HomeMy WebLinkAbout1192 - ADMIN Ordinance - City Council - 1972/07/17R
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ORDINANCE NO. 1192
AN ORDINANCE AMENDING CHAPTER 5
OF THE ST. LOUIS PARK ORDINANCE
CODE BY ADDING SECTIONS
5:2305.01 THROUGH 5:2305.11w
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The St. Louis Park Ordinance Code is amended by adding
Sections 5:2305.01 through 5:2305.11 as follows:
Section 5:2305.01. Certificate of Health and Safet Compliance.
When the occupancy or ownership of any building within the City of St. Louis
Park changes after October 1, 1972, the present occupant or owner, or any
agent designated by the present occupant or owner, shall make application
for the certificate of health and safety compliance. This section shall
not apply to any lawfully licensed multiple dwelling structure, and shall
have no affect upon the provisions of law or other ordinances relating to
the issuance of building permits.
Section 5:2305.03. Application; Inspection. Application for the
certificate of health and safety compliance shall be made upon forms fur-
nished by the city and approved by the City Council. Upon receipt of a
properly executed application for a certificate of health and safety com-
pliance, the city manager shall cause an inspection to be made of the
premises to insure that the structure is in compliance with the minimal
requirements of the housing code. Such inspection be based upon re-
quirements of the housing code only and shall not be used to discriminate
against any person on the basis of race, color, sex, income level, or any
other basis not contained in the housing code. Minimal requirements for
purposes of this ordinance means those requirements or standards which
were generally in effect at the date of construction of the building, and
the immediate health and safety hazards as enumerated in Section IV of
the Implementation Standards, Housing Code Requirements. It does not in-
corporate those subsequent standards or requirements of the state build-
ing codes which reflect present day stanaards for new constructioi,. It
is intended to include any condition constituting an immediate hazard to
health and safety, but it is not the purposz of inspections under this
ordinance to require all buildings to be upgraded to satisfy the standards
in the current codes. The standards which must be satisfied in order to
obtain a certificate of health and safety compliance are only those
standards set forth in the Implementation Standards, Housing Code Require-
ments, Sections I through VI, dated July 17, 1972, which are incorporated
into and made a part of this ordinance by reference. Three copies of the
Implementation Standards, Housing Code Requirements, shall be marked
"official copy" and filed with the City Clerk for use and examination
by the public.
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Section 5:2305.05. Issuance of Certificate. If the structure
is in compliance with the minimal requirements of the housing code, the
City Manager shall cause a certificate of health and safety compliance
to be issued to the present occupant or owner, which shall state that the
structure has been inspected and is in compliance with the minimal require-
ments of the housing code. The present occupant, owner or any agent
designated by the present occupant, or owner shall obtain the certificate
of health and safety compliance.
Section 5:2305.07. Filing of Certificate by Prospective Occupant
or Purchaser. The present occupant or owner, or any agent designated by
the present occupant or owner shall furnish a copy of the certificate of
health and safety compliance to the prospective occupant or owner, who
shall file a copy of the certificate with the city. The proposed buyer
or renter shall not take occupancy of the dwelling unit prior to the filing
of the certificate with the city, except that upon the filing of an affida-
vit by the present or prospective owner or occupant, or his designated agent,
approved by the Director of Protective Inspctions, which sets forth the dates
by which necessary corrective action shall be taken, the occupancy shall be
permitted pending issuance of the certificate of health and safety compli-
ance.
Section 5:2305.09. Review of the Ordinance. At the end of one
year following the effective date of this ordinance the Director of Protect-
ive Inspections shall make a comprehensive report to the City Council on the
results of this program. During the year the Council shall be furnished with
,interim reports on activities under the ordinance.
Section 5:2305.11. Fee. The fee for the inspection and certificate
of health and safety compliance of a dwelling unit shall be ten dollars.
Section 2. Effective Date. This ordinance shall take effect October•1, 1972.
Adopted by the City Council July 17, 1972.
Attest:
Reviewed for administration:
for H
Code:
pervisor of ning and
Inspections
Approved as to form and legality:
City torney
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HOUSING --One- & Two -Family Residential
Section 15-330. Certificate of Housing Maintenance Compliance.
(1) When the occupancy or ownersnip of any single- or two-family
structure within the City changes after October 1, 1972,
the present owner or occupant, or any agent designated by
the present occupant or owner, shall make application for
a Certificate of Housing Maintenance Compliance,and first
inspection shall be made prior to:
(a) the execution of a contract changing the ownership
or occupancy of a single- or two-family structure;
or
(b) a change in ownership or occupancy where notice has
been provided of such a change but a contract is either
not necessary or not used.
This section shall not apply to any lawfully licensed
multiple -dwelling structure, and shall have no effect upon
the provisions of law or other ordinances related to the
issuance of building permits
(2) "Contract" as used in Section 15-330(a)&(b) shall include
purchase agreements, contracts for deed, leases, or other
legal instruments affecting a change in ownership or occupancy.
