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HomeMy WebLinkAbout94-2007 - ADMIN Ordinance - City Council - 1994/10/03r 1 1 ORDINANCE NO. 9 4- 2 0 0 7 AN ORDINANCE RELATING TO THE CREATION OF THE DEPARTMENT OF INSPECTIONS; ABOLISHING THE DIVISION OF INSPECTIONS WITHIN THE DEPARTMENT OF PUBLIC WORKS; MAKING CLARIFICATIONS AND CONFORMING CHANGES; ADDING A NEW SECTION 1-204; AMENDING SECTIONS 1-102, 1-205, 1-412, 1-501, 11-103, 11-114, 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, 13-1708, 14:8-7.2, 15-101, 15-102, 15-211, 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15-408, 15-411, 15-412, 15-500, 15-501, 15-502, and 15-503; AND DELETING SECTIONS 15-220 THROUGH 15-225 RELATING TO OUTDATED BUILDING PERMIT PROCEDURES THE CITY OF ST.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, offices and heads thereof and said departments, divisions, offices and positions are hereby established: (only the department and position listed is being added) Department of Inspections Director of Inspections Section 2. Section 1-204 is added to read as follows: Section 1-204. Department of Inspections. The Department of Inspections shall be administered by the Director of Inspections. (1) Duties of the Director of Inspections. The Director of Inspections shall be responsible to the City Manager for the administration and enforcement of State laws and City ordinances relating to health, safety and sanitation, housing, building construction, zoning and building codes, and other duties as may be assigned. Section 3. Section 1-205 (1) is amended to read: (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; and operation of facilities and equipment within the City. Section 4. Section 1-205(2)(g) is hereby deleted. Section 5. Section 1-412 is amended to read as follows: Section 1-412. Appointees. Duties The Board of Health may employ administrators, officers, employees and agents as necessary to carry out the duties of the Board of Health. The Board of Health may also appoint a Health Authority who, along with the Health Authority's deputies, shall be empowered to enforce the health regulations of the City, the rules of the Minnesota Board of Health and other State Laws governing community health services. The Director of the Department of Inspections is appointed to be the Health Authority Section 6. 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 Officer, Director 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 7. Section 11-103 (17) is amended to read as follows: Section 11-103. Nuisances Affecting 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 Director of Inspections. Section 8. Section 11-114 is amended to read as follows: Section 11-114. Health or Building Official. The Director of Inspections, or other authorized designee shall be the Health Official and the Inspections Supervisor shall be the Building Official ("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 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 Department of Inspections. The Department 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 Department of Inspections 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 Department of Inspections, 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 he may appeal the same as elsewhere herein provided. 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 Department of Inspections. Section 13. Section 11-521(A)(1) is hereby amended to read: Section 11-521. Thmporary Noise Permit. A. Noise Pollution Source with Specific Location. (1) A person may make application to the Director of Inspections 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 period for which the temporary noise permit is requested. Section 14. Section 11-521(A)(3) and (4) are hereby amended to read as follows: (3) Any temporary noise permit granted by the Director of Inspections 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 or other authorized designee. (4) In the event that the temporary noise permit application is for 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 Inspections 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 that 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 Department of Inspections or other designated place. The notice shall invite any pertinent objection to be made to the Director or other authorized designee within a waiting period of seven days after the filing of the affidavit or mailing or posting. Section 15. Section 11-521(A)(5)(d) is hereby amended to read as follows: (5) (d) No other reasonable alternative is available to the applicant. In granting a temporary noise permit, the Director of Inspections or other authorized designee shall prescribe any conditions, requirements, or restrictions reasonably necessary to minimize adverse effects upon the community or surrounding neighborhood. Section 16. Section 11-521(A)(6) is amended to read as follows: (6) (a) If no objection 'is brought to the notice of the Director of Inspections or other authorized designee within the waiting period, the Director 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 Inspections 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 Inspections 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. Section 17. Section 11-521(B)(1) is amended to read as follows: B. Mobile Noise Pollution Sources. (1) A person may make application to the Director of Inspections 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 or other authorized designee shall submit such application to the City Manager for consideration upon its receipt. Section 18. Section 13-212.101 is amended to read as follows: Section 13-212.101. Types of Certificates of Competence. Master Class A Gas Fitter Class B Gas Fitter Journeyman Gas Fitter 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 Director of Inspections or the Director's authorized representatives. The Director 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 Director may require reexamination at five-year intervals, notwithstanding the fact that the individual holds a valid Certificate of Competence from another jurisdiction. Section 19. Section 13-222 amended to read as follows: Section 13-222. Qualifications of Applicants. Each person, firm or corporation 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 Director of Inspections or by a person so designated by the Director. 