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HomeMy WebLinkAbout1885-92 - ADMIN Ordinance - City Council - 1992/05/04ORDINANCE NO. 1885-92 AN ORDINANCE CHANGING THE ST. LOUIS PARK MUNICIPAL CODE RELATING TO THE INCORPORATION OF THE DEPARTMENT OF INSPECTIONS INTO THE DEPARTMENT OF PUBLIC WORKS AS THE DIVISION OF INSPECTIONS BY AMENDING SECTIONS 1-102, 1-205, 1-501, 11-103, 11-114, 11-115, 11-116, 11-209, 11-217, 11-218, 11-2.22, 11-521, 13-212, 13-222, 13-245, 13-246, 13-248, 13-249, 13-551, 13-555, 13-705, 13-706, 13-707, 13-709, 13-714, 13-805, 13-847, 13-934, 13-1032, 13-1346, 14-201, 14-202, 14-207, 15-211, 15-223, 15-224, 15-231, 15-241, 15-242, 15-253, 15-254, 15-262, 15-263, 15-264, 15-310, 15-311, 15-320, 15-332, 15-347, 15-348, 15-402, 15-405, 15-406, 15-408, 15-411, 15-501, 15-502, and 15-503 AND DELETING SECTION 1-204 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 1-102 is amended to read as follows: Section 1-102. Departmental Organization. The administrative services of the City shall be divided into the following departments, divisions, officers and heads thereof and said departments, divisions, offices and positions are hereby established: (departments et al not being amended not listed.) Inspections Division Head of Inspections Section 3. Section 1-205 is hereby amended to read: Section 1-205. Department of Public Works. The Department of Public Works shall be administered by the Director of Public Works/City Engineer. (1) Duties of the Director. The Director of Public Works/City Engineer shall be responsible to the City Manager for planning, coordination and supervision of all improvement projects; street maintenance; operation of facilities and equipment within the City; and enforcement of State laws and City ordinances relating to the health and sanitation, building construction, zoning and building codes and safety. (2) (g) Inspections. Inspections shall be administered by the Division Head of Inspections who shall be responsible to the Director of Public Works and shall be responsible for inspectional activities relating to health, building construction, operation and maintenance and zoning and safety. Section 4. Section 1-501 is amended to read as follows: Section 1-501. Authorization to Issue Tickets. The City Council hereby confers the power and authority to issue and serve a written or printed notice, hereinafter referred to as a tag (ticket), upon persons charged with ordinance violations, upon the Fire Chief, Health Official, Building Official, Division Head of Inspections, Community Service Officers, Animal Control Officers, and all duly appointed, qualified and acting inspectors of the several departments of the City charged with enforcing ordinances related to 'building construction, operation or maintenance; fire and fire prevention; public health and sanitation; zoning; and public safety, provided, however, nobody other than a Police Officer shall arrest or otherwise take a violator into custody. Such tag shall be served upon the person creating the violation, the owner, lessee, or person in charge of the premises alleged to be in violation. Section 5. Section 11-103 (17) is amended to read as follows: Section 11-103. Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting public peace and safety. (17) All other acts, omissions of acts, occupations and uses of property which are a menace to the public health and safety as determined by the Division Head of Inspections. Section 6. Section 11-114 is amended to read as follows: Section 11-114. Health or Building Official. The Division Head of Inspections, or other authorized designee shall be the Health Official and the Inspections Supervisor shall be the Building Official responsible under this Ordinance. A nuisance may be reported to the Health Official or the Building Official by the Chief of Police, the Fire Chief, the City Manager or City Inspectors for further investigation and subsequent enforcement. Section 7. Section 11-115 is amended to read as follows: Section 11-115. Notice of Need to Abate Nuisance. Whenever the existence of any nuisance defined in this ordinance, constituting a public health or safety hazard, within any lots or parcels of real estate situated within the City, shall come to the attention of the Health Official, the Official shall cause an investigation of the reported nuisance. After the investigation, the Health Official shall determine whether a nuisance exists. Upon finding a nuisance, the Health Official shall prepare a written notice and personally serve the notice upon the owner of the property. Owner shall be defined as the person listed as owner according to the current records of the Hennepin County Auditor. Such notice shall contain the name of the owner, his/her address (if known), the address of the property containing the nuisance and a description of the nuisance which must be abated at the owner's expense, and the time frame within which the nuisance must be abated as determined in the sole discretion of the Health Official. In determining the time within which owner must abate the nuisance, the Health Official shall consider, among other factors, the following: 1) the_severity of the threat to public health and safety; 2) the size or magnitude �f the nuisance; and 3) the number of persons affected by the nuisance. The notice shall further state if owner fails to abate the nuisance within the time provided in said notice, the City may enter onto owner's property for purpose of abating the nuisance. Non-compliance with the required action will result in City action to abate the nuisance the cost of which will subsequently be assessed as a lien against the owner's property. If the owner's address is not known, 2 1 6 service of the notice may be made upon a tenant, lessee, or owner's agent and shall also be posted upon the property. Where no owner or owner's agent can be found, the City Clerk shall cause the notice to be published once in the official City newspaper within ten (10) days of issuance of the notice. If publication is required, the City shall allow an additional ten (10) days from the date of publication for owner to comply with the notice of violation and abatement. Section 8. Section 11-116 is amended to read as follows: Section 11-116. Time to Respond. The owner shall abate the nuisance, at the owner's expense, within the period of time contained within the notice. In the instance of publication of the notice, the owner shall have ten (10) days following the date of publication of the notice plus the amount of time