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HomeMy WebLinkAbout1602 - ADMIN Ordinance - City Council - 1983/07/18ORDINANCE NO. -1-02 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATED TO HOUSING MAINTENANCE AMENDING SECTIONS 15-310, 15-330, 15-331, 15-332, 15-334, AND 15-342; ADDING SECTIONS 15-313, 15-314, 15-315, 15-316; AND 15-317 REPEALING SECTION 15-333 AND RENUMBERING SECTION 15-334 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 15-310 of the St. Louis Park Ordinance Code is amended to read as ollows: Section 15-310. For the purpose of this Code, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this Part. 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 part of the St. Louis Park Ordinance 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 performing their own cooking services in the apartment house. Board of Appeals. Board of Appeals when used herein shall mean the Building Construction Codes Advisory Commission of the City of St. Louis Park. Building Official, Health Officer. Building Official or Health Officer shall be defined as the Director of Inspections or those other persons designated as Building Official or Health Authority by the City Manager. Efficiency Living Units. Efficiency living unit is any room having cooking facilities used for combined living, dining and sleeping purposes and meeting the requirements of Section 503(b) Exception, of the Uniform Housing Code. Family. The definition of family, for housing purposes, shall be found in the St. Louis Park Zoning Ordinance, Section 14-104(19). Hot Water. Hot water shall be water at temperature of not less than 110 degrees. Nuisance. The following shall be defined as nuisances: (1) Any public nuisance known as common law or in equity jurisprudence. (2) 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, basements 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. (3) Whatever is dangerous to human life or is detrimental to health. (4) Overcrowding a room with occupants. (5) Insufficient ventilation or illumination. (6) Inadequate or unsanitary sewerage or plumbing facilities. (7) Uncleanliness. (8) Whatever renders air, food or drink unwholesome or detri- mental to the health of human beings. Occupant. Any person, firm, partnership, association, organization corporation, or other who shall be in actual possession or have charge, care or control of any dwelling or dwelling unit within the city. Owner. Any person, firm, partnership, corporation or other association who alone, jointly, or severally with others is the fee owner of record of any dwelling or dwelling unit within the city or any trustee, or guardian or other representative of the fee owner or his estate. Person. The word person shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individual. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word person is used in any section of this code, prescribing a penalty or fine as to partnerships or association the word shall include the officers, agents or members thereof who are responsible for any violation of such section. Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items. Replace or Replacement: Replace or replacement shall mean to remove an existing item or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. 1 1 1 Section 2. A new Section 15-313 is added to read as follows: Section 15-313. Built -In Deficiencies Exempt. The following are built-in deficiencies and shall be exempt from compliance with the ordinance code; provided, that such built- in deficiencies were in compliance with a building code at the time of its construction and/or do not pose a hazard. (1) Ceiling Heights: Any existing habitable room with less than a 7 foot 6 inch ceiling height shall be considered a built-in deficiency which is beyond reasonable correction. (2) Superficial Floor Areas: Any existing habitable room of less than 90 square feet shall be considered a built-in deficiency and beyond reasonable correction. (3) Natural Light and Ventilation: Any existing habitable room with window area less than 10% of the floor area shall be considered a built-in deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than 5% of the floor area. Section 3. A new Section 15-314 is added to read as follows: Section 15-314. Correction of Immediate Hazards. No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or other responsible persons. The dwelling unit may be ordered vacated if no immediate corrective action is taken and the occupant, owner, agent of the owner or other responsible person fail to comply with any order to correct any immediate hazard. Immediate hazards to health and safety for human occupancy shall include but not be limited to the following: 1. Heating systems that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or incapacity to adequately heat the living space. 2. Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out, rusted, or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves. 3. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems. 4. Plumbing systems that are unsanitary due to: leaking waste systems, fixtures and traps; lack of a water closet; lack of washing and bathing facilities; cross connection of pure water supply with fixtures or sewage lines; or the lack of water. 5. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safely carry imposed loads. 6. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering residential buildings and structures unsanitary for human occupancy, including lack of light and air. 7. Infestation of rats, insects, and other vermin. Section 4. A new Section 15-315 is added to read as follows: Section 15-315. Smoke Detectors Required. All single and two family structures shall be provided with smoke detectors on each level of the structure where rooms are used for sleeping purposes. Such smoke detectors shall be installed in accordance with the State Building Code. Section 5. A new Section 15-316 is added to read as follows: Section 15-316. Requirements for Repair and Replacement Work. Any person doing any repair and/or replacement work on any residential building, structure and accessory structure covered in Section 15-302 (1) of the St. Louis Park Ordinance Code shall complete any repair and/or replacement work in compliance with the standards contained in the definitions of repair and/or replacement in Section 15-310. Section 6. A new Section 15-317 is added to read as follows: Section 15-317. Structural and Life Safety Standards. Compliance with the structural and life safety portions of any housing maintenance inspection required under Section 15-302 shall be in accordance with the building code in effect at the time of original construction; provided there is no significant danger to health and safety at the time of inspection. If no building requirements were in effect at the time of construction or the requirements cannot be determined, compliance shall be made to an extent to eliminate significant danger to health and safety. This section is not meant to conflict with hazardous buildings within the terms of Sections 15-400 and 15-402, built-in deficiencies within Section 15-313 and immediate hazards within Section 15-314. Section 7. Section 15-330 is amended to read as follows: Section 15-330. Certificate of Housing Maintenance Compliance. When the occupancy or ownership of any single or two family structure 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 Housing Maintenance Compliance. 