiring or. ' occupying a room for livl4tgttt Sleeping purposes. Guest Room. Gu or rooms used; o guest for sleepi hundred square ficial floor area room. Habitable Roo mean any room ments of this C cooking or dining enclosed places as y; room try one of super- s 'a uper-sa guest m shall •equire- sid- i nliving, ing sn,ch , ippntries,'bath or toilet rooms, seryiih rooms, connect- ing corridors, laundries, unfinished at- tics, foyers, storage spaces, cellars, utili- ty rooms and similar spaces. Health Officer. Health officer shall be the legally designated heal of the Depart-. ment 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 degrees 'Hotel. Hotel is any buildingcontaining six or more guest rooms intended orde- signed to be used, or which are used, rent- ed 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,.sanitari um, orphanage,':: prison, detention home, or other institution in „which human beings are housed and detained under legal restraint. Interior Lot. Interior Louis' a lot other than a corner lot. t Kitchen. Kitchen shall mean a room used, "or designed to be used'for the prep- aration of food. Lodging House. Lodging --douse 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 oth- erwise. Alodging house shall comply with all of the requirements of this Code for. dwellings. Nuisance. The`_ following shall be de- fined as nuisances: (a) Any public nuisance "known at common law or equity jurisprudence. ' (b) Any attractive nuisance which may prove detrimental tochildren' whether. in a building, on the premises of a build- ing, or upon a unoccupied' lot. This in- cludes any abandoned -wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles: or any structurally unsound -fences or structures; 'or any lumber, trash, fences, debris, or vegetationwhich may :prove ahazard for inquisitive )c) Whatever is dangerous to human life or is detrimental to health.' (d l Overcrowding a room ;:with occu pants. (e) Insufficient ventilation or illumina tion (f l Inadequate or insanitary sewerage or ptumbing facilities. ' (g) Uncleanliness. (h) Whatever renders air, food, or drink unwhotesome or detrimental to the health of human beings: Occupied Space. The total area of all: -. buildings or structures on any lot or, par- cel 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, shalt be that portion of a building included. between theupper surface of the topmost floor and the ceiling or roof above. H the finished floor leveldirectly above a base- mentor cellar is more than six feet (6' is - 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 ofthe room in which the ceiling height isnot less than: five feet (5' 1, -excluding built-in equip- ment such as wardrobes, cabinets, kitch en units, or fixtures. Uniform Building Code shall mean' those portions of the Uniform Building'' Code, Volume 1, 1970 Editon,.published bq' 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, Reference. herein to Chapter 203 of the Uniform Building Code or subsections thereof;.: shalt mean and refer to a corresponding;. section of the Laws of the State of Minne- sota relative to removal, repair or tos demolition of buildings. i, Used. Used shall mean used or de signed 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'r,.. 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 unob structed:to the sky. Yard. Yard is an open, unoccupied; space, other than a court. unobstructed 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' Volume of the Uniform Building Code by, Reference. Chapters 5, 6, 7, 8,: 9, and 10 of the Code entitled the "Uniform Building Code,1970 Edition, Volume I11, -:Housing,"- prepared by the International Conference" of. Building Officials, are hereby adopted and incorporated herein and, shall be con-',: trolling within the -City. of St. Louis Park. At least three (3) copies of said code shall`: be on file in the office of the Clerk of the City of St. Louis Park for use and exami- nation by the public and -Shall be marked: "Official Copies," and a substantial sup-; ply thereof shall be made -available for distribution. Section 5:2505. Appeals. Whenever the Building Official shall take4etion which is disputed, or when it is claimed' that the provisions of the code do-notapply or that the true intent and meaning of the code, have been misconstrued or wrongly inter- preted,.. the aggrieved party. may appeal;: from the decision of the Building Official to the Buitding Construction Code Advi- sory Commission for its recommendation. within 30 days from the date of the deci- sion of the Building Official =and to the City Council f�r final decision:'`` Section 5 25031Separabilitg-Shouldany section,subdivision, clause,:paragraph.: sentence. or word of this ordinance,' or off, the code hereby adopted, be declared by a' court ofcompetent jurisdiction for any reason to be invalid: such decision shall not affect the yalidity of theordinance as a whole: or any part thereof other than the part sodeclared to be invalid;' it is,the in tent of the City Council that it would have passed all other portions of this,ordinance' independent of theelimination'- herefrom+- of any such portion as maybe declared'. Section 2. Repealer. The following ordi-' nance of the City of. St. Louis Park is re-' pealed in its entirety ?' _ Ordinance No. 1052. Entitled "An Ordi- nance 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. Equipment" and Facilities, Physical Condition,. Maintenance. Occupancy •and Use of Sueh Dwellings, Premises and Struc- tures: Providing for Administration, Enforcement and Penalties for Viola- tion Thereof.- adopted September 23.' ' 1968, 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 of-; feet fifteen days after its publication. Adopted by the City Council June 14;' 1971. s FRANKJ. HOWARD Attest: s/ EARL E. HANSON City Clerk Reviewed for administration: s/ CHRIS CHERCHES City Manager ; Reviewed for Housing Code: s/ RICHARD BROOKS - Supervisor of Zoning and Inspections. Approved as to form and legality:'- s/ WAYNE-POPHAM City Attorney (June 17,1971(—SLP • ORDINANCC NO. 1153 Entitled: AN ORD. REGULATING THE MAINTENANCE, OCCUPANCY & USE OF DWELLINGS, ARID PREI;IISES IN THE CITY OF ST. LOUIS PARK TO PROTECT THE PUBLIC HEALTH, SAFETY & WELFARE BY ESTABLISHING TEDITIEUDI STANDARDS GOVERNING BASIC EQUIPLENT & FACILITIES, PHYSICAL CONDITION, MAINTENANCE, OCCUPANCY & USE OF SUCH DWELLINGS, PR-tEMISES & STRUCTURES: PROVIDING FOR ADIvTINISTRAITIOIN, ENFORCEMENT & PENALTIES FOR VIOLATION THEREOF, AND REPEALING ORD. NO. 1052 Introduced by Date Y_ t Reading—Date 6/7/71 Waived :'ahlishe :I Date 6/17/71 Effective Date 7/2/71 C -de Reference