provided in the notice to abate the nuisance. The Health Official shall cause an inspection of the property containing the nuisance to be made the day after the last day for abatement as stated in the notice or within such other time as may be reasonable and practical. Section 9. Section 11-209 is amended to read as follows: Section 11-209. Approval of New Construction, Repair, or Alteration. No person shall construct, enlarge, repair, move, improve, convert, or alter any control equipment without first obtaining appropriate permits from the Division of Inspections. The Division of Inspections shall not issue any permits for work or Certificates of Occupancy until such permits or Certificates of Occupancy shall have the approval of the Health Authority endorsed thereon. Section 10. Section 11-217 is amended to read as follows: Section 11-217. New Construction Repair, or Alteration Fee. The permit fee for new construction, repair or alteration permits shall be the schedule of fees of the Division of Inspections and other departments without additional fee for endorsement of Health Authority thereon. Section 11. Section 11-218 is amended to read as follows: Section 11-218. Analysis Fees. Whenever the Health Authority finds that an analysis of the emissions from any source is necessary to determine the extent and amount of air pollution or air contaminants emitted into the atmosphere which cannot be determined by visual observation, the Health Authority may order the collection and the analysis of samples by the Inspections Division, the Minnesota State Health Department, State Pollution Control Agency, or by any competent laboratory. The fees for such work shall be equal to the total of the actual cost paid the personnel plus the actual cost of the analysis work. The City Health Authority shall report the cost.of such work to the Director of Finance who shall render statements for such work to the licensee, or other person responsible for the control equipment. The statement shall be sent registered mail, return receipt requested, by the U.S. Postal Service. The amount claimed in the statement shall be paid to the City of St. Louis Park within ten days after receipt of the statement. No permit or Certificate of Occupancy may be issued until the City receives payment of the fees. Whenever any person objects to the amount of sampling or the cost thereof the person may appeal the same as elsewhere herein provided. 3 Section 12. Section 11-222 is amended to read as follows: Section 11-222. Posting., Each inspection report shall be posted by the Health Authority upon an inside wall of the place of business, not in a public area, and such inspection report shall not be defaced or removed by any person, except the Health Authority. The posting of the inspection report upon the inside wall shall constitute service of an official notification that the premises have been inspected by the Health Authority. The Health Authority may, in lieu of posting such report, deliver it to the licensee or an authorized agent or send it registered mail, return receipt requested, in the U.S. Postal Service. Another copy of the inspection report shall be filed with the records of the Division of Inspections. Section 13. Section 11-521 is hereby amended to read: Section 11-521. Temporary Noise Permit. A. Noise Pollution Source with Specific Location. (1) A person may make application to the Director of Public Works or other person authorized in writing by the City Manager for a temporary noise permit to create noise conditions exceeding the requirements of the ordinance code. The application shall include the reason for requesting the temporary noise permit, the nature of operation or procedure to be employed during the period of the temporary noise permit, and the time permit for which the temporary noise permit is requested. Any temporary noise permit granted by the Director of Public Works or other authorized designee shall not exceed 90 days and a temporary noise permit may be renewed once for a period not to exceed 30 days upon request of the original applicant and upon approval of the Director of Public Works or other authorized designee. (4) In the event that the temporary noise permit application is more than three days or is for a use during hours other than permitted in Sections 11-509 and 11-511 or elsewhere in Sections 11-506 through 11-521 of this ordinance code, then within five days of the application, the Director of Public Works or other authorized designee shall mail notice of the application to all owners of property within 350 feet of the proposed temporary noise permit location, as the names of the owners appear on the records of the county auditor, and to all occupants of the property in each case where the owner is not the sole occupant. For each apartment building, office building, or place of business a notice of the request for a temporary noise permit may be posted in a conspicuous place in the building in lieu 'of sending a notice to each person. If an attempt is made in good faith to mail the notice to all persons or to post the notice in the manner provided above, failure to send one or more through inadvertence shall not invalidate the proceedings. Proof of mailing or posting shall be made by affidavit of the person mailing or posting same and shall be promptly filed in the office of the Division of Inspections or (3) 4 1 (5) other designated place. The notice shall invite any pertinent objection to be made to the Director of Public Works or other authorized designee within a waiting period of seven days after the filing of the affidavit or mailing or posting._ (d) No other reasonable alternative is available to the applicant. In granting a temporary noise permit, the Director of Public Works or other authorized designee shall prescribe any conditions, requirements, or restrictions reasonably necessary to minimize adverse effects upon the community or surrounding neighborhood. (6) (a) If no objection is brought to the notice of the Director of Public Works or other authorized designee within the waiting period, the Director of Public Works or other authorized designee shall decide to grant or to deny the application for a temporary noise permit within five days after the end of the waiting period. If the Director of Public Works or authorized designee does not act within five days, a detailed statement shall be submitted to the City Manager setting forth the circumstances precluding a decision at that time. (b) Persons bringing objections to the notice of the Director