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 20. 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 Director of Inspections or the Director's authorized representatives. The Director 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 Director may require reexamination at 5 -year intervals, notwithstanding the fact that the individual holds a valid Certificate from another jurisdiction. Section 21. Section 13-245 is amended to read as follows: 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 order; (4) failure to identify code violations on checklist and/or work order; (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 22. Section 13-246(a) is amended to read as follows: 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. Section 23. Section 13-246(c) is amended to read as follows: (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. Section 24. Section 13-248 is amended to read as follows: $ection 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 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 shall have the authority to determine whether the applicant qualifies under the requirements of this section. Section 25. Section 13-248.101 is amended to read as follows: Section 13-248.101. Private Housing Inspector Performance Monitoring. The Director of Inspections 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'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 Inspections 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 26. 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 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 27. Section 13-551 is amended to read as follows: Section 13-551. Department of Inspections Duties. The Health Authority as designated by Section 1-412 of the Ordinance Code , 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 28. 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 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 Department of Inspections. Section 29. The title "Division Head of Inspections" shall be changed to "Director of Inspections" in Section 13-705 as follows: Section 13-705. Application for Permit. Application for permits shall be made upon forms provided by the Director of Inspections, and shall state or have attached thereto, the following information: Section 30. Section 13-705 (9) is amended to read as follows: (9) Such other information as the Director of Inspections shall require to show full compliance with this and all other laws and ordinances of the City. The Director may waive items (4) and (5) above. Section 31. 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 winng 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 Director of Inspections for final approval or disapproval of the permit. Section 32. 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 Director 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 laws 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 33. Section 13-709 is hereby amended to read: Section 13-709. Annual Inspection Program and Fees. The Director 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 34. 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 Director of Inspections, and upon failure to comply with such notice within the time specified therein, the Director 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 35. 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 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 36. 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 or other person with the Health Authority. The Department 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. Section 37. Section 13-934 is amended to read as follows: Section 13-934. Regulations. All containers, bottles and devices in which soft drinks 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 Department of Inspections. Section 38. 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 approval on the site location from the Director of Inspections. The Director shall consider the compatibility with adjacent property, distance to combustible material, frequency of pickup, and the requirements of this ordinance in his review. Section 39. 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 Director 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 40. Section 13:1708 is renumbered and amended to read as follows: Section 13-1708. (3) The Director of Inspections shall determine whether the engineer's inspections report satisfies the intent of the requirements set forth in this Ordinance. Section 41. Section 14:8-7.2 is amended to read as follows: Section 14:8-7.2 Enforcing Officer The Director of Inspections is appointed the Zoning Administrator who shall enforce the Ordinance under the direction and control of the City Manager. Section 42. Section 15-101 is amended to read as follows: Section 15-101, Permits., Permits are required for any work or construction as defined in the Minnesota State Building Code and shall be issued by the Director of Inspections upon application in writing, accompanied by plans and specifications describing the work for which permit is requested in such detail and together with such necessary information as the Director may require. Section 43. Section 15-102 is amended to read as follows: Section 15-102. Permit Fees. Permit fees required by this chapter shall be paid to the Director of Inspections prior to issuance of permit. The Director shall, each day, remit the fees collected to the City Treasurer. In the event that any person shall commence any work for which a permit is required by any provision of this chapter, without having first paid the required permit fee, an additional investigation fee may be charged in an amount equal to the application fee originally required. Section 44. 