(Sec. 15-310 amended by Ord. 1429, 11/6/78; renumbered to
15-330 by Ord. 1492, 1/19/81; amended by Ord. 1602, 7/18/83 1840,10/15/90)
NOTE TO READER: the enforcement date of Ord. 1840 was 4/1/91;
however, Ordinance 1852 adopted 3/18/91 extended the enforcement
date to 6/1/91. City Clerk.
October 1990 747
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Section 15-331. Application; Inspection. Application for the
Certificate of Housing Maintenance Compliance shall be upon forms
furnished by the City. Upon receipt of a properly executed
application for a Certificate of Housing Maintenance Compliance,
the City Manager shall cause an inspection to be made of the
premises to insure the structure is in compliance with the
requirements of the Ordinance Code. The requirements which must
be satisfied in order to obtain a Certificate are provided in
said Ordinance Code.
(Sec. 15-311 renumbered to 15-331 by Ord. 1492, 1/19/81; amended
by Ord. 1602, 7/18/83)
Section 15-332. Issuance of Certificate of Housin Maintenance
Compliance ( 'Certificate
(1)
If the single- or two-family structure is in compliance with
the requirements of the Ordinance Code, a Certificate shall
be issued to the present owner, occupant or agent which
shall state that the structure has been inspected and is in
compliance with the requirements of said Code. The present
owner, occupant or any agent designated by the present
occupant or owner shall obtain the Certificate. During the
period of one year following its issuance, a Certificate may
be accepted by the City in satisfaction of the requirements
of Section 15-330 without the need for a second inspection.
If the City finds that the circumstances of occupancy
following the issuance of a Certificate involve possible
substandard maintenance or abnormal wear and tear, a
new inspection may be required in order to satisfy the
requirements of Section 15-330.
October 1990 747.1
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(2) The present owner, occupant or their designated agents
shall obtain a copy of the Certificate from the City prior
to sale or transfer of title or change of occupancy. The
proposed buyer or the prospective occupant shall not take
occupancy of the dwelling unit prior to issuance of a
Certificate except pursuant to Section 15-332(3).
(3) A person may be granted a Certificate of Housing
Maintenance Compliance prior to completion of -required
work by obtaining a Statement of Intent to Comply for
items not completed prior to change of ownership or
occupancy if approved by the Director. The approval
of the Director of Inspections for a Statement of
Intent to Comply shall be limited to inability of a
seller, buyer or other person to complete work that
could be impeded by inclement weather such as roofing,
painting, concrete work and other outside work or the
seller not having the financial resources to complete
the work prior to the receipt of the proceeds from the
sale of the property. Statements of Intent to Comply
shall not be issued for time constraint problems or
the buyers desire to do the work. No occupancy of any
dwelling unit shall be permitted if any violation or
problem constitutes an immediate hazard as defined in
Section 15-314. A Statement of Intent to Comply shall
list all required work and the correction dates by
which the required work must be completed. In the
event the seller fails to complete the required work
on or before the date set forth on the Statement of
Intent to Comply, the buyer shall have 30 days from
said date to complete the required work. Failure of
the buyer to complete the required work within the
extended time set forth herein, shall be a violation
of the St. Louis Park Ordinance and a misdemeanor.
The City shall impose a fine in the amount of $250.00
against the buyer for failure to complete the required
work. The fine shall be paid from the security
deposited in the escrow. The seller, the buyer or
other person must use licensed contractors for
required work where applicable as provided by State
Law and elsewhere in the City Ordinance Code. The
seller, the buyer or other person also shall obtain
bids from two responsible licensed contractors for
electrical, plumbing, and mechanical work. The
seller, the buyer or other person shall notify the
Department of Inspections on or before the correction
date or extension thereof as provided herein, that the
work has been completed and is ready for
re -inspection. Failure to notify the Department of
Inspections shall constitute a violation of the City
Ordinance Code Section 203-3, as may be amended from
time to time, and is a misdemeanor.
(Sec. 15-332(3) amended by Ord. 1837-90, 8/20/90)
August 1990
748
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May 1992
(4) Escrow and Escrow Agreements. The seller, the buyer or other
person shall provide monies in escrow to cover any required
work in a Statement of Intent to Comply prior to issuance of
the Certificate of Housing Maintenance Compliance. The amount
of escrow shall equal lZ times the average of two bids from
two responsible licensed contractors for the work listed on
the Statement of Intent to Comply, plus a security of $250.00
in the event the seller, buyer or other person fails to complete
the work as provided in Section 15-332(3). The escrow agreement
shall contain a provision allowing the City to demand payment
of the security upon written notice to the escrow company.
