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HomeMy WebLinkAbout1173 - ADMIN Ordinance - City Council - 1971/11/29• Original NOVEMBER 15, 1971 ORDINANCE NO.i9 7 3 AN ORDINANCE AMENDING ORDINANCE NO. 1153, 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, AND REPEALING ORDINANCE NO. 1052" BY ADDING A NEW SECTION NUMBERED AND TITLED AS FOLLOWS: Section 1. The inspection and licensing of rental dwellings shall be regulated as follows: Section 5:2307. Inspection and Licensing of Rental Dwellings. It shall be unlawful for any person to conduct or operate or cause to be operated either as owner, lessee, agent or in any other capacity within the City of St. Louis Park any multi -family apartment house as defined in Section 5:2401 of this Code without having first obtained a license or temporary certificate to do so as hereafter provided. Section 5:2307. 01 Application for License. Within ninety (90) days after the effective date of this ordinance, the owner of each multi- family apartment house as hereinbefore stated existing on the effective date of this Section shall make written application to the Supervisor of Zoning and Inspections for a license for such use on a form to be supplied by the Supervisor of Zoning and Inspections and containing such information as necessary to administer and enforce the provisions of, and to insure compliance with, the provisions of this ordinance, and the Housing Code in its entirety. In addition, the legal owner of record of each such multi- family apartment house, as hereinbefore stated, constructed after the effective date of this ordinance shall make written application to the Supervisor of Zoning and Inspections for a license as herein provided prior to any initial occupancy. Section 5:2307.03. Issuance of Temporary Certificate. Upon receipt of a completed application for a license, as aforesaid, with tender of the appropriate license and inspection fee as hereinafter provided, the Super- visor of Zoning and Inspections shall issue a "Temporary Certificate" indicating that a license has been duly applied for, and that such license shall be issued or denied after the building, including interior portions thereof intended or used for human habitation, has been inspected for compliance with applicable provisions of the Housing Code. A "Temporary Certificate", as issued, shall authorize continued occupancy, without penalty, of such dwelling units in actual existence and use on the effective date of this Section, pending the issuance or denial of the applied for license. Structures for such intended use, constructed or intended to be converted to rental usage after the effective date of this section, shall not be occupied for human habitation prior to issuance of the required license. When a license has been denied, expired, suspended or revoked as hereinafter provided, no further rentals and occupancy of dwelling units then vacant or which become vacant shall be permitted until a license has been issued. Section 5:2307. 05. Issuance or Denial of License: When upon completion of the inspection of the building and habitable portions thereof, the Director finds that the requirements of the Housing Code have been met, a license certifying such facts shall be issued. If the Supervisor of Zoning and Inspections finds that the requirements of the code have not been met, a written denial specifying the defects shall be transmitted to the applicant. Section 5:2307. 07. Renewal of License. Unless sooner revoked or suspended for cause, each license shall expire two (2) years from date of issuance, and shall be renewed each two (2) years thereafter. Section 5:2307. 09. Transfer of License. A license issued hereunder is transferable, for a fee of Ten ($10.00) Dollars, to any person who has acquired ownership of a licensed building for the unexpired portions of the two (2) year term for which it was issued or reissued, provided that the application to transfer such license is filed with the Supervisor of Zoning and Inspections prior to actual change of ownership, and the licensed building and dwelling units are in compliance with the Housing Code. The license shall terminate upon failure to apply for its transfer prior to change of owner ship. Section 5:2307. 11. Suspene _on or Revocation. A license once issued or reissued may be suspended upon a finding by the Supervisor of Zoning and Inspections that one (1) or more of the requirements of this Code has been violated. Upon failure of the licensee to comply with a notice of violation, the Supervisor of Zoning and Inspections shall revoke the license and proceed with appropriate enforcement action as provided. A suspended license may be revalidated upon meeting the requirements of this code and payment of fifty percent (50%) of the applicable license and inspection fee. Reissuance of a revoked license shall be subject to payment of the full amount of the applicable license and inspection fee. Section 5:2307. 13. Display of License and Availability. Licenses issued under this Section shall be prominently and publicly displayed on the premises of the structure, wherever feasible, or produced on demand by a -2- e • tenant or prospective tenant, and shal 1 be available at reasonable times for inspection by an authorized inspector of the Department. Section 5:2307. 