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HomeMy WebLinkAbout92-1897 - ADMIN Ordinance - City Council - 1992/10/05ORDINANCE NO. 92-1897 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE REQUIRING LICENSING AND INSPECTIONS OF PARKING RAMPS AND PROVIDING CERTAIN REQUIREMENTS BY AMENDING SECTION 13-119 AND BY ADDING SECTIONS 13-1700 THROUGH 13-1713. THE CITY OF ST LOUIS PARK DOES ORDAIN: Section 1 - Section 13-119 is amended and Sections 13-1700 through 13-1713 are added as follows: 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. Coverages required by civil or structural engineers engaged in parking ramp inspection shall be as designated below and in Section 13-1710. Coverages required by parking ramp owners or operators shall be as designated below and in Section 13-1711. 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 operations of the applicant. License or Permit (license/permit elements not Civil or Structural Engineer for Parking Ramp Inspection Parking Ramp Insurance Bond Required Penalty being amended not listed) Yes -Professional Liability -$1,000,000 Yes -Explosion/ Collapse $1.5 Million >100 stalls $1.0 Million <100 stalls N/A N/A N/A N/A Section 13-1700. Purpose. The purpose of this ordinance is to promote and protect the public health, safety, welfare and property of persons using parking ramp facilities by requiring the licensure and annual inspection of all parking ramps within the City of St. Louis Park. Section 13-1701. Definitions and Use of Terms. The words and phrases used in this Section have the following meaning: (1) Parking Ramp. "Parking ramp" shall mean a building or structure, or part thereof, in which a structural level other than a slab on grade is used for parking, storage, or maintenance of motor vehicles. (2) Qualified Civil or Structural Engineer. "Qualified civil or structural engineer" shall mean a person registered and licensed by the State of Minnesota as a professional engineer whose field of practice is civil or structural engineering. Section 13-1702. License Required. No person, firm, corporation or other entity shall own or operate a parking ramp without first obtaining a license from the City Manager, as provided for in this Section. Section 13-1703. Application for License; Fee Established. The applications for a parking ramp license shall be filed with the City Clerk on forms provided by the City. The application shall contain the name, business address and telephone number of the owner of the ramp; the address of the parking ramp; the number of parking spaces; the year in which the ramp was constructed; and such other information as the City may require. The application shall also state the name, address and telephone number of the person or firm which operates the parking ramp, if different from the owner. The fee for a parking ramp license shall be Fifty Dollars ($50.00). The fee, annual inspection report and engineer's affidavit must accompany the license application. Section 13-1704. License Period; Renewal. All parking ramp licenses are issued for a period of one (1) year and shall expire on December 31 of the year issued. Licenses must be renewed annually. (1) No parking ramp license shall be issued or renewed unless the owner or operator of the parking ramp has obtained the annual inspection report required by Section 13-1707 and filed the annual engineer's affidavit and report required by Section 13-1708. No parking ramp license shall be issued or renewed unless the parking ramp license fee has been paid, required insurance remains in effect, and any and all fees or penalties owed to the City have been paid. Section -13-1705. Penalty for Failure to Obtain or Renew License. The operation of a parking ramp without a valid license is in violation of Section 13-1702 and a misdemeanor as provided in Section 2-203 of the St. Louis Park Municipal Code. Should any person, firm, corporation or other entity operate a parking ramp without first having obtained a valid license as required in Section 13-1702, the person, firm, 1 1 r 1 corporation or other entity owning or operating the parking ramp shall be required to pay double the license fee provided in Section 13-1703 when subsequently securing a license. In addition to the penalty set forth in Section 2-203 and double fee stated herein, the City Manager is authorized to impose a civil penalty of Fifty Dollars ($50.00) per day for any violation of this Ordinance. Prior to the renewal of the license the owner or operator shall be required to reimburse the City for any costs incurred, including reasonable attorney's fees, in enforcing any provisions of this ordinance. Section 13-1706. General Licensing Provisions to Govern. Unless otherwise provided herein, the general licensing provisions set forth in Sections 13-101 through 13-119 shall govern all parking ramp licenses. Section 13-1707. Annual Inspection Required. All parking ramps shall be annual inspected by a qualified civil or structural engineer. No parking ramp license shall be issued or renewed without evidence that the parking ramp has been inspected and is capable of supporting loads for which it is used. Such evidence shall be in the form of an affidavit as provided in Section 13-1708. (1) All annual inspections conducted on-site by a qualified civil or structural engineer shall include destructive or equivalent tests and nondestructive tests deemed warranted by the engineer to make a determination of the structural condition of the parking ramp. (2) The annual inspection shall be performed not more than sixty (60) days prior to the application for a new license or the renewal of a license. Section 13-1708. Affidavit and Engineer's Report Required. The owner or operator of a parking ramp shall file with the initial and renewal application for a parking ramp license, an engineer's affidavit stating that the parking ramp has been inspected in accordance with Section 13- 1707 and that the engineer is a qualified civil or structural engineer. The owner or operator shall file with the engineer's affidavit a copy of the engineer's inspection report. (1) The report shall state whether any structural repairs are required, and shall indicate whether the structure is capable of supporting the loads for which it is being used; the date or dates of the on-site inspection and describe any tests performed in connection with the inspection; and any recommendations issued to the owner/operator of the parking ramp. (2) The report shall be signed by the qualified engineer who shall include a