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HomeMy WebLinkAbout1622-84 - ADMIN Ordinance - City Council - 1984/04/16[i ORDINANCE NO. 1622-84 APRIL 16, 1984 8b AN ORDINANCE RELATED TO THE PARKING OF CERTAIN VEHICLES (TRAILERS, SEMI -TRAILERS, ETC.):AMENDING THE ST. LOUIS PARK MUNICIPAL CODE, SECTION 10-317(2)(b). RELATED TO BUILDING MOVING: ADDING SECTION 15-500(5); AMENDING CURRENT SECTIONS 15-501, 15-502, 15-502(1), 15-502(2)(d), 15-503(3)(a)&(b), 15-503(4), 15-504(2)(3), 15-505(1)(2), 15-506, and 15-508; REPEALING FORMER SECTION 15-503; RENUMBERING FORMER SECTIONS 15-504, 15-505, 15-506, 15-507, 15-510 and 15-511. THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code is added to, amended, deleted from and repealed as listed above and as attached: 1 Section 10-317. Parking of Certain Motor Vehicles On or Near Resi entia se Districts roper ies. (1) Declaration of Nuisance. The outside parking or outside storage within a residential use district of motor vehicles not custom- arily used or needed for use in connection with the occupancy of residential purposes, is found to create a nuisance and detrimental influence upon the public health, safety, prosperity good order and general welfare in such district, by obstructing the view on streets and on private properties, bringing unhealthful and noisome odors and materials into residential neighborhoods, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets for residential parking, introducing commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, and otherwise adversely affecting residential property values and neighborhood patterns. (2) Unlawful Parking. Except when loading, unloading or rendering service, it is unlawful for any person owning, driving or in charge of a motor vehicle to cause or permit within any resi- dential use district: (a) the parking on any public or private property outside of an enclosed structure of more than one tow truck per residential unit, or (b) the parking on any public or private property or the storage within any enclosed structure of any of the following which is in excess of 9,000 pounds gross vehicle weight or in excess of 22 feet in length: Commercial bus, tractor, truck tractor, trailer, semi- trailer, tractor trailer combination or any other similar vehicle. (Sec. 10-317(2) amended b�j Ord. 1494, 2/2/31, and Ord. , 4-16-84) (3) Exceptions. Section 10-317(2) shall not apply to (a) any motor ve is a being used by a public utility, moving company or similar company while it is actually being used to service a residence not belonging to or occupied by the operator of the vehicle; (b) any motor vehicle used in conjunction with an authorized construction site during a period that construction is actually taking place, including non -working hours and holidays; or (c) any motor vehicle specifically and originally designed and manufactured for recreation purposes, in excess of 22 feet in length, which is parked in a rear yard area and not within five (5) feet of any property line, provided that vehicles converted for recreational purposes may be parked in a rear yard area, not within five (5) feet of any property line until November 15, 1973, upon which date Section 10-317(2) shall become fully applicable to such vehicles. 249.1 May, 1984 (Original Section 15-501-15-505, Gas Piping Code, repealed by Ord. 1492, 1/19/81) Moving Buildings Section15-500. Definitions. For the purpose of Sections 15-500 to 15-507 the following terms, phrases, words, and their derivations shall have the meaning given herein. (1) "Building" is a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial,industrial, institutional, assembly, educational or recreational purposes. A structure of less than 100 square feet floor area shall not fall within this definition. (2) "Director of Inspectional Services" is the Director of Inspectional Services of the City of St. Louis Park. (3) "City" is the City of St. Louis Park. (4) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (Sec. 15-241 renumbered 15-500 bq Ord. 1492, 1/19/81) (5) "Road Authority" is the Director of Public Works (or his designate) of the City of St. Louis Park (Subsec. 5 added by Ord. , 4/16/84) Section 15-501. Permit Required. No person licensed by the State Commissioner of Transportation shall move any building over, along or across any highway, street or alley under the jurisdiction of the Road Authority without first obtaining permits from the Road Authority and the Director of Inspectional Services provided, however, that no permit from the City shall be required for moving buildings being transported through the City and not from a location therein nor to a location within the City, if a permit has been granted by the State Commissioner of Transportation for the moving of buildings exclusively on trunk highways or by the County Board or County Engineers for the moving of buildings exclusively on highways under the jurisdiction of the County Board, or on Texas Avenue from Cedar Lake Road to Trunk Highway 12. Said permit from the Road Authority shall regulate the hours, routing, movement, parking and speed limit for any persons moving any building or buildings in the City. The permit from the Director of Inspectional Services shall regulate the condition of the building to be moved, the condition of the building after it is moved, the condition of the properties the building is removed from and placed upon, the public health, safety and welfare and the regulation of the zoning, building and housing codes. (Sec. 15-242 amended by Ord. 1380, 8/1/77; renumbered to 15-501 and amended by Ord. 1492, 1/19/81; amended by Ord. , 4/16/84) May, 1984 762 Section 15-502. Application. A person seeking issuance of permits hereunder shall file applications for such permits with the Road Authority and the Director of Inspectional Services. (Sec. 15-502 amended by Ord. , 4/16/84) (1) Form. Applications