of Public Works or other authorized designee within the waiting period shall be considered as affected persons and they may appeal the issuance of the permit according to the procedures prescribed in Section 11-522. B. Mobile Noise Pollution Sources. (1) A person may make application to the Director of Public Works or other authorized designee for a temporary noise permit for a mobile noise source from any provision of this ordinance. The application shall include the reason for requesting the temporary noise permit, the nature of the operation or procedure to be employed during the temporary noise permit, and the projected amount of time the temporary noise permit will exist. The Director of Public Works or other authorized designee shall submit such application to the City Manager for consideration upon its receipt. Section 14. Section 13-212.101 is amended to read as follows: Section 13-212.101. Types of Certificates of Competence..ls1 Master Class A Gas Fitter Class B Gas Fitter Journeyman Gas Fitter 5 Each individual applicant for a Certificate of Competence shall be qualified by education and/or experience and shall pass a written examination. The written examination shall be administered by the Division Head of Inspections or the Division Head's authorized representatives. The Division Head may waive the examination if the applicant has a current Certificate of type being applied for from a city with equal requirements. The Certificate shall expire on the 31st day of December each year. The holder of the Certificate may renew the Certificate for the next year without reexamination. The Division Head may require reexamination at five-year intervals, notwithstanding the fact that the individual holds a valid Certificate of Competence from another jurisdiction. _ Section 15. Section 13-222 amended to read as follows: Section 13-222. Qualifications of Applicants. Each person, firm or corpora- tion desiring to engage in or carry on the business as above mentioned shall be well qualified to do so. Qualified shall mean that a principal person of each firm, partnership or corporation shall have a Master's Certificate of Competence issued by the Division Head of Inspections or by a person so designated by the Division Head. The Certificate must be of the type corresponding to the type of license being applied for. The holder of the Certificate shall be active in the day-to-day management of the firm, partnership or corporation. Section 16. Section 13-222.101 is hereby amended to read as follows: Section 13-222.101. Types of Master's Certificate of Competence. The types of Master's Certificate of Competence must be issued as follows: Type I Dry Heat Ventilation, Air Conditioning and Refrigeration. Type II Wet Heat. Type III Refrigeration. Each individual applicant for a Certificate of Competence shall be qualified by education and/or experience and shall pass a written examination. The examination shall be administered by the Division Head of Inspections or the Division Head's authorized representatives. The Division Head may waive the examination if the applicant has a current Certificate of type being applied for from a city with equal requirements. The Certificate shall expire on the 31st day of December of each year. The holder of the Certificate may renew the Certificate for the next year without reexamination. The Division Head may require reexamination at 5 -year intervals, notwithstanding the fact that the individual holds a valid Certificate from another jurisdiction. Section 17. Section 13-245 is amended to read as follows: Section 13-245. Orientation and Training. (a) The Director of Public Works 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 J 1 1 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 Public Works may require a licensed Private Housing Inspector to attend training or orientation, if the Director of Public Works 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 order; (4) failure to identify code violations on checklist and/or work order; (5) such other matters as the Director of Public Works 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 18. Section 13-246 is amended to read as follows: Section 13-246. Examination and Additional Training. (a) Examination The Director of Public Works or the Director's authorized designee shall administer an examination for all new applicants for a Private Housing Inspector License. Any licensed Private Housing Inspector 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. (c) Additional Training In the event a licensed Private Housing Inspector is required by the Director of Public Works or the Director's authorized designee to attend additional training during a licensed period, no additional fee will be charged. Section 20.' Section 13-248 is amended to read as follows: 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 of St. Louis Park housing code requirements and demonstrate, to the satisfaction of the Director of Public Works 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 Public Works shall have the authority to determine whether the applicant qualifies under the requirements of this section. Section 20. Section 13-248.101 is amended to read as follows: Section 13-248.101. Private Housing Inspector Performance Monitoring. The Director of Public Works may recommend denial, revocation, suspension or non- renewal of a Private Housing Inspector's license to the City Manager whereupon the City Manager, pursuant to Section 13-115 of the City Ordinance Code, may take action as the City Manager deems appropriate. The Director of Public Work's recommendation shall be based on the following performance monitoring criteria: 1. Complaints from homeowners regarding housing inspections and/or failure of the Private Housing Inspector to respond to homeowner's questions. 