15. Schedule of Fees. At the time of application for the license or for license renewal required by this Section the Supervisor of Zoning and Inspections shall collect the appropriate license fee and inspection fee in accordance with the following schedule: Multi -Family Apartment Dwelling Units: License:Fee Plus Inspection Fee FLAT FEE $ 0 Plus $5. 00 for $ 25. 00 Plus $4. 50 for $ 47.50 Plus $4. 00 for $ 87. 50 Plus $3. 50 for $157. 50 Plus $3. 00 for $337. 50 Plus $2. 50 tor $587. 50 Plus $2. 00 for each dwelling unit from 3 to 5 each dwelling unit from 6 to 10 each dwelling unit from 11 to 20 each dwelling unit from 21 to 40 each dwelling unit from 41 to 100 each dwelling unit from 101 to 200 each dwelling unit above 200 $ 25. 00 per building 25. 00 47. 50 87. 50 157. 50 337. 50 587. 50 As computed Above license and inspection fees shall be tendered with application for first issuance of license and bi-annually thereafter on or before date for license renewal. The license fee shall be subject to a ten percent (10%) penalty per month, or any portion thereof, beyond the date due and payable. Except as provided for the transf ar of license, no refund of license and inspection fees shall be made to those discontinuing operation or who sell, transfer, give away, or otherwise dispose of a licensed building to another person. In the event it is determined by the Supervisor of Zoning and Inspections that an application must be denied due to legal restrictions that prohibit the issuance of the license, the applicant's tendered fees will be returned. - 3 - be returned. The Supervisor of Zoning and Inspections shall review the fee schedule annually and recommend changes as he deems appropriate to the City Council. Section 2. Effective Date. This ordinance shall take effect JUL 1 1972 Attest: Adopted by the City Council November 29, 1971. City C erk °57(6-1--4-4)--11) Approv9d as to form and legality: R Code: pervisor of Zoning & Inspections -4- 7'-‘r-- ity Attorney • 6601 W. 78th St. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOIJISPARKSUN State of Minnesota } County of Hennepin SS. Bloomington, Minnesota J R RITCHAY, 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 dnspaper is circulated in and near the municipality which it purports to serve, has at least spies regularly delivered to paying subscribers, has an average of at least 75% of its total lation 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 issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper 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 ATO. 1173 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein m the English language, once each week, forsOn® successive weeks; that it was first so published on Thea thn 2nd day of Dec and was thereafter printed and published on every 1971 to and including Il_the day of 19— and that the following is a printed copy o the lower case alphabet from A to Z, both mclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit abcdefghijklmnopqrstuvwxyz abcdelghi)klmnopgrstuvwxvz Subscribed and sworn to before me this 2nd day of Dec , 1971 ria! Seal) Alice J. Nelson, Notary Pub li Hennepin Count Minny, My Commission Expires December 26, 1973 (Official Publication) NOVEMBER 15,1!11 7D INANCE NO 1173 AN ORDINANCE AMENDING ORDI NANCE NO 1153, 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 ESTAB- LISHING MINIMUM STANDARDS GOVERNING BASIC EQUIPMENT AND FACILITIES, PHYSICAL CONDITION, MAINTENANCE, OCCUPANCY AND USE OF SUCH DWELLNGS, PREMIS- ES AND STRUCTURES PROVIDING FOR ADMINISTRATION, ENFORCE. MENT AND PENALTIES FOR VIOLA- TION THEREOF, AND REPEALING ORDNANCE NO 1052" BY ADDING A NEW SECTION NUMBERED AND TI- TLED AS FOLLOWS Section 1 The inspection and licensing of rental dwellings shall be regulated as follows Section 5.2307 Inspection and LJcens- ing olun- Ffor any Dwellings. persW is conductoropeer- ate or cause to be operated either as own -- y within ther, e City of Stt or i Louin s Park another y mul- ti -family apartment house as defined in Section 5 2401 of this Code without having first obtained a license or temporary cer- tificate to do so as hereafter provided Section 5 2307 01 Application for U. cense Within ninety (90) days after the effective date of this ordinance, the own- er of each multi -family apartment house as hereinbefore stated existing on the effective date of this Section shall make written application to the Supervisor, of Zoning and Inspections for a license for such use on a form to be supplied by the Supervisor of Zoning and Inspections and containing such information as necessary to administer and enforce the provisions of and to insure compliance with, the provisions of this ordinance, and the Housing,Code in its entirety In addition, the legal owner of record of each such multi -family apartment house, as herein- before stated, constructed after the effec- tive date of this ordinance shall make written application to the Supervisor of Zoning and Inspections for a license as herein provided prior to any initial occu- pancy Sectioq 5 2307 03 Issuance of Tempo- rary Certificate Upon receipt of a com- pleted application for a license, as afore- said, with tender of the appropriate h - cense and inspection fee as hereinafter provided the Supervisor of Zoning and Inspections shall issue a "Temporary