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 Director of Inspections. Plans and specifications, unless expressly excluded by this Building Code, shall be submitted as outlined in the UBC. Section 45. Sections 15-220 through 15-225 are hereby deleted. Section 46. Section 15-231 is amended to read as follows: Section 15-231. Building Permits to be Denied. It shall be the duty of the Director 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 Director of Inspections shall determine that any of the foregoing conditions exist, the Director shall, before issuing any permit for construction of any building upon said premises, report the results of the Director's investigation and determination in writing to the applicant and shall notify the applicant in writing 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 Director shall report said investigation and determination 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 by such resolution direct the Director 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 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: (1) The land upon which the proposed building is to be erected is low in relation to surrounding lands so as to constitute a natural depository for surface waters, or the soil of said land is known to contain substantial deposits of clay, or underground water, so near the surface of the ground, as to interfere with the drainage of sewage and waste waters from the building by known methods of soils absorption, and there are no sanitary or storm sewers in the vicinity which will provide drainage for the surface waters, or sewage waste waters, from said premises, or (2) The grading, or filling, of the premises necessary in order to make use of the building proposed to be erected will cause diversion or backing up of the surface waters onto adjoining public or private property under such circumstances as would constitute a cause of action in favor of the City or owner of such property for injunctive relief of damages, or (3) The construction of the proposed building will result in hardship, financial loss or fraud to persons purchasing or occupying the building proposed to be constructed, or will create hazards to health, safety and welfare of the people of the City of St. Louis Park because of the impossibility of properly disposing of sewage and domestic waters from said building by cesspools or other soil absorption systems, or will make necessary the construction by the City of sanitary or storm sewers which the City Council does not consider necessary or justified for improvement of the general area at that time. Section 47. 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 Department of Inspections. Section 48. 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 Department 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 r 1 work to the Department, 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 49. 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 Department 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 Department 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 50. 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 Department 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 51. 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 Department 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 Department 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 52. Section 15-263 is amended to read as follows: Section 15-263, Inspections. The electrical contractor or other designated person shall immediately notify the Department 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 53. 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 Director of Inspections is required by ordinance, without having secured the necessary permit therefor from the Director 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 54. Section 15-310 is amended to define the terms "Building Official" and "Health Official" as follows: (no other definitions in this section are amended) 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 Director of Inspections or other person designated as Health Official. Section 55. Section 15-311 is amended to read as follows: Section 15-311. Appeals. Whenever the Director 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 from the decision of the Director to the Building Construction Codes Advisory Commission for its recommendation within 30 days from the date of the decision of the Director and to the City Council for final decision. Section 56. Section 15-320 is amended to read as follows: Section 15-320. (1) Authority. The Director 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 Director of Inspections or the Director's duly authorized representatives may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the Director by this Code. Section 57. 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 C'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 Director of Inspections. The approval of the Director 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. 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 ortother 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 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 Director 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. (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 Director with proof the required funds have been escrowed. Section 58. 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 Department of Inspections. Section 59. 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 of land or on one or more abutting tracts of land. Multi -Family Apartment Dwelling Units: LICENSE FEE 1 or 2 buildings 3 to 9 buildings 10+ buildings 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 $ 35 $ 70 $ 140 $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 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 Inspections 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 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 60. Section 15-402 (11) is amended as follows: Section 15-402. Hazardous Building Defined. (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 Inspections 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 61. The title "Director of Public Works" shall be changed to "Director of Inspections" in Section 15-405 as follows: (no other portion of Section 15-405 is being amended by this Section) Section 15-405. Duties of Director of Inspections. The Director of Inspections shall: Section 62. Section 15-405(7) is amended to read: (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 Inspections. This notice is to remain on this 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 63. Section 15-406 (3) is amended to read as follows: Section 15-406. Duties of City Council. (3) Hold a hearing and hear such testimony and argument as the Director of Inspections or the owner, occupant, mortgagee, lessee or any other person having an interest in said building shall offer relative to the hazardous building. Section 64. 