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HomeMy WebLinkAbout1215 - ADMIN Ordinance - City Council - 1973/04/02• • ORIGINAL ORDINANCE NO. 1215 APRIL 2, 1973 7A AN ORDINANCE AMENDING ORDINANCE NO. 1173, 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 AND ORDINANCE NO. 1153" 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 Director of Zoning and Inspections for a license for such use on a form to be supplied by the Director 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 Director 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 Director 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 the minimal provisions of the Housing Code, including those set forth in the Implementation Standards Housing Code Requirements, Section I through VI, dated July 17, 1972, which are incorporated into and made a part of this ordinance by reference. 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 v 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. 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 Director finds that the requirements of the Code have not been met, a written denial specifying the defects shall be transmitted to the applicant. When a license has been denied, expired, suspended, or revoked as hereinafter provided, no further rental and occupancy of dwelling units then vacant or which may become vacant shall be permitted until a license has been issued. The units within a ,structure which are in compliance with the Housing Code minimum requirements may continue on condition that units in other portions of the structure in non-compliance do not create an immediate hazard to the health and safety to the persons in the occupied units. The extended occupancy may continue until final denial of license and non-compliance is acted upon by the City Council. 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 5:3207.09. Transfer of License. A license issued hereunder is transferable, for a fee of Ten Dollars ($10.00), 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 Director for change of ownership and the licensed building and dwelling units are in com- pliance with the Housing Code. The license shall terminate upon failure to apply for its transfer within thirty (30) days of the date of sale or transfer of ownership of the building. Section 5:2307.11. Suspension or Revocation. A license once issued or reissued may be suspended upon a finding by the Director that one or more of the requirements of this Code has been violated. Upon failure of the licensee to comply with a notice of violation, the license may be revoked in the manner provided by Chapter 2 of the St. Louis Park Ordinance Code for the revocation of licenses. The suspended license may be revalidated upon meeting the requirements of the Code and a payment of 50% of the applicable license and inspection fee. Issuance of a new license after revocation shall be subject to a payment of the full amount of the applicable license and inspection fee. - 2 - 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 tenant or prospective tenant, and shall 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 Director shall collect the appropriate license fee and inspection fee in accordance with the following schedule: Multi -Family Apartment Dwelling Units: LICENSE FEE 1 or 2 buildings = $ 25.00 3 to 9 buildings = 50.00 10+ buildings = 100.00 PLUS INSPECTION FEE 3 to 5 units = $ 5.00 per unit 6 to 10 units = 4.50 per unit 11 to 20 units = 4.00 per unit 21 to 40 units = 3.50 per unit 41 to 100 units = 3.00 per unit 101 to 200 units = 2.50 per unit 200+ = 2.00 per unit Above license and inspection fees shall be tendered with application for first issuance of license and biennially 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 transfer 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 Director 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. The Director shall review the fee schedule annually and recommend changes as he deems appropriate to the City Council. - 3 - s Section 5:2307.17. Review of Ordinance. At the end of two years following the effective date of this ordinance, the Director shall make a comprehensive report to the City Council on the results of this program. During the two year period, the City Council shall be furnished with interim reports on activities under the ordinance. Section 2. Effective Date. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council April 2, 19 3. Reviewed for administration: y//- � e i l City Manager Rev$eged for lou 1 / 1 jx-,6At'lev Director Code: , -411111111110 Mayor Approved as to form and legality: City Apforney • • 6601 W. 78th St. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION Si LOUISPARKSUN 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 40vublication and is not made up entirely of patents, plate matter and advertisements (4) Said spaper is circulated in and near the municipality which it purports to serve, has at least 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 in arrears and has entry as second-class ilkatter 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 m 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 Noe 1215 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, for one successive weeks; that it was first so published oThurs th. 5 day of April 19 and was thereafter printed and published on every to and including 4r/k__tha day of 19 and that the following is a printed copy I( iiif the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being ie size and kind of type used in the composition and publication of said notice, to -wit abcdefghi jklmnopgrstuvwxyz abcdefghiikImnopgrstuvwxvz (Official Publication) APRIL 2, 1973 7A ORDINANCE NO 1215 AN ORDINANCE AMENDING ORDI- NANCE NO 1173, 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 DWELLINGS, PREMIS- ES AND STRUCTURES PROVIDING FOR ADMINISTRATION ENFORCE- MENT AND PENALTIES FOR VIOLA- TION THEREOF, AND REPEALING ORDINANCE NO 1052 AND ORDI- NANCE NO 1153" 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 Licen- sing of Rental Dwellings It shall be un- lawful for any person to conduct or oper- ate or cause to be operated either as own- er, lessee, agent or in any other capacity within the City o1 St Louis Park any mul- ti -family apartment