Certificate" indicatuig that a license has been duly applied for, and that such li- cense shall be issued or denied after the building including interior portions thereof intended or used for human habi- tation, has been inspected for compliance with applicable provisions of the Housing Code A "Temporary Certificate," as is - sued, shall authorize continued cy without penalty, of such dwe in actual existence and use on five date of this Section, pencil ance or denial of the applied f Structures for such Intended structed or intended to be con rental usage after the effecti this section, shall not be human habitation prior to issua required license When a license denied, expired, suspended or hereinafter provided, no fu and occupancy of dwelling units cant or become vacant permitted until a license has been Section 5 2307 05 Issuance or License When upon completi inspection of the bwlding and portions thereof, the Director 0 the requirements of the Housi have been met, a hcense certify$ facts shall be issued If the Su Zoning and Inspections finds that qulrements of the code have met, a written denial specifyi feats shall be transmitted to cant Section 5 230707 Renewal of Unless sooner revoked or suspen cause, each Iicense shall expire years from date of issuance, and renewed each two (2) years therea Section 5 2307 08 Transfer of A license issued hereunder is tra ble, for a fee of Ten ($1000) a any lcensed builderson who ing sforthe nexpi tions of the two (2) year term for was issued or reissued, provided filed application withn the Supervisor fto transfer hlice Zoni Inspections prior to actual cha ownership, and the licensed builds dwelling units are in compliance Housing Code The Iicense terminate upon failure ID apply transfer prior to change of ownershi Section 5 2307 11 Suspension or cation A hcense once issued or re Supervisor y be of Zoninded g and Insn a pection ng ti one (1) or more of requui emge this Code has been violated Upon 1 of the licensee to comply with a not violation the Supernsor of Zonin Inspections shall revoke the liven proceed with appropriate enforce action as provided A suspended li may be revandated upon meets requirements of this code and pa fity percent (50%) of the apphcab cense and inspection fee Reissua revoked hcense shall be subject to ment of the full amount of the appli Iicense and inspection fee Section 5 230713 Display of U and Availability Licenses issued u this Section shall be prominently and hely displayed on the premises of strucutre, wherever feasible, or prods on demand by a tenant or prosper tenant, and shall be available at res able times for inspection by an author nspector of the Department Section 5 2307 15 Sebedule of Fees the time of application for the hcens or license renewal required by tlus on the Supervisor of Zoning and I ons shall collect the appropriate h ee and inspection fee in accordance following schedule ulti-Family Apartment Dwelhng Un License Fee Plus Inspection F 525 00 per budding FLAT FEE $0 Plus $5 00 for each dwelling from3to5,$2500 525 00 Plus $4 50 for each dwell unit from 6 to 10, 547 50 $47 50 Plus $4 00 for each dwell unit from 11 to 20, $87 50 ' 587 50 Plus $3 50 for each dwell unit from 21 to 40, $157 50 $157 50 Plus 53 00 for each dwell unit from 41 to 100, $337 50 5337 50 Plus $2 50 for each dwell unit from 101 to 200, $587 50 5587 50 Plus 2200 for each dwell unit above 200, As computed Above Iicense and inspection fees sh be tendered with apphcation for fi issuance of license and bi-annua thereafter on or before date for hce renewal The license fee shall be s ject to a ten percent (10%) penalty p month or any portion thereof, beyo the date due and payable Exdept as provided for the transf of hcense, no refund of license a inspection fees shall be made to th discontinuing operation or who se transfer, give away, or otherwise d' pose of a hcensed building to anot person In the event it is determined the Supervisor,of Zoning and Ins tions that an apphcation must be dens ue to legal restrictions that prole the issuance of the hcense, the app cant's tendered fees will be return( The Supervisor of Zoning and In Lions shall review the fee schedule a ually and recommend changes as eems appropriate to the City Council Section 2 Effective Date This ord ance shall take effect July 1, 1972 Adopted by the City Council Nove ber 29 1971 - s/ FRANK J HOWAR Ma 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 & Inspections Approved as to form and legality s/ WAYNE POPHAM City Attorney (Dec 2, 1971)—SLP 1, ORDINANCE NO. 1173 , 1 1. •� rJ"' -r,1 • entitled: AN ORDINANCE AMENDING ORDINANCE NO. 1153, ENTITLED "AN ORDINANCE REGULATING THE 1R.AINTENANCE, OCCUPANCY AND USE OF D'•dELLINGS, AND PREMISES IN THE CITY OF ST. LOUIS PARK TO PROTECT THE PUBLIC HEALTH, SAFETY AND ;WELFARE BY ESTABLISHING MINIMUM STANDARDS CONCERNING BASIC EQUIPMENT AND FACILITIES, PHYSICAL CONDITION, MAINTENANCE, OCCUPANCY & USE OF SUCH DWELLINGS, PREMISES & STRUCTURES: PROVIDING FOR ADMINISTRATION, ENFORE ENT & PENALTIES FOR VIOLATION THEREOF, & RE— Da t3 PRATING ORD. NO. 1052" BY ADDING A NEW SECTION NUMBERED AND TITLES AS FOLLOWS: 11/29/71x; v - cT .t 0 , _ .s ' t- 12/2/71 !: i fective Date "-c1 R^ference July 1, 1972 • File No Affidavit of Publication Sr.LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of t •