2. Failure to submit reports to the City on a 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 of Public Works based on his/her expertise may find which indicate that the Private Housing Inspector has not maintained a level of skill and/or professionalism which reflects the City's high standards. Section 21. Section 13-249 is amended to read as follows: Section 13-249. Private Inspector -Transmittal of Paper Work to City. Private Housing Inspectors shall transmit a copy of the Housing Condition Report and Work Order to the Division 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 22. Section 13-551 is amended to read as follows: Section 13-551. Division of Inspections Duties. The Health Authority as designated by the City Manager, or authorized representative, hereinafter referred to as the "Health Authority" shall at the time of the initial application for such license, immediately inspect the premises proposed to be licensed to ascertain whether or not the requirements of this ordinance have been met with respect to such premises and, if so, shall endorse approval upon the application form submitted by the applicant for such license. No license shall be issued by the City Manager or City Clerk until such inspection has been made and approval by the Health Authority endorsed upon the application. Section 23. Section 13-555 is amended to read as follows: Section 13-555. Reporting and Posting Thereof. At the time of making each inspection, the Health Authority shall prepare an inspection report. The Health Authority shall post each inspection report upon an inside wall of the Training School, not in a public area if this is physically possible, and such inspection report shall not be defaced or removed by any person except the Health Authority. The posting of the inspection report upon the inside wall 8 1 J 1 1 of such Training School shall constitute service of an official notification of the inspection by the Health Authority. The Health Authority may, in lieu of posting such report, deliver it to the licensee or the authorized agent. Another copy of the inspection report shall be filed with the records of the Division of Inspections. Section 24. Section 13-705 is hereby amended to read: Section 13-705. Application for Permit. Application for permits shall be made upon forms provided by the Division Head of Inspections, and shall state or have attached thereto, the following information: Section 25. Section 13-705 (9) is amended to read as follows: (9) Such other information as the Division Head of Inspections shall require to show full compliance with this and all other laws and ordinances of the City. The Division Head of Inspections may waive items (4) and (5) above. Section 26. Section 13-706 is amended to 'read as follows: Section 13-706. Illuminated Signs. Approval by Electrical Inspector. The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same complies with the electrical code of the building ordinances of the City of St. Louis Park, and he shall approve said permit if the said plans and specifications comply with said code, or disapprove the application if non-compliance with said code is found. This said action of the Electrical Inspector shall be taken prior to submission of the application to the Division Head of Inspections for final approval or disapproval of the permit. Section 27. Section 13-707 is amended to read as follows: Section 13-707. Permit Issued if Application in Order. It shall be the duty of the Division Head of Inspections, upon the filing of an application for a permit to examine such plans and specifications and other data, and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed structure is in compliance with all the requirements of the sign ordinance, and all other law and ordinances of the City of St. Louis Park, he shall then issue the permit. If the work authorized under a permit has not been completed within six months after the date of issuance, the said permit shall become null and void. Section 28. Section 13-709 is hereby amended to read: Section 13-709. Annual Inspection Program and Fees. The Division Head of Inspections shall inspect annually, or at such times he deems necessary, each billboard structure regulated by the Ordinance Code for the purpose of ascertaining whether the same is secure or insecure and whether it is in need of repair or removal and whether the surrounding site is properly maintained; and that it is in compliance with all City code requirements. To meet the expense of such inspection, the permittee therefor shall pay to the City Treasurer the sum of $115. Section 29. Section 13-714 is amended to read as follows: Section 13-714. Removal of Certain Signs. Any abandoned sign shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or premises upon which such sign may be found within ten (10) days after written notification from the Division Head of Inspections, and upon failure to comply with such notice within the time specified therein, the Division Head of Inspections is authorized to cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the building or premises to which such sign is attached. Section 30. Section 13-805 is amended to read as follows: Section 13-805. Inspections Outside the Corporate Limits of the City of St. Louis Park. The Health Authority may inspect food establishments situated outside the corporate limits of the City of St. Louis Park which sell or offer for sale, or distribute any food to persons licensed under this ordinance by the City of St. Louis Park. The fees for such inspections shall be equal to the total of the actual cost of salary paid the Health Authority by the City of St. Louis Park for the number of hours necessarily spent in each such inspection, and the cost of transportation incurred or expended by the Health Authority for mileage at the rate of 22 cents per mile actually traveled from the City Hall or last place of inspection, whichever is less, and returning to the Division of Inspections at the St. Louis Park City Hall. The City Health Authority shall report cost of such inspections to the Director of Finance who shall render statements for such inspection costs to the licensee who obtains food from such source outside the City limits and the licensee shall within ten days pay the amount claimed in the statement to the City of St. Louis Park. Such inspections shall not be made unless authorized by the City Manager. In lieu of making inspections beyond the corporate limits of St. Louis Park, the Health Authority may accept the reports of other governmental food and inspection agencies. Section 31. Section 13-847 (1.) is amended to read as follows: Section 13-847. Construction Plan and Equipment Review and Approval. 1. All persons who hereafter construct, remodel, alter or convert buildings or facilities for use as food establishments or change or alter food equipment in any existing food establishment shall conform and comply in their construction, erection or alteration with the requirements of this ordinance. Two copies of plans and specifications for such construction, remodeling or alteration which shall show the layout and arrangement of equipment, including, but not limited to, plumbing, mechanical and electrical details, the construction and finish materials of the food establishment, the equipment manufacturer's specification sheets providing model, size and type of the equipment, shall be filed by the owner of other person with the Health Authority. The Division of Inspections shall not issue a construction permit for a new food establishment or the alteration of an establishment until such permit has been approved by the Health Authority. 