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Home My WebLink About1837-90 - ADMIN Ordinance - City Council - 1990/08/20F SUBSTITUTED ORIGINAL ORDINANCE NO. 1837-90 AN ORDINANCE AMENDING ST. LOUIS PARK MUNICIPAL CODE SECTION 15-332 ITEM (3); RENUMBERING ITEM (4) TO (5) OF SECTION 15-332, ADDING A NEW ITEM 4 AND ITEM 5 TO SECTION 15-332 RELATING TO THE ESCROWING OF MONIES FOR REQUIRED WORK TO CORRECT VIOLATIONS IN A STATEMENT OF INTENT TO COMPLY THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St., Louis Park Municipal Code Section 15-332, Item (3) is amended to read as follows: (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. ,Leri-s--Par-k 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, as provided in Sections 15-332 (4)(a -d) as may be amended from time to time. 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. Section 2. The St. Louis Park Municipal Code Section 15-332, Item 4, is renumbered Item 6 as follows: Ci —2— (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. Section 3. The St. Louis Park Municipal Code Section 15-332 is amended by adding Item (4) as follows: (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 1'i 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 Director 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 Director. (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 and 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 Director with proof the required funds have been escrowed. (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. Section 4. The St. Louis Park Municipal Code Section 15-332 is amended by adding Item (5) as follows: (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 f —3— 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 Intent to 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. Section 5. Severability. In case any one or more of the provisions contained in this ordinance shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this ordinance shall be construed as if such invalid, illegal or unenforce- able provision had never been contained herein. Section 6. Penalty. Any person violating the provisions of this ordinance shall be punished in accordance with Section 2-203 of the St. Louis Park Ordinance Code. Section 7. Effective date. This ordinance shall take effect 15 days after its publication. Attest: Adopted by the City Council August 20, 1990. Review for Administration: 1011 C, /Ji)(02 City Manager Reviewed as to form and execution: Cityhitirlty- &LA-Y(44244-J Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION •TATE OF MINNESOTA) COUNTY OF HENNEPIN) Gregory Ptacin , being duly sworn on an oath says that he/she City of St. Louis Park (Official Pubbcation) ORDINANCE NO*1837.90 AN ORDINANCE AMENDING ST LOUIS LPARK MUNICIPAL CODE SECTION 15-332, ITEM (3), RENUMBERING' ITEM (4) TO (6) OF SECTION 15-332 ADDING A NEW ITEM 4 AND ITEM 5 TO SECTION 15-332 RELATING TO THE ESCROWING OF MONIES FOR REQUIRED WORK TO CORRECT VIOLATIONS IN A STATEMENT OF INTENT TO COMPLY Summary This ordinance provides re- quirements for a Statement of Intent to Comply and the escrowing of funds to cover the housing repair work and a penalty for failure to complete is the work by an estabbshed correction date Adopted by the Council August 20, 1990 /s/LYLE W HANKS Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk (Aug 29, 1990) - SLP the publisher or authorized agent and employee of the publisher of the newspaper known as S t . Louis Park Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B) The printed Ordinance No. 1837-90 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on Wednesday , the 29 day f A U g U $ t , 19 90 , and was thereafter printed and published on every and including to , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice Acknowledged before me on this No abcdefgiuuklmnopgrstuvwxyz 31 day of , August , 19 90 MERl "t M HEDBLOM P4O r AR`. PUBLIC—MINNESOTA ' - `.,t; HEWNEP!N COUNTY 4, , , i? IW COMMISSION EXPIRES 7-2.42 �a..a.rwsoM�+c. BY TITLE 7 General Manager RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 110 per line (Line, word, or inch rate) $ 649` per line (Line, word, or inch rate) $ 593 per line (Line, word, or inch rate)