(a) If the required bids cover various types of work by a
general contractor the bids shall be explicit in their
coverage of the work listed on the Statement of Intent to
Comply. The Division Head of Inspections may reject any and
all bids and require new bids in order to establish the
required amount of money to escrow. The seller, buyer or
other person shall have the responsibility to secure all
bids and present such bids to the Division Head.
(b) The seller and buyer shall agree to the'amount of escrowed
monies by the affixing of their signature to the Statement
of Intent to Comply on the escrow agreement. The seller,
the buyer or other person shall make any and all
arrangements to establish the escrow of monies. The
statement of Intent to Comply shall not be issued until the
seller, buyer or other person has provided the Division Head
with proof the required funds have been escrowed.
(a&b amended by Ord. 1885-92, 5/4/921
(c) The City does not assume any responsibility or liability
if the escrowed funds are not sufficient to cover the costs
of all required work.
(d) Such escrowed monies shall be held by an escrow company
or other place conducting such business. The escrow company
shall not release any money to any contractor or to the parties
of the escrow agreement prior to receipt of written verification
from the City that the required work has been completed satisfactor-
ily. Such verification shall be on forms provided by the City
and signed by the Director or his designee.
(Sec. 15-332(4) added by Ord. 1837-90, 8/20/90)
748.1
(5) Responsibility of Seller, Buyer or Other Person. The seller
and the buyer or other person shall be required to sign the Statement
of Intent to Comply and shall be held equally responsible for the
required work and other requirements under the Statement of Intent
to Comply and the escrowed monies under the escrow agreement. The
parties shall be held equally responsible for completion of all
required work by the correction dates established in the Statement
of Intent to Comply or extension thereof pursuant to Section
15-332, Item 3, hereof. Failure to complete the work by the correction
date specified in the Statement of Intentto Comply, or extension
thereof, shall be a violation of the City Ordinance Code and a misdemeanor
fine shall be imposed as set forth in Section 15-332, Item 3, hereof.
(Sec. 15-332(5) added by Ord. 1837-90, 8/20/90)
(6) Any failure by the owner, occupant, designated agents or any
other person to comply with the requirements of St. Louis Park
Housing Code shall constitute a violation of -the City Ordinance
Code and be a misdemeanor.
(Former Subsec. 4 renumbered 6 by Ord. 1837-90, 8-20-90)
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(Sec. 15-312 amended by Ord. 1429, 11/6/78 & Ord. 1444, 7/9/79;
renumbered to 15-332 & amended by Ord. 1492, 1/19/81; amended by
Ord. 1602, 7/18/83)
(Sec. 15-313 "Filing of Certificate" renumbered 15-333 by Ord. 1492,
1/19/81; repealed by Ord. 1602, 7/18/83)
(Sec. 15-314 "Review of Ordinance" repealed by Ord. 1429, 11/6/78)
l May 1991
748.2
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Section 15-333. Fees. The following fees shall apply to applications for a
Certificate of Housing Maintenance Compliance:
(1) Application Fee - Change in Ownership: $50.00:
The Application Fee includes the cost to reinspect any dwelling, where the
initial inspection by a Private Housing Inspector includes building code
violations. In the event a reinspection is not required, the City shall
refund $25.00 to the applicant at the time the Certificate of Housing
Maintenance Compliance is issued.
a. Initial Inspection -Change in Ownership:
The initial housing inspection for a Certificate of Housing
Maintenance Compliance required for a change in ownership shall be
conducted by a Private Housing Inspector.
b. Private Housing Inspector Fees:
The fees of the Private Housing Inspector shall be set by the Private
Housing Inspector. The dealings between the applicant and the Private
Housing Inspector are a private transaction and the City is not
responsible for establishing the fee.
(2) Application and Inspection Fee - Change in Occupancy: $35.00
The housing inspections for a Certificate of Housing Maintenance
Compliance based on a change in occupancy shall be conducted by the
City.
May 1991
(Sec. 15-315 amended by Ord. 1429, 11/6/78; Ord. 1488, 11/17/80;
renwnbered to 15-334 by Ord. 1492, 1/19/81; amended by Ord. 1570,
10/4/82; renwnbered to 15-333 and amended by Ord. 1602, 7/18/83
(Sec. 15-333 amended by Ord. 1854-91, 4/15/91)
748.3
6601 W. 78th St.
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST.LOUISPARKSUN
State of Minnesota
ss.