10 1 1 1 Section 32. Section 13-934 is amended to read as follows: Section 13-934. Regulations. All containers, bottles and devices in which softdrinks are kept and maintained for sale and,in which sold shall be kept in a clean and sanitary condition and shall be subject to inspection at all times by the Division of Inspections. Section 33. Section 13-1032 (6) is amended to read as follows: Section 13-1032. Container Location. (6) No person shall locate a container within St. Louis Park without first receiving the approval on the site location from the Division Head of Inspections. The Division Head shall consider the compatibility with adjacent property, distance to combustible material, frequency of pickup, and the requirements of this ordinance in his review. Section 34. Section 13-1346 is amended to read as follows: Section 13-1346. Disposal of Unsold Trees. All unsold trees described in Section 13-1340 hereof shall be removed from the licensed premises by the licensee and shall not be permitted to remain on the premises after December 28th of any year. No person shall burn any such trees within the City. To insure compliance with this section, the application described in Section 13- 1341 hereof shall be accompanied by a $100 cash deposit which shall be held by the City Treasurer until released as hereinafter provided. On December 29th, or as soon as possible thereafter, the Division Head of Inspections shall dispose of any trees remaining on the licensed premises and shall certify the amount of such cost to the City Clerk and the City Clerk shall deduct the cost of such disposal from the deposit amount and the balance, if any, shall be refunded by mail to the licensee. Section 35. Section 14-201 (12) is amended to read as follows: Section 14-201. Compliance with Regulations. (12) Nothing herein contained shall require any change in the plans, construction, size or designated use of a building, or part thereof, for which a building permit has been granted or for which plans were on file with the Division Head of Inspections before the effective date of this ordinance or an amendment thereof, and the construction of which from such plans shall have been started within ninety (90) days of the effective date of this ordinance. If any of these requirements have not been fulfilled within the time specified herein, or if the building operations are voluntarily discontinued for a period of ninety (90) days, any further construction shall be in conformity with the provisions of this ordinance. 11 Section 36. Section 14-202 is amended to read as follows: Section 14-202. Enforcing Officer - The Division Head of Inspections is hereby designated the Zoning Administrator and shall enforce this ordinance under the direction and control of the Director of Public Works. Section 37. Section 14-207 is amended to read as follows: Section 14-207. Certificates of Occupancy for Non -Conforming Uses. Upon application, a Certificate of Occupancy shall be issued for all lawful non- conforming uses of land or buildings created by adoption of this ordinance, or in existence at the effective date of this ordinance. Application for such Certificate of Occupancy for a non -conforming use shall be filed with the Zoning Administrator by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this ordinance. It shall be the duty of the Zoning Administrator to issue a Certificate of Occupancy for a lawful nonconforming use. Failure to apply for such Certificate of Occupancy for a nonconforming use, or refusal of the Division Head of Inspections to issue a Certificate of Occupancy for such nonconforming use shall be prima facie evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of this ordinance. Section 38. Section 15-211 is amended to read as follows: Section 15-211. Application for Permits. The applicant shall submit an application for a building permit for any work or construction as defined in the Building Code and at other times when required by the Division Head of Inspections. Section 39. Section 15-223 is amended to read as follows: Section 15-223. Preliminary Approval in Certain Cases. In the event an owner, intending to apply for a building permit, desires to use any of the materials excluded under Section 15-222 of this ordinance as exterior finish materials, such owner may present to the Division Head of Inspections' a request for preliminary approval for the use of such materials prior to the preparation of final drawings and application required by other ordinances and by Section 15-221 hereof. Such request for preliminary approval shall include such sketches and other information as may be necessary to indicate accurately the use to be made of such materials and the appearance of the exterior of such structure when completed. If such request for preliminary approval of materials is granted by the Division Head of Inspections, the sketch and other information shall be properly marked for identification and filed by him in his office and such data shall become a part of the building permit, together with the additional information required by this ordinance and by other ordinances of the City, showing compliance therewith and agreeable to such approved sketch without substantial change therefrom, the Division Head of Inspections is hereby authorized to issue a building permit therefor. 