house as defined in Section 5 2401 of this Code without having first obtained a license or temporary cer uficate to do so as hereafter provided Section 5 2307 01 Application for LI - cense Within ninety 490 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 Director of Zon- ins and inspections for a license for such use on a form to be supphed by the Direc- tor irerfor 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 addi- tion, 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 Director for a license as herein provided prior to any initial occupancy Section 5 2307 03 Issuance of Tem- porary 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 Director 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 por- tions thereof intended or used'for human habitation, has been inspected for compli- ance with the minimal provisions of the Housing Code, including those set forth in the Implementation Standards Housing Code Requirements, Section I through VI, dated July 17, 1972, which are incorporat- ed into and made a part of this ordinance by reference A "Temporary Certifi- cate," as issued shall authorize contin- ued occupancy, without penalty, of such dwelling units in actual existence and use on the effective date of this Section, pend- ing the issuance or denial of the applied for license Structures for such intended use, constructed or intended to be con- verted Section, pending the issuance or denial of the applied for license Struc- tures for such intended use, constructed or intended to be converted to rental - usage after the effective date of this sec- tion, shall not be occupied for human hab- itation prior to issuance of the required license 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 U the Director finds that the requirements of the Code have not been met, a written denial specifying the defects shall be transmitted to the applicant When a license has been de- nied, expired, suspended, or revoked as hereinafter provided, no further rental and occupancy of dwelling units then va- cant or which may become vacant shall be permitted until a license has been is- j I, sued The units within a structure which ' / are in compliance with the Housing Code ('' minimum requirements may continue on condition t Subscribed and sworn to before me this 5 day of (Notar Seal) M Vest,- Notary Puollc, Hennepin County, Minn My Commission Explr2s April 18th, 1979 1 • 1 • April 1923 e structure m non-compliance do not I LuMu1 mmazard o the health/ o tnsin the occupiedtecupanf f licens and�non') bepon`by.the Cmy —ctiob 5 2307 07 --Ret(ewat 01 Li- cense Unless sdone� revokedor suspend- ed for cause, each license shall expire two 121 Years from date of issuance, and shall be renewed each two 121 years thereafter Section 5 3Y07 09 Transfer of Lt- cemse q license issued h 1351010 00), to any durum-..,,...— er &gnder is - unexpired of eons of the fora licensedilding two (2) y ar termunexfor ho term for which it was issued or reissued, provided that the application to transfer such license is filed with change of ownership and efor Director the licensed '—landing and dwelling units are in compli- ancewiththeHousingsletoeliyfoe nse shall terminate upon its transfer within thirty (30) days of the date of sale or transfer of ownership of the building Section 5 2307 11 Suspension or Revocation A license once issued or reis- sued may be suspended upon a finding by the Director that re- quirements ofthis Code hasrthe violat- ed olat ed Upon failure of the licensee to comply with a notice of violation, the license may be revoked in the manner provided by � Code for ther 2 of trevocaae St tion ofis al Parkdinance The suspended meeting cethe equirementse hoal ed updn na payment of 50% of the applica- the blean � ble bcense and Inspection fee Issuance of licensea new l be subjecto a payment nt of threvocation full amount of the applicable hcense and inspection fee Section 5 2307 13 Display of License , and Availability Licenses issued under , this Section shall be prominently and pub - Hely displayed, on the premises of the structure, wherever feasible, or produced ' on demand by a tenant or tive ' tenant, and shall be available at rhea on - able times for inspectionbyan authorized inspector of the Department Section 5 2307 15 Schedule of Fees At the time of application for the hcense or for license renewal required by this Section, iate license fee anthe Director d inspection fee ll collect e , appropriate in accordance with the following schedule Multi -Family Apartment Dwelling 1 Units LICENSE FEE 1 1 or 2 buildings — 3 25 00 3 to 9 buildings — 50 00 10+ buildings — 100 00 PLUS I INSPECTION FEE r unit 3 0 5 units — $5 00 per 60 10 units— 450 per unit 11 0 -=20 units 400 per 21 0 40 units — 350 per unit 41 0 100 units — 300 per unit 2 50 r unit -' 101 0200 units— 2tion00fees Per unit shall + Above license and Inspec be rendered with application for first as- thereaf- ter onoerfbeore date for hcenlicense and se renewal ect to a ten The license 0% penashalty eperumonth, or any portion thereof, beyond the date due and payable Except as provided or the transfer of license, no refund of license and inspec- tion fees shall be made to thosediscon- tinning operation or who ell, transfer, give away, or otherwise dispose of a li- censed building to another person In the event It is determined by the Director • that an application must be denied due to legal restrictions that pronit�sisenm- ance o the license, the app lint' lees will be returned The Director shall review the lee schedule annually and recommend changes as he deems appropriate to the City Council 2 I Section 15.230717 Review of Ord►- nonce At.the end of two years following the eftective date of this ordinance, the Director shall make a comprehensive report o the City Council on the results of this program During the two year period, the City Council shall be activitieswith the interim repo ordinance Section 0 Effective Date This ordi- nance shall take effect fifteen days after its pdpublication by the City Council April 2, 1973 s/FR_ pNK.1 PUCCI i Mayor Attest si a/ EARL E HANSON City Clerk Reviewed for administration CURLS CHERCHES City Manager Approved as to form and PHA! Reviewed for M City Attorney RICHARD BROOKS Housing C e - I Direcor —SLP