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HomeMy WebLinkAbout1854-91 - ADMIN Ordinance - City Council - 1991/04/15e.0ro90 • ORDINANCE NO. 1854-91 AN ORDINANCE CHANGING THE ST. LOUIS PARK ORDINANCE CODE BY AMENDING AND ADDING REQUIREMENTS FOR LICENSING, QUALIFICATIONS, EXAMINATION, EXAMINATION FEE, INSURANCE AND APPLICATION FEE FOR PRIVATE HOUSING INSPECTORS BY AMENDING SECTIONS 13-119 AND SECTION 15-333 AND ADDING SECTIONS 13-240, 13-241, 13-242, 13,243, 13-244, 13-245, 13-246, 13-247, 13-248, 13-249 AND 13-250. THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Municipal Code is amended to read as attached: 1, Section 13-119. Insurance and Bonds Required. Insurance: Applicants for the licenses or permits listed in this section shall maintain in effect liability insurance (as indicated below) provided by an insurance carrier authorized to do business in Minnesota, of at least $100,000 per person bodily injury and $300,000 per accident bodily injury and $50,000 property damage, or a single -limit policy must maintain $300,000 liability coverage. The applicant shall deliver to the City Clerk a certificate of such insurance, and said policy shall provide that it may not be canceled by the insurer except upon 30 days prior written notice to the City Clerk, and if such insurance is terminated or not renewed with another policy conforming to the requirements of this section, the license shall be automatically suspended until the insurance has been replaced and a new certificate of insurance filed with the City Clerk. Bonds: Applicants for the licenses or permits listed in this section shall maintain in effect bonds for the penal sums indicated. The bonds shall be conditioned that the licensee shall comply with all laws, ordinances and regulations, will pay all fees and fines, and will hold the City harmless from any damage that may result from the activities or operations of the applicant. License or Permit Auction, Estate Sales Benches, Courtesy Billboards and Signs Building Demolition Building Movers Carnivals Children's Amusement Device Curb/Sidewalk Contractor Excavation/Open Pits/Pile Driving Pub Places Explosives Garbage Hauler Gas Equip Inst,Htg,Vtg,Air,Refrig Liquor, Intoxicating Liquor,Nonintox.$10,000 sales Newspaper vending machine Plumber Private Housing Inspector Recycling Collection Container Scavenger Taxicab Tree Removal & Trimming Towing Contractor Theatre Wine, On -Sale (over $10,000 sales) Insurance Required N/A Yes - general N/A Yes - general & auto. N/A State Ins. Yes - general Yes - general Yes - general Bond Penalty $5000 N/A $5000 $5000 N/A State Bond $5000 N/A $10,000 Yes - general N/A Yes - general & auto. N/A Yes - general & auto. $5000 Yes - general $5000 Yes - Dram Shop Liab. N/A Yes Dram Shop Liab. N/A Yes general N/A Yes or State Ins. $5000 *Yes, General and $250,000 N/A Professional Liability Insurance Yes - General N/A Yes - auto. Yes - general & auto. Yes - garage liab. Yes - general Yes - Dram Shop Liab. N/A $5000 N/A N/A N/A N/A N/A or State Bond *If a Private Housing Inspector has secured Housing Inspector's Professional Liability insurance under a "Claims Made" policy form, the Private Housing Inspector shall be required to continue to maintain Housing Inspector's Professional Liability Insurance for a minimum of three years after termination of their license. Said insurance also shall name the City of St. Louis Park as an additional insured. 1 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: 1 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 Occupancv: $35.00 The housing inspections for a Certificate of Housing Maintenance Compliance based on a change in occupancy shall be conducted by the City. Section 13-240. License Required. No person, other than a City employee, shall conduct housing inspections of one and two family residential homes in the City of St. Louis Park without first having obtained a license from the City Manager. the license must be issued to an individual who will actually perform the work. Section 13-241. License Application. The application for such license shall state the name and address of the applicant and such additional information as the City Manager may require. 41 r 1 3 Section 13-242. License Fee. The annual license fee for a Private Housing Inspector's license shall be $60.00. Section 13-243. License Denial, Suspension, and Revocation. The license for any Private Housing Inspector may be denied, suspended or revoked in accordance with Section 13-115 of the City Ordinance Code, as may be amended from time to time. Section 13-244. General and Professional Liability Insurance. Any person licensed to conduct private housing inspections in the City of St. Louis Park shall secure and maintain General Liability insurance as required in Section 13- 119 of the St. Louis Park Ordinance Code. Such person shall also carry Housing Inspectors Professional Liability Insurance with a company authorized to do business in the State of Minnesota. Said insurance shall be in the amount of no less than $250,000 per claim and shall name the City of St. Louis Park as an Additional Insured. A Certificate of Insurance evidencing current Housing Inspectors Professional Liability coverage shall be delivered to the City Clerk prior to the issuance of a Private Housing Inspector's license. Said Certificate shall provide that the subject insurance shall not be canceled by the insurer except upon 30 days prior written notice to the City Clerk. If a Private Housing Inspector has secured Housing Inspectors Professional Liability insurance under a "claims made" policy form, such person shall, upon termination of their license for any reason, continue to maintain Housing Inspector's Professional Liability Insurance for a minimum of three years after termination of the license. 