12 1 i f 1 Section 40. Section 15-224 is amended to read as follows: Section 15-224. Procedure if Preliminary Recuest for Approval or Permit Denied by Division Head of Inspections. In any instance where the Division Head of Inspections denies a permit or a request for preliminary approval hereunder, the applicant may submit a request based upon the plans and other papers on file in the office of the Division Head of Inspections for granting of said request or application to the City Council, without payment of additional filing fees of any kind. Section 41. Section 15-231 is amended to read as follows: Section 15-231. Building Permits to be Denied. It shall be the duty of the Division Head of Inspections, upon receipt of any application for permit to construct any building for residence or dwelling purposes within the corporate limits of the City, to investigate and determine whether the land on which it is proposed to be constructed is low in relation to surrounding lands so as to constitute a natural depository for surface waters; whether or not such land is drained by sanitary and storm sewers of the City; whether such area is known to contain substantial deposits of clay soil which will not properly absorb sewage and waste waters to be drained from the plumbing system provided in said build; whether underground water tables are likely to be within 8 feet or less from the surface, and likely to interfere with proper absorption of such sewage and waste from the building, or which are likely to cause the basement or foundation of said building to be unsafe, unsanitary or filled with water from time to time; whether the necessary filling and grading of the lot where such building is to be constructed in connection with the construction thereof, will cause surface water naturally flowing on said land to be diverted, backed up or otherwise cast upon public or private property in the vicinity; and whether the construction of a residence or dwelling upon the premises is likely to cause hardship or financial loss to any person purchasing or using the same, and whether the construction of the building is likely to create a hazard to the safety, health and welfare of the people of the City because of the impossibility of drainage of subsurface or surface waters therefrom; and impossibility of disposal within the soil surrounding such residence or dwelling of the sewage and waste waters therefrom. If the Division Head of Inspections shall_ determine that any of the foregoing conditions exist, the Division Head shall, before issuing any permit for construction of any building upon said premises, report the results of an investigation and determination to the City Clerk. The City Clerk shall thereupon notify, in writing, the applicant for such permit that the application has been referred to the City Council for consideration at its next regular meeting to be held within 10 days thereafter, the date of which meeting shall be specified in the notice. At such meeting, the City Clerk shall report said investigation and determination of the Division Head of Inspections to the Council, and the Council shall hear the applicant, if the applicant so desires, and may adjourn consideration and hearing for such reasonable time as it determines proper. If the City Council shall determine by resolution after investigation that any one or more of the following factors exist, or will result if the building permit is granted, the Council may be such resolution direct the Division Head of Inspections to deny such building permit, and thereafter no such permit shall be granted, provided that, application for building permit on said premises may be renewed, and 13 permit granted, after construction of sanitary or storm sewers in the area, or upon determination by the City Council that the factors upon which the denial of the permit was based have been altered, and the reasons for the denial of the permit have been removed. Section 42. Section 15-241.101 is amended as follows: Section 15-241.101. Bond and Insurance - Water Softener Installers. Water softener installers shall file a copy of their State bond and insurance with the Division of Inspections. Section 43. Section 15-242.103 is amended as follows: Section 15-242.103. Revision of Contract Price or Estimated Cost. The contract price or estimated cost shall be subject to review by the Division of Inspections. If the contract price or estimated cost is not deemed to reflect the true cost of the work to be done, it shall be revised and the applicant shall pay the permit fee based upon such revision. If the actual cost of the work done exceeds the estimated cost, the permittee shall report the actual cost of the work to the Division of Inspections, and the permit fee for that work shall be revised. The permittee shall then pay any additional fee computed on the basis of the actual cost of the work done. Section 44. Section 15-253.105 is amended to read as follows: Section 15-253.105. Revision of Contract Price or Estimated Cost. The contract price or estimated cost shall be subject to review by the Division of Inspections. If the contract price or estimated cost is not deemed to reflect the true cost of the work to be done, it shall be revised and the applicant shall pay the permit fee based upon such revision. If the actual cost of the work exceeds the estimated cost the permittee shall report the actual cost of the work to the Division of Inspections and the permit fee for that work shall be revised. The permittee shall then pay any additional fee computed on the basis of the actual cost of the work done. Section 45. Section 15-254 is amended to read as follows: Section 15-254. Inspections. Upon the completion of permitted work requiring inspection, the heating, air conditioning, refrigeration, storage tank and related equipment, gas burning device or piping permit holder contractor shall immediately notify the Division of Inspections that the work is ready for inspection. No portion of any mechanical system intended to be concealed shall be concealed until inspected and approved. It shall be the duty of the person requesting inspections by this code to provide access to and means for proper inspection of such work. When the installation of a mechanical system is complete, an additional and final inspection shall be made. Section 46. Section 15-262.103 is amended to read as follows: Section 15-262.103. Revision of Contract Price or Estimated Cost. The contract price or estimated cost shall be subject to review by the Division of Inspections. If the contract price or estimated cost is not deemed to reflect the true cost of the work to be done, it shall be revised and the applicant shall pay the permit fee based upon such revision. If the actual cost of the 14 ip so work done exceeds the estimated cost the permittee shall report the actual cost of the work to the Division of Inspections and the permit fee for that work shall be revised. The permittee shall then pay any additional fee computed on the basis of the actual cost of the work done. Section 47. Section 15-263 is amended to read as follows: Section 15-263. Inspections. The electrical contractor or other designated person shall immediately notify the Division of Inspections to review the work for which a permit has been issued whether it is prior to enclosing the work, upon completion, or at other