shall be made in writing, upon forms provided by the Road Authority and the Director of Inspectional Services and shall be filed in their respective offices and shall contain such information as the Road Authority and the Director of Inspectional Services shall find necessary for a determination of whether such permits should be issued. (Sec. 15-502(1) amended by Ord. 4/16/84) (2) Accompanying Papers. (a) Tax Certificate. The owner of the building to be moved shall file with the application suf- ficient evidence that all real estate taxes and special assessments against the building and lot from which it is to be removed are paid in full. (b) Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application sufficient written evidence that he is entitled to move the building. (c) Consent of Public Utility Company. The applicant shall file with the application prior to issuance of permit, written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the company. (d) Proof of Commissioner's Bond/License. The moving contractor/applicant shall present, with the applications proof of a building -mover license/ bond as issued by the State Commissioner of Transportation in conformity with Minnesota Statutes, Section 221.81. (Sec. 15-502(2)(d) added by Ord. 1492 , 1/19/81; amended by Ord. , 4/16/84) 9 763 ::ay 7984 J (3) Fee. The application shall be accompanied by the following permit fees: (a) A building which is a detached accessory structure including garages and storage sheds not exceeding 750 square feet shall pay a permit fee of $40. (b) For all other buildings including family dwellings, the permit fee shall be $80 for moves into the City or moves within the City from one location to another location; $50 for moves out of the City; and $25 for transportation of a building through the City. (c) If the building to be moved is located outside the City, the fee shall be augmented by a charge beyond the City limits to defray inspection costs, in accordance with mileage reim- bursement authorized when private cars are used for City business. (Subsection (3) amended by Ord. 1356, 12/20/76; 1400, 2/6/78 & deleted by 1488, 11/17/80) (Subsection (3) added by Ord. 1492, 1/19/82) (Sec. I5-243 renumbered 15-502 and amended by Ord. 1492, 1/19/81) (Sec. 15-244(2)(3) repealed by Ord. 1295, 5/5/75; Sec. 15-244 renumbered 15-503 and amended by Ord. 1492, 1/19/81; Sec. 15-503 repealed by Ord. , 4/16/84) May, 1984 764 Section 15-503. Duties of Director of Inspectional Services. (Sec. 15-504 renumbered 15-503 by Ord.4/16/84) (1) Inspection. The Director of Inspec ional Services shall inspect the building and the applicant's equipment to determine whether the following standards for issuance of a permit are met. (2) Standards for Issuance. The Director of Inspectional Services shall refuse to issue a permit if he finds: (a) That any application requirement or any fee has not been complied with; (Subsection (a) amended by Ord. 1492, 1/19/81) (b) That the building is too large to move without endangering persons or property in the City; (c) That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City; (d) That the building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the City; (e) That the applicant's equipment is unsafe and that persons and property would be endangered by its use; (f) That zoning, building code or other ordinances would be violated by the building in its new location; (g) That for any other reason persons or property in the City would be endangered by the moving of the building. May, 1984 765 t May, 1984 (3) Fees. (a) No Return upon Non -Issuance. Permit fees filed with the application shall not be returned to the applicant upon refusal by the Road Authority or the Director of Inspectional Services to issue a specific permit or permits. (Subs.(a) amended by Ord. 1492, 1/19/81; amended by Ord. , 4/16184) (b) Return upon Allowances. After the building has been removed the Road Authority shall furnish the City Manager with a written statement of all expenses incurred and of all damage caused to or inflicted upon property belonging to the City by reason of the removal. (Subs. (b) amended by Ord. , 4/16/84) (4) Designate Streets for Removal. The Road Authority shall prepare a list of designated streets over which the building may be moved. The Road Authority shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations the Road Authority and the Chief of Police shall act to assure maximum safety to persons and property in the City and to minimize con- gestion and traffic hazards on public streets. (Sec. 15-245 renumbered 15-504 and amended by Ord. 1492, 1/19/81; renumbered 15-503 and amended by Ord. , 4-16/84) , Section 15-504. Duties of Permittee. Every permittee under this ordinance shall: (Sec. 15-505 renumbered 15-504 by Ord. , 4/16/84) (1) Use Designated Streets. Move a building only over streets designated or such use in the written permit. (2) Notif of Revised Moving Time. Notify the Road Authority and the Director of Inspectional Services in writing of a desired change in moving date and hours as proposed in the application. (Subs. (2) amended by Ord. , 4/16/84) 766 May, 1984 (3) Notify of Damage. Notify the Road Authority in writing of any and all damages done to property belonging to the City or any public utility within 24 hours after the damage or injury has occurred. (Subs. (3) amended by Ord. , 4/16/84) (4) Display Lights. Cause red-11gits to be displayed during the night time on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. Warning lights with open flame shall not be used. (5) Street Occupancy Period. Remove the building from the City streets after two days of such occupancy, unless an extension is granted by the City Manager. (6) Com 1 with Governinj Law. Comply with the Building Code, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the City. (Subsection (6) amended by Ord. 1492, 