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 Inspections 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 designate, 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 65. 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 Inspections 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 within 24 hours of the discovery of such buildings by an employee of the Fire Department. Section 66. Section 15-412 is amended to read as follows: Section 15-412. Duties of the Police Department. The Chief of the Police Department shall make a report in writing to the Director of Inspections of any 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 within 24 hours of the discovery of such buildings by any employee of the Police Department. Section 67. Section 15-500 (2) is amended to read as follows: Section 15-500. Definitions. For the purpose of Sections 15-500 to 15-507 the following terms, phrases, words, and their derivations shall have the meaning given herein. (2) "Director of Inspections" is the Director of Inspections of the City of St. Louis Park. Section 68. 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 Director 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. Said permit from the Road Authority shall regulate the hours, routing, movement, parking and speed limit for any persons moving any building or buildings in the City. The permit from the Director of 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 69. The title "Division Head of Inspections" is changed to "Director of Inspections" in Section 15-502 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 Director of Inspections. Section 70. Section 15-502 (1) is amended to read as follows: (1) Form. Applications shall be made in writing, upon forms provided by the Road Authority and the Director of Inspections and shall be filed in their respective offices and shall contain such information as the Road Authority and the Director of Inspections shall find necessary for a determination of whether such permits should be issued. Section 71. The title "Division Head of Inspections" is changed to "Director of Inspections" in Section 15-503 to read as follows: Section 15-503. Duties of Director of Inspections. Section 72. Section 15-503 (1) is amended to read as follows: (1) Inspection. The Director of Inspections shall inspect the building and the applicant's equipment to determine whether the following standards for issuance of a permit are met. Section 73. The title "Division Head of Inspections" is changed to "Director of Inspections" in Section 15-503 (2) to read as follows: (2) Standards for Issuance. The Director of Inspections shall refuse to issue a permit upon finding: Section 74. Section 15-503 (3)(a) is amended to read as follows: (3) Fees. (a) No Return upon Non -Issuance. Permit fees filed with the application shall not be returned to the applicant upon refusal by the Road Authority or the Director of Inspections to issue a specific permit or permits. Section 75. 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 76. Penal y. Any person violating the provisions of 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. Section 77. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council October 3, 1994 Revieor administration: `i anager 7- (I/ /t/i-i Approved as to form and execution: City Attorney • STATE OF MINNESOTA) hidSUN A PUBLICATIONS Sun -Current S rrPoet Sum-Seunr 0 AFFIDAVIT OF PUBLICATION ss COUNTY OF HENNEPIN) Donald W. T h u r l o w , being duly sworn on an oath says that he/she is the publisher or authonzed agent and employee of the publisher of the newspaper known as Sun -Sail ors ,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. 94-2007 which is attached was cut from the columns of said newspaper, and was pnnted and dished once each week, for one successive weeks; it was first published the 12 day of Octobe r, ig 94andwas Wednesday thereafter printed and published on every 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. abcdefghiiklmnopgrst Acknowledged before me on this 12 day of October BY TITL Pub I isher Nota Public..,....,,,...-,-- "4Ei'ID=L t EDSLC t e,,7 ;'(,i .5° "UUu:, til, 'FsJ,A g. p. F� HJ' EP:N CCJN" } - f . ,c ' ^.q fP 1994 .- _w ki �owest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter RATE INFORMATION (3) Rate actually charged for the above matter $ 1 70 per line $ 1 70 per line $ 960 per line City of St. Louis Park, (Official Publication) ORDINANCE NO. 94-2007 AN ORDINANCE RELATING TO THE CREATION OF THE DEPARTMENT OF INSPECTIONS; ABOLISHING THE DIVISION OF INSPECTIONS WITHIN THE DEPARTMENT OF PUBLIC WORKS; MAKING CLARIFICATIONS AND CONFORMING CHANGES; ADDING A NEW SECTION 1-204; AMENDING SECTIONS 1-102,1-208,1.412,1.601,11-103,11-114,11-209, 11-217,11.218,11-222,11521,13-212,13-222,13.246, 13-248,13-248,13-249,13-681,13-668,13-706, 13-708,13-707,13-709,13-714,13-806, 13-847,13-934, 13-1032, 13-1348, 13-1708, 14:8-7.2, 15-101, 15-102, 18.211,15231,16-241,15-242,16263,15-264,16.282, 15-283,15-294,15310,15-311,15320,15332,15347, 15348,16102,15-405,15406,15-408,15411,16x112, 15.500,15.501,15-502, and 15-503; AND DELETING SECTIONS 15-220 THROUGH 15-225 RELATING TO OUTDATED BUILDING PERMIT PROCEDURES SUMMARY, This ordinance amends existing City Code sections to change Inspections from a division of the Department of Pubhc Works and create a new Department of Inspections, under the direction of a new Director of Inspections It transfers certain responsibihties from the Director of Public Works and assigns them to the Director of Inspections, including noise permits, pnvate housing inspections, hazardous building conditions and hcensing of multiple -family complexes Effective Data. This ordinance Shall take effect October 27, 1994 Adopted by the City Council October 3, 1994 /a/ LYLE W HANKS, Mayor (The full text of this ordinance is available for review at the office of the City Clerk (Oct 12, 1994) SLP