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 relating to the issuance of building permits. Section 8. Section 15-331 is amended to read as follows: Section 15-331. Application; Inspection. Application for the Certificate of Housing Maintenance Compliance shall be made 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 that the structure is in compliance with the requirements of the ordinance code. The requirements which must be satisfied in order to obtain a Certificate of Housing Maintenance Compliance are provided in the St. Louis Park Ordinance Code. Section 9. Section 15-332 is amended to read as follows: Section 15-332. Issuance of Certificate. (1) If the single or two-family structure is in compliance with the requirements of the ordinance code, a Certificate of Housing Maintenance Compliance 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 the ordinance code. The present owner, occupant, or any agent designated by the present occupant or owner shall obtain the Certificate of Housing Maintenance Compliance. During the period of one year following its issuance, a Certificate of Housing Maintenance Compliance 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 of Housing Maintenance Compliance 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. (2) The present owner, occupant, or their designated agents shall obtain a copy of the Certificate of Housing Maintenance Compliance 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 of Housing Maintenance Compliance except pursuant to Subdivision 3. (3) A person may be granted occupancy of a dwelling unit prior to issuance of a Certificate of Housing Maintenance Compliance if approved by the Director of Inspections. The approval of the Director of Inspections shall be based on undue hardship or other extraordinary and exceptional problems; provided, that no problem shall constitute an immediate hazard as defined in Section 15-314. The approval shall not be given until the new owner or the agent of the new owner has filed a Statement of Intent to Comply with the Director of Inspections upon forms provided by the city. Correction dates in the Statement of Intent to Comply shall be established by the Director of Inspections with consideration to undue hardship, extraordinary and exceptional problems and weather conditions. Failure to meet the correction dates in the Statement of Intent to Comply shall constitute a violation of this code and a misdemeanor and shall void any approval given pursuant to this Subdivision. (4) Any failure by the owner, occupant, designated agents or any other person to comply with the requirements of the St. Louis Park Housing Code shall constitute a violation of the code and a misdemeanor. Section 10. Section 15-333 is repealed. Section 11. Section 15-334 is renumbered Section 15-333 and amended to read as follows: Section 15-333. Fee. The fee for the inspection for a Certificate of Housing Maintenance Compliance of a single or two-family dwelling unit shall be $35.00. Section 12. Section 15-342 is amended to read as follows: Section 15-342. Compliance with Housing Code and St. Louis Park Ordinance Code. All rental structures or buildings as defined in Section 15-302 including all habitable portions and accessory areas of such buildings, shall comply with the provisions of the Housing Code and other applicable sections relating to housing maintenance in the St. Louis Park Ordinance Code. The city shall make inspections for such compliance. Section 13. Penalty. Any person violating the provisions of this ordinance shall be gt—iTriTaTi misdemeanor and upon conviction shall be punished by a fine not more than $500 or by imprisonment for a period not to exceed 90 days or both. Section 14. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council July 18, 1983 Attest: Reviewed for Administration 4k, , cJ-?‘ ty Manager C.3 City Attorney Approved as to form and legality t 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN (Official Publication) ORDINANCE NO 1802 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATED TO HOUSING MAINTENANCE AMENDING SECTIONS 15-310, 15-330, 15-331, 15-332, 15-334 AND 15-342, ADDING SECTIONG 15-313, 15-314, 15-315, 15-318, 15.317, REPEALING SECTION 15-333; AND RENUMBERING SECTION 15-334 Summary 'This ordinance relates to housing maintenance inspections and adopts new definitions, exempts certain builta in. deficiencies from compliance, defines Immediate haz- ards and provides standards for re- pair and replacement work It re- quires that homeowners install smoke detectors The ordinance also clarifies the nature of the inspection and the application for inspection and clarifies the filing of the Certificate of Housing Maintenance Cohpliance with owners, occupants, and their agents and the issuance of a Certificate prior to work completion Adopted by,the City Council July 18, 1983 - ,(5) LYLE W HANKS Mayor A copy of the full text of this or- dinance is available for inspei•tion with the City Clerk (July 27, 1983) -SLP 924 Excelsior Avenue West Hopkins, Minnnesota State of Minnesota County of Hennepin D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know 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 (east 900 square inches (2) Said newspaper is a weekly and is distributed at least once every 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 advertisement (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Hopkins 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 of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regula business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer 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 No. 1 602 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 successive weeks, that it was first so published on Wed the 27 and was thereafter printed and published on every day of July 19 83 to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit abcdefghti kl mnopq rstu vwxyz Subscribed and sworn to before me this 29 MERJDEL M. HEDBLOM NOTARY PUBLIC - MINNESOT9 HENNEPIN COUNTY My commission expires July 2, 1986 day of July 19 83