Loading...
HomeMy WebLinkAbout2258-03 - ADMIN Ordinance - City Council - 2003/12/01• ORDINANCE NO. 2258-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHAPTER 6: ARTICLE V — PROPERTY MAINTENANCE CODE AND CHAPTER 34: SECTION 111— WEED ELIMINATION THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. Section 6-142 of the St. Louis Park Code of Ordinances is amended to read as follows: Sec. 6-142. Code adopted. The International Property Maintenance Code, 2003 edition, as published by the International Code Council is adopted as the property maintenance code of the city, for the control of buildings and structures as provided in this article; and each and all of the regulations, provisions, penalties, conditions and terms of such code are referred to, adopted and made a part of this article, as if fully set out in this section, with the additions, insertions, deletions and changes as set forth in section 6- 143. Section 2. Section 6-143 of the St. Louis Park Code of Ordinances is amended to read as follows: Sec. 6-143. Revisions. The following sections of the International Property Maintenance Code, 2003 edition, are revised as follows: III Section 101.1. Title. Amended to read: These regulations shall be known as the Property Maintenance Code of the City of St. Louis Park, hereinafter referred to as "this code." Section 102.3. Application of other codes. Amended to read: Repairs, additions or alterations to a structure or changes of occupancy shall be done in accordance with the procedures and provisions of the Minnesota State Building Code and the City of St. Louis Park Code of Ordmances. Section 102.7. Referenced codes and standards. Amended to read: All references to other codes or standards within this Code shall mean the applicable provisions of St. Louis Park Code of Ordinances or Minnesota State Building Code, whichever is the most restrictive requirement permitted under statute. Section 103.2. Appointment. Amended to read: The director of inspections shall be the code official. Section 103.5 Fees. Deleted. Section 106.3 Prosecution of violation. Amended to read: Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied'with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any expenses incurred in carrying out the enforcement of the provisions of this ordinance shall be included as an assessment for a service against the property by the City Clerk. Ordinance No. 2258-03 -2- Section 107.1 Notice to person responsible. Amended to read: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the mariner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. The code official shall also provide notice as provided in Section 108.3. Section 107.2 Form. Subsection 5. Deleted. Section 107.2 Form. Subsection 6. Deleted. Section 107.5 Transfer of ownership. Deleted. Section 108.1 General. Amended to read: When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be subject to the provisions of this code. Section 108.2 Closing of vacant structures. Amended to read: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be assessed to the real estate upon which the structure is located. Section 108.3 Notice. Amended to read: Whenever a code official has determined a structure or equipment is unsafe, a structure is unfit for human occupancy or a structure is unlawful under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the unsafe equipment. The notice shall be in the form prescribed in Section 107.2. Section 108.4 Posting. Amended to read: Upon failure of the owner or persons responsible to comply with the notice provisions within the time given, the code official shall place a posting_on the premises or on the defective equipment which shall provide a statement of the penalties for occupying the premises, operating the equipment or removing the posting. Section 108.4.1 Posting removal. Amended to read: The code official shall remove the posting whenever the defect or defects upon which the enforcement action and posting were based have been eliminated. Any person who defaces or removes a posting without the approval of the code official shall be subjected to the penalties provided by this code. Section 108.5 Prohibited occupancy. Amended to read: Any occupied structure posted by the code official shall be vacated as ordered by the code official. Any person who shall occupy a posted premises or shall operated posted equipment, and any owner or person responsible for the premises who shall let anyone occupy a posted premises or operate posted equipment, shall be liable for the penalties provided by this code. Section 108.6. Removal of placard. Deleted. • • Ordinance No. 2258-03 -3- Section 111.1. Request for appeal hearing. Amended to read: Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to an appeal hearing when requested in writing to the city. The hearing shall be held within 20 days of the city receiving a request for appeal. A request for appeal shall be based on a claim that the true intent of this code or the rules legally adopted under this code have been incorrectly interpreted, the provisions of this code do not fully apply or the requirements of this code are adequately satisfied by other means, or that strict application of any requirement of this code would cause undue hardship. Section 111.2. Hearing official. Amended to read: The city manager or his/her appointed designee shall serve as the hearing official for all appeals of this code. The hearing official shall consider all relevant evidence, documents and verbal presentations submitted during the hearing from the appeals applicant and the code official. Within ten days following the appeal hearing, the hearing official shall notify the applicant and code official m writing of the decision. Section 111.3. Limitations of authority. Amended to read: The hearing official shall have no authority to waive fire and life safety requirements under the jurisdiction of the fire chief or to approve a condition that would create a violation of the Minnesota State Building Code. Section 111.4. Stays of enforcement. Amended to read: Appeal requests, except for imminent danger orders or hazardous building notices, shall stay the enforcement of the notice and order until the hearing official has notified the applicant and code official in writing of a decision on the appeal. Section 201.3. Terms defined in other codes. Amended to read: Where terms are not defined in this code and are defined in the St. Louis Park Code of Ordinances or the Minnesota State Building Code, such terms shall have the meanings ascribed to them in those codes. Section 202 GENERAL DEFINITIONS — CONDEMN. Deleted. Section 302.4. Weeds. Amended to read: All premises and exterior property shall be maintained free from all noxious weeds or turf grass growth in excess of six inches. Section 302.8. Motor vehicles. Amended to read: Except as otherwise provided in this St. Louis Park Municipal Code of Ordinances, no junk vehicle, stock car, racing car, inoperative vehicle, or unlicensed motor vehicle shall be parked, kept or stored on any premises unless within a totally enclosed structure. No vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Spray painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception. Any vehicle is permitted to undergo major overhaul, including minor sheet metal or fiberglass panel repair and finishing, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Automotive maintenance and repair shall be limited to the owners/occupants who reside at that address. Section 304.3 Premises identification. Amended by adding: Property abutting alleys shall also have the street address posted so as to be visible from the alley. Address numbers must be placed on the building nearest the alley