such times as may be required to inspect the electrical work. Section 48. Section 15-264 is amended to read as follows: Section 15-264. Fees, Double, When. Should any person, co -partnership or corporation begin work of any kind such as herein set forth, or for which a permit from the Division Head of Inspections is required by ordinance, without having secured the necessary permit therefor from the Division Head of Inspections either previous to or during the'day of commencement of any such work, or on the next succeeding business day where such work is commenced on a Saturday, Sunday or on a holiday, they shall, when subsequently securing such permit, be required to pay an additional inspection fee equal in amount to the required permit fee. Section 49. Section 15-310 is amended to read as follows: 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 a part of the St. Louis Park Ordinance Code. Building Official, Health Official. Building Official shall be defined as the Supervisor of Inspections or other person designated as Building Official. Health Official shall be defined as the Division Head of Inspections or other person designated as Health Official. Section 50. Section 15-311 is amended to read as follows: Section 15-311. Appeals. Whenever the Division Head of Inspections shall take action which is disputed, or when. it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongfully interpreted, the aggrieved party may appeal the decision of the Division Head of Inspections to the Building Construction Codes Advisory Commission for its recommendation within 30 days from the date of the decision of the Division Head of Inspections and to the City Council for final decision. 15 Section 51. Section 15-320 is amended to read as follows: Section 15-320. ' (1) Authority. The Division Head of Inspections is hereby authorized and directed to enforce all the provision of this Code. (2) Right of Entry. Upon presentation of proper credentials the Division Head of Inspections or duly authorized representatives may enter at reasonable times any building,_structure, or premises in the City to perform any duty imposed by this Code. Section 52. Section 15-332(3),(4)(a) and (4)(b) are amended to read as follows: Section 15-332. Issuance of Certificate of Housing Maintenance Compliance ("Certificate"). (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 Division Head of Inspections. The approval of the Division Head 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 or on 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. Louis Park 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. 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 Division of Inspections on or before the correction date or extension thereof as provide herein, that the work has been completed and is ready for re -inspection. 16 1 i 1 ID Failure to notify the Division 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. (4) (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 Division Head 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 Division Head. (4) (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 on 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 Division Head with proof the required funds have been escrowed. Section 53 Section 15-347 is amended to read as follows: Section 15-347. 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 Division. Section 54. Section 15-348 is amended to read as follows: Section 15-348. Schedule of Fees. At the time of application for the license or for license renewal required by this Section, the City shall collect the appropriate license fee and inspection fee in accordance with the following schedule. The calculation of the fees for any number of buildings using the below -listed schedule shall be based on one or more abutting buildings on a single, contiguous tract or land or on one or more abutting tracts of land. Multi -Family Apartment Dwelling Units: LICENSE FEE 1 or 2 buildings $ 35 3 to 9 buildings 70 10+ buildings 140 Plus INSPECTION FEE 3 to 5 units 6 to 10 units 11 to 20 units 21 to 40 units 41 to 100 units 101 to 200 units 200+ units $ 7.00 per unit 6.50 per unit 6.00 per unit 5.50 per unit 5.00 per unit 4.00 per unit 3.50 per unit 17 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 10 -percent 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 of Public Works 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 of Public Works shall review the fee schedule annually and recommend appropriate changes to the City Council. If the application is made after July 1 of the even - numbered years, the fee shall be 50 percent of the fee otherwise due. Section 55. Section 15-402 (11) is amended as follows: Section 15-402. Hazardous Building Defined. Any building or structure which has any or all of the following defects shall be deemed a hazardous building: (11) Those buildings which have been only partially completed and which because of their incomplete condition are unfit for the uses for which they were designed and intended; provided such buildings or structures have been left in such uncompleted condition for more than one year, and the owner thereof has failed during such time to renew his building permit or furnish the Director of Public Works with information upon which the Director or the City Council may determine that such building or structure will be completed within a reasonable time thereafter; any such building or structure shall be deemed an abandoned building or structure and a hazardous building within the terms of this ordinance if such building is constructed of inflammable materials and is sufficiently close to adjacent buildings to constitute a fire hazard; if such building or structure is left open so it may be frequented by children or by persons with criminal intentions; if any portion of the building is liable to deterioration so as to be dangerous to the public or to adjacent property; or if the condition of the building is such as to be seriously detrimental to values of property in the vicinity. The terms "building" and "structure" as used herein shall be defined as defined in Section 15-400 of the St. Louis Park Municipal Code and each shall include underground structures, including wells, cisterns, cesspools, basements, and foundations, whether or not there is any structure or building thereon. Section 56. Section 15-405 (7) is amended as follows: Section 15-405. Duties of Director of Public Works. The Director of Public Works shall: (7) Place a notice on all hazardous buildings reading as