County of Hennepin
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
gnce 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 municipality 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
irculation currently paid or no more than three months [n arrears and has entry as second-class
atter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park
the County of Hennepin and it has its known office of issue in the City of Bloomington in
county, established and open during its regular business hours for the gathering of news,
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 printer( Ordinance No. 1192
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 one eitccessive weeks;
that it was first so published o
Thum the 20th day of July , 19 72
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
e size and kind of type used in the composition and publication of said notice, to -wit.
abcdefghi j idmnopgrstuvwxyz
abcdetghi jklmnopgrstovwxvz
Subscribed and sworn to before me this 2Oth day of
(Notarial Seal)
G M Vest, Notary Public, Hennepin County, Minn
My Commission Expires April 18th, 1979
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July
(Offidal Publication)
ORDINANCE NO 1112
AN ORDINANCE AMENDING CHAP-
TER 5 OF THE ST LOUIS PARK ORDI-
NANCE CODE BY ADDING SECTIONS
5 2305 OI THROUGH 5 2305 11
-THE CITY OF ST LOUIS PARK DOES
ORDAIN
Section 1 The St Louts Park Ordinance
Code is amended by adding Sections
5 2905 Ol through 5 230511 as follows
Section S 2805 Ol Certificate of Health
and Safety Compliance
When the occupancy or ownership of
any building within the City of St Louis
Park changes after October 1 1972, the
present occupant or owner or any agent
designated by the present occupant or
owner shall make application for the cer-
tificate of health and safety compliance
This section shall not apply to Ay lawful-
ly licensed multiple dwelhng structure
and shall have- no affect upon the provi-
sions of law or other ordinances relating
to the issuance of building permits
Section 5 2305 03 Application, Inspec-
tion Application for the certificate of
'health and safety compliance shall be
made upon forms furnished by the city
and approved by the City Council Upon
receipt of a properly executed application
for a certificate of health and safety com-
pliance the city manager shall cause an
inspection to be made of the premises to
insure that the structure is in compliance
with the minimal requirements of the
housing code Such inspection shall be
based upon requirements of the housing
code only and shall not be used to discrim-
inate against any person on the basis of
race color, sex income level or any oth-
er basis not contained in the housing code
Mimmal requirements for purposes of
this ordinance means those requirements
or standards which were generally in ef-
fect at the date of construction of the
building and the immediate health and
safety hazards as enumerated in Section
IV'of the Implementation Standards
Housing Code Requirements 11 does not
incorporate those subsequent standards
or requirements of the state building
codes which reflect present day standards
for new construction It is intended to in
clude any condition constituting an imme-
diate hazard to health and safety but it is
not the purpose of Inspection under tlus
ordinance to require all buildings to be
upgraded to satisfy the standards in the
current codes The standards which must
be satisfied in orsier to obtain a certifi-
cate of health and safety compliance are
only those standards set forth in the Im-
plementation Standards Housing Code
Requirements Sections I through VI
dated July 17 1972 which are incorporat-
ed into and made a part of this ordinance
by reference Three copies of the Imple-
mentation Standards Housing Code Re-
quirements shall be marked' official
copy ' and filed with the City Clerk for use
and examination by the public
Section 5 2305 05 Issuance of Certifi-
cate If the structure is in compliance
with the minimal requirements of the
housing code the City Manager shall
cause a certificate of health and safety
compliance to be issued to the present
occupant or owner which shall state that
the structure has been inspected and is in
compliance with the minimal require-
ments of the housing code The present
occupant owner or any agent designated
by the present occupant or owner shall
obtain the certificate of health and safety
compliance
Section 5 2305 07 Filing of Certificate
by Prospective Occupant or Purchaser
The present occupant or owner or any
agent designated by the present occupant
or owner shall furnish a copy of the certif-
icate of health and safety compliance to
the prospective occupant or owner who
shall file a crape of the certificate with the
city The proposed buyer or renter shall
not take occupancy of the dwelling unit
prior to the filing of the certificate with
the city except that upon the Tiling of an
affidavit by the present or prospective
owner or occupant or his designated
agent approved by the Director of Pro-
tecuve Inspections which sets forth the
dates by which necessary corrective ac -
bon shall be taken the occupancy shall be
' permitted pending issuance of the certifi-
cate of health and safety compliance
Section 5 2305 09 Review of the Ordi-
nance At the end of one year following
the effective date of this ordinance the
Director of Protective Inspections shall
make a comprehensive report to the City
Council on the results of this program
During the year the Council shall be fur-
nished with Interim reports on activities
under the ordinance
Section 5 2305 11 Fee The fee for the
inspection and certificate of health and
safety compliance of a dwelling unit shall
be ten dollars
Section 2 Effective Date This ordi-
nance shall t.,ke effect October 1 1972
Adopted by the City Council July 17
'1972
s FRANK J PUCCI
Mayor
Attest
s EARL E HANSON
City Clerk
Reviewed for administration
s CHRIS CHERCHES
City Manager
Approved as to form and legality
s' WAYNE POPHAM
City Attornev
Reviewed for Housing Code
s RICHARD BROOKS
Supervisor of Zoning and Inspections
(July 20 19721—SLP
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File No
Affidavit of Publication
Si LOUISPARKSUN
St. Louis Park, Minnesota
In The Matter Of