4 11, Section 13-245. Orientation and Training. (a) The Director of Inspections or the Director's authorized designee shall require new applicants for a St. Louis Park Private Housing Inspector License and licensed Private Housing Inspectors in the City of St. Louis Park to attend orientation and training from time to time. Such orientation and training shall be mandatory for the issuance of new licenses and may be required from time to time of licensed Private Housing Inspectors at the discretion of the Director. (b) The Director of Inspections may require a licensed Private Housing Inspector to attend training or orientation, if the Director finds: (1) complaints from homeowners regarding housing inspections and failure of Private Housing Inspectors to respond to homeowners questions; (2) failure to submit reports to City on timely basis; (3) failure to write adequate work orders; (4) failure to identify code violations on checklist and/or work orders; (5) such other matters as the Director may find which indicate that Private Housing Inspectors have not maintained a level of skill and/or professionalism which reflects the City's high standards. Section 13-246 Examination and Additional Training. (a) Examination The Director of Inspections or the Director's authorized designee shall administer an examination for all new applicants for a Private Housing Inspector License. Any licensed Private Housing Inspectors in the City of St. Louis Park may be required to take an examination from time to time at the discretion of the Director. The Director's decision to re-examine a Private Housing Inspector shall be based on the criteria set forth in Section 13-245(b) which may be amended from time to time. (b) Examinations may be administered as frequently as the City deems necessary to maintain effective operation of the City's housing inspection program. Application for the examination shall be on forms provided by the City. Pre -requisites to take an examination shall include attendance at any required orientation and a valid license from the City of Minneapolis or the City of St. Paul to conduct Truth in Housing Inspections. (c) Additional Training In the event a licensed Private Housing Inspector is required by the Director of Inspections or the Director's authorized designee to attend additional training during a licensed period, no additional fee will be charged. ill 411 1 i• 5 Section 13-247. Application Fee for Training and Examination. The fee for the yearly orientation training and examination for Private Housing Inspector shall be $25.00. The fee is non-refundable and shall not be pro -rated. Section 13-248. Qualifications of Applicants. A person seeking a license to engage in the business of private housing inspections of 1-2 family homes in the City of St. Louis Park shall demonstrate appropriate qualifications to conduct housing inspections. Applicants for a St. Louis Park Housing Inspector License must be licensed by either the City of Minneapolis or the City of St. Paul to conduct Truth In Housing Inspections. An applicant shall provide appropriate insurance, as required by Section 13-244 of the City Code, take and pass an examination for such work administered by the City of St. Louis Park pertaining to City Louis Park housing code requirements and demonstrate, to the satisfaction of the Director of Inspections or the Director's authorized designee, the applicant has the ability to effectively enforce the St. Louis Park Housing Code requirements, including the ability to write work orders in a manner acceptable to the City. The Director of Inspections shall have the authority to determine whether the applicant qualifies under the requirements of this section. Section 13-249. Private Inspector -Transmittal of Paper Work to Citv. Private Housing Inspectors shall transmit a copy of the Housing Condition Report and Work Order to the -St. Louis Park Department of Inspections within three working days from the date of inspection, not including Saturdays, Sundays and legal holidays. It shall be the responsibility of the Private Inspector to guarantee receipt of such reports by the City. Section 2. 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 unenforceable provision had never been contained herein. Section 3. Penalty Any persons violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shal] be punished in accordance with Section 2-203 of St. Louis Park Municipal Code. Section 4. Effective Date. This ordinance shall take effect May 9, 1991 (15 days after its publication on April 24, 1991). Attest: City C k Reviewed for Administration !y c- 490,'lk City Manager Adopted by the City Council April 15, 1991 ii/ Mayo Approved as to form and execution <Z5 L7 1i t City Attorney Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS Gregory Ptacin , being duly the publisher or authorized agent and employee St. Louis Park Sailor by4) City of St. Louis Park , (Official Pufkation) ORDINANCE NO. 1854-91 AN ORDINANCEGIING THE ST LOUIS PARK 'OR7?_ CE CODE BY AMENDING ANDADDING REQUIREMENTS FOR tICENSING, QUALIFICATIONS, EXAMINATION, EXAMINATIONVEE; INSURANCE AND LICENSE FEE -FOR PRIVATE HOUSING INSPECTORS BY AMEND- ING CODE SECTIONS 13-119 AND 15- 333, ADDING SECTIONS 13-240 THROUGH 13-2491N'CLUSIVE Summary sworn on an oath says that he/she is This This establishes procedures for the licensing of qualified persons to conduct pnvate housing inspections of one - and two-family houses in St Louis Park Of the publisher Of the newspaper known as The ordinance seta fees, insurance & La- bility requirements, qualifications, train- ing & examination processes, related to St Louis Park housing code requirements Effective Date This ordinance shall take effect May 9, 1991 (15 days after its pubhcauon on Apnl 24, 1991) Adopted by the City Council April 15, 1991 /s/ Lyle W Hanks, Mayor (The full text of this ordinance is avail- able for inspection with the City Clerk ) (April 24, 1991) -SLP stated below , and has full knowledge of the facts which are (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. 1854-91 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 24 April , 19 91 , and was thereafter printed and published on every and including , the _ day of day , 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 abcdefghijkimnopgrstuvwxyz 4 day of April 19 91 BY- TITLE 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 $ 1 10 per line (Line, word, or inch rate) $ 649a per line (Line, word, or inch rate) $ 59c per line (Line, word, or inch rate)