follows: "This building has been found to be a hazardous building by the Director of Public Works. This notice is to remain on this 18 r building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building. It is unlawful to remove this notice until such notice is complied with." Section 57. Section 15-406 (3) is amended to read as follows: Section 15-406. Duties of City Council. The City Council shall: (3) Hold a hearing and hear such testimony and argument as the Director of Public Works or the owner, occupant, mortgagee, lessee or any other person having an interest in said building shall offer relative to the hazardous building. Section 58. Section 15-408 is amended to read as follows: Section 15-408. Emergency cases. In cases where it reasonably appears that there is immediate danger to life or safety of any person unless a hazardous building as defined herein is immediately repaired, vacated or demolished, the Director of Public Works shall report such facts to the City Council and the City Council shall cause the immediate repair, vacation or demolition of such hazardous building. If the City Manager, or a designee, believes that immediate action is necessary prior to a meeting of the City Council, access to any area which poses an immediate hazard to the public health, safety or welfare may be ordered closed. The City Council shall convene at the earliest possible date to receive a report from the City Manager or the designee on the actions taken to protect the public from the immediate hazard. The City Council shall, at that time, make a final decision on the immediate repair, vacation or demolition of such hazardous building shall be collected in the same manner provided in Section 15-406(6) hereof. Section 59. Section 15-411 is amended to read as follows: Section 15-411. Duties of the Fire Department. The Chief of the Fire Department shall make a report in writing to the Director of Public Works of all buildings or structures which are, may be, or are suspected to be hazardous buildings within the terms of this ordinance. Such reports must be delivered to the Director of Public Works within 24 hours of the discovery of such buildings by an employee of the Fire Department. Section 60. Section 15-501 is amended to read as follows: 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 Division Head of Inspections 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 I-394. 19 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 Division Head of Inspections shall regulate the condition of the building to be 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. Section 61. Section 15-502 is amended to read as follows: Section 15-502. Application. A person seeking issuance of permits hereunder shall file applications for such permits with the Road Authority and the Division Head of Inspections. (1) Form. Applications shall be made in writing, upon forms provided by the Road Authority and the Division Head of Inspections and shall be filed in their respective offices and shall contain such information as the Road Authority and the Division Head of Inspections shall find necessary for a determination of whether such permits should be issued. Section 62. Section 15-503, (1), (2), and (3) are amended to read as follows: Section 15-503. Duties of Division Head of Inspections. (1) Inspection. The Division Head of Inspections 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 Division Head of Inspections shall refuse to issue a permit upon finding: (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 Division Head of Inspections to issue a specific permit or permits. Section 63. Severability. If 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 64. Penalty. Any person violating the provisions this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Section 2-203 of the St. Louis Park Municipal Code. 20 1 J P Section 65. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council May 4, 1992 4,.)14t,,,,4A- Mayor Attest: City Cler 1444444frj Reviewed for administration: Approved as to form and execution: 1 Az e, la /((/h 4gttd- City Manager City Attorney C04/Ord3 uo 1 21 Minnesota Sun Publications AFFIDAVIT OF PUBLICATION �/ OE OF MINNESOTA) COUNTY OF HENNEPIN) ss L.J. CanninE , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as S t . Louis Park Sun -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 pnnted Ordinance No. 1885-92 which is attached was cut from the columns of said newspaper, and was pnnted and published once each week, for one successive weeks; 1t was first published on Wednesday , the 13 day May and including , 19 92 , and was thereafter pnnted and published on every to , the day of , 19 ; and pnnted 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 abcdetgtuuklmnopgtstuvwxyz BY: TITLE: Cie era I- Manager (Official Publication> ORDINANCE NO 1885-92 Acknowledged before me on this AN ORDINANCE CHANGING THE ST LOUIS PARK MUNICIPAL CODE RELATING TO THE INCORPORATION OF THE DEPARTMENT OF INSPECTIONS INTO THE DEPARTMENT OF PUBLIC WORKS AS THE DIVISION OF INSPECTIONS BY AMENDING SECTIONS 1-102, 1-205. 1-501, 11-103. U-114, 11-115, 11-116, 11-209, 11-217, 11-218, 11.222, 11-521. 13-212, 13-222. 13-245, 13-246, 13-248, 13-249, 13-551, 13-555, 13-705, 13-706, 13-707, 13-709, 13.714, 13-805, 13-847. 13-934, 13-1032, 13-1346, 14-201, 14-202, 14-207. 15-211, 15-223, 15-224. 15-231, 15-241, 15-242, 15-253, 15-254, 15-262, 15-263, 15-264 15-310, 15-311, 15.320, 15-332, 15-347, 15448, 15-402, 15-405, 15-406, 15-408, 15-411, 15-501. 15-502, and 15-503 AND DELETING SECTION 1-204 Summary. This ordinance revises existing City Code sections to incorporate the Division of In- spections as a division of the Public Works Department, under the direction of the Director of Public Works It assigns a propnate duties to the Director of Public Works, Division Head and Suhazard- ous budding csor of onditions and Lcensing of multiple-faions such as noise mirly complexes are asate signed cot tithe Director of Public Works Effective Date This ordinance will take effect May 28, 1992 Adopted by the City Council on May 4, 1992 _(The full text of this ordinance is available with the City Clem (1) Lowest classified rate paid by commercial users $ 1.30 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 95.94 per line 13 day of May U ,19 92 MEMO L M HEDBLOM NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 7.2-92 RATE INFORMATION (3) Rate actually charged for the above matter (Line, word, or Inch rate) $ 67• per Zine (Line, word, or Inch rate) /s/ LYLE W HANKS Mayor