1/19/81) (7) Pay Expenses of Officer. Pay the expense of a traffic officer ordered by the City Manager to accompany the movement of the building to protect the public from injury. (8) Clear Old Premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site if within the City so that the premises are left in a safe and sanitary condition. (9) Remove Service Connection. See that the sewer line is plugged with a concrete stopper, the water shut off, and the meter returned to the City Water Department office, if the original building site is within the City. Permittee shall notify the gas and electric service companies to remove their services. (10) Completion of Remodeling. Complete promptly and within 90 days after removal, all remodeling, additions or repairs as shown on the plans accompanying the application. (Sec. 15-246 renumbered 15-505 and amended by Ord. 1492, L119/81; 767 renumbered to 15-504 and amended by Ord. , 4116184) Section 15-505. Liability cf Permittee to City. (1) Permittee Liable for Expense. The Permittee shall be liable for any expense, damages or costs incurred by the City as a result of building relocation by Permittee. (2) Ori final Premise Left Unsafe. If the original building site is within the City, the City shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition, where permittee does not comply with the require- ments of this ordinance, and the cost thereof shall be charged against the Permittee's bond held by the Commissioner of Transportation. (Sec. 15-247 renumbered 15-506 and (1) amended by Ord. 1492, 1/19/81; renumbered to I5-505 and (1)&(2) amended by Ord. , 4/16/84) May, 1984 768 Section 15-50 6. No person shall place any building or permanent structure in area not protected against flooding unless the main floor of the building or structure is at least three feet above the maximum flood height, and no basement or other floor shall be constructed below or at a lower elevation than the main floor, except structures constructed in conjunction with sound flood plain management and public recreational structures. (Sec. 15-250 renumbered 15-507 by Ord. 1492, 1/19 4%)6/84) (Sec. 15-507 renumbered 15-506 D-? Ord. , Section 15-507. Violations Declared. It shall be unlawful for any person to erect, construct, design, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the -same to be done, contrary to or in violation of this Code. (Sec. 15-510 added by Ord. 1492, 1/19/81) 4-Z6-84) (Sec. 15-510 renumbered 15-507 by Ord. , Section 15-508. Penalt . Any person violating the provisions of this Code shall be guilty of a misdemeanor and fined according to Section 2-203 of this Code. (Sec. 15-511 added by Ord. 1492, 1/19/81) (Sec. 15-511 renumbered 15-508 and amended by Ord. 4/16/84) May, 1984 769 Sec. 2. Violation of the provisions of this ordinance shall be a misdemeanor. Sec. 3. This ordinance shall take effect 15 days after its publica- tion. Adopted by the City Council April 16, 1984. '46 Y' _ V,4 For Reviewed for administration: C ty Fianager Approved as to form and legality: City Xttorney SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN 924 Excelsior Avenue West Hopkins, Minnnesota State of Minnesota County of Hennepin D h NIORTENSON being duly sworn, on oath says he is and during all times here stated his been the we president and general manager of the newspaper know is The St Louis Park Sun and has full know ledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in new spaper 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 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 Ind near the municipalities which it purports to sere has at least 500 copies regularly delivered to paying subscribers his an average of it least 75% of its total circulation currently paid or no more than three months in arrears and his entry as second class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park Golden Vallev 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 Ind sale of subscriptions and maintained by the managing officer of said newspaper or persons in its emplov and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediatel) 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 Januars 1, 1966 and each Januar I thereafter and affidavit in the form prescribed by the Secrelary of State Ind signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper fie further states on oath that the printed Ordinance N0.1622-84 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 forOnQsuccessne weeks that it was first so published on Mon the 23 daof April 19 84 and was thereafter printed and published on ever to and including the da% of , 19 and that the following is a printed cup% of the lower case alphabet from a to Z both inclusive and is hereb% acknowledged as being the size and kind of I% pe used in the composition and publication of said notice to wit ibedefghilklmnopgrsiuvw xi r Subscribed and scorn to before me thi MERIDEL M. HEDBLOM NOTARY PUBLIC - MINNESOT, HENNEPIN COUNTY My commission expires July 2, 1986 23 day of April 19 84 r!_ (Of icial PU I ORDIINANCE No1622-S4AN ORDINANCE RELATING TO MOVING BUILDINGS AND THE PARKING OF TRAILERS AND SEMI -TRAILERS; AMENDING THE ST LOUIS PARK MUNICIPAL CODE, SECTIONS 10-317, ITEM (Y) SUBITEM (b), 15-500, 15-SOl, 15-502, 15 -502(i),15 -5020)(d) 15-505(2), 15-505(3),15-So8(1),15REPEAUNG -508(2),15-511, RENUMBERING SEC' ONS iON 1S 504, 15-505, 15-506,15.507,75-510 AND SUMMARY, 15-511 — lates to building movers This And the mov- Ing ofbuildings and provides fo obtaining s permit from the Roer Authority (Director of tIn ublic Works) in addition to obtainp[og a permit from d Dance urther defineslthe unlawful parkmg of trailers and semi -trailers in residential neighborhoods Adopted by the City 16, 1984 Council April (s) LYLE W HANKS A copy of the full text of Mayor durance is available for inspection his or - with the City Clerk (April 23, 1984) -SLP �—