statement of professional qualifications, and shall include a certification that the report is true, accurate and complete. The Director of Public Works shall determine whether the engineer's inspection report satisfies the intent of the requirements set forth in this Ordinance. Section 13-1709. License Suspension or Revocation. (1) If the owner or operator of a parking ramp fails to file the annual engineer's affidavit and report required by Section 13- 1708, the City Manager shall, after notice and hearing, suspend the parking ramp license pursuant to St. Louis Park Municipal Code Section 13-115, as may be amended from time to time. (2) If the engineer's affidavit and report required by Section 13-1708 contain findings which indicate the parking ramp is incapable of supporting the loads for which it is used, the parking ramp license shall be revoked. (a) If a parking ramp license is revoked, the Director of Public Works shall place a notice at all vehicle entrances and in a public area of the parking ramp reading as follows: "This parking ramp has been found to be incapable of safely serving its intended use and shall remain closed to use until proper corrective action has been taken to render it safe to the public". No one shall deface or remove the posted notice. (b) When proper corrective action has been taken and an engineer's affidavit and report contain findings which indicate the parking ramp is capable of supporting the loads for which it is used, the Director of Public Works shall remove the posted notice. (3) If the City has a reasonable basis to believe the parking ramp is incapable of supporting the loads for which it is used at any time during the year for which a parking ramp license has been issued, the City may order the owner or operator to have the parking ramp inspected. (a) If the engineer's inspection report and affidavit indicates the structure is capable of supporting the loads for which it is used, the owner or operator will not be required to provide an engineer's inspection report and affidavit for the succeeding year's parking ramp licensure. (b) If the engineer's inspection report and affidavit indicate the parking ramp is incapable of supporting the loads for which it is used the City shall order the parking ramp closed and take immediate action to revoke the parking ramp license as set forth in this Section. Section 13-1710. Insurance Requirement for Civil or Structural Engineer. A qualified civil or structural engineer, as defined in this section, shall maintain professional liability insurance with an insurance company authorized to do business in the State of Minnesota in the sum of at least One Million Dollars ($1,000,000.00). Proof of such insurance coverage shall be filed with the City Clerk in the form of a Certificate of Insurance (ACCORD FORM), which shall be submitted annually with the engineer's affidavit and report, and the license renewal application. • 7 r Section 13-1711. Insurance Required for Parking Rama Operation. (1) No parking ramp license shall be issued or renewed unless the owner or operator carries liability insurance with an insurance company authorized to do business in the State of Minnesota. The liability insurance for the premises and operations of the ramp, which shall include coverage for any injury or loss caused by explosion or collapse, shall be in the sum of at least One Million Five Hundred Thousand Dollars ($1,500,000.00) if the parking ramp provides stalls for 100 or more vehicles and at least One Million Dollars ($1,000,000.00) if the parking ramp has fewer than 100 stalls. (2) A certificate of insurance evidencing the above minimum insurance coverages, shall be filed with the City Clerk at the time of making application for or renewal of the annual license. No cancellation of any insurance policy shall be valid except upon thirty (30) days prior written notice to the City. Section 13-1712. License to be Posted. Every owner or operator of a parking ramp required to obtain a parking ramp license shall post said license in a conspicuous location in the office, public area, or main collection booth of the parking ramp. In the event such license is not posted, the City Manager or authorized agent may require that all motor vehicles be removed from the parking ramp and that no further parking of vehicles be allowed until the required license has been obtained and posted. Section 13-1713. Severability. If any portion of this ordinance is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. Section 2. Effective Date. This ordinance shall take effect 15 days after its publication. (Effective Date: October 29, 1992) Adopted by the City Council 0 tober 5, 1992. a Attest: Reviewed for administration: City Manager ORD/Sect13 Approved as to form and execution: 4a& 5i) City Attorney Minnesota Sun Publications AFFIDAVIT OF PUBLICATION •ATE OF MINNESOTA) COUNTY OF HENNEPIN) ss L . J . Canning , being duly swum 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)Theprinted Ordinance No. 92-1897 which is attached was cut from the columns of said newspaper, and was pnnted and published once each week, for o n e successive weeks; it was first published on Wednesday , the 14 day October , 19 92 , and was thereafter printed and published on every to and including , 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: Acknowledged before me on this abcdefgbijklmnopqrstuvwxyz'/` BY: f' TITLE. Gene Gene ra I Manage r 14 day of October , 19 92 Public_ MERID M HEDI3LOM Notary Public Minnesota \:1��fvkf u HENNEPIN COUNTY 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 $ 130 per line (Line, word, or inch rate) $ 95.94 per line (Line, word, or inch rate) $ 674 per tine l (Line, word, or inch rate) - City of St. Louis Park (Official Publication) ORDINANCE NO 92-1897 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE REQUIRING LICENSING AND INSIECTTOrs OF PARKING RAMPS AND PROVIDING - CERTAIN REQUIREMENTS BY AMENDING' seen&19-t19 AND BY ADDING SECTIONS 13-1700 THROUGH 13-1714 SUMMARY This ordinance provides for the licensing, inspection and testing of parking ramps to determine then' structural conditio The ordinance states the Inspection shall be con- ducted by a quahfied civil or structural engineer, and it sets muumum insurance regwrements for both the engineer and the ramp. Effective Date. This ordinance shall take ef- fect 15 days after its publication Adopted by the City Council October 5, 1992 /s/ LYLE W HANKS, Mayor (The full text of this ordinance is available with the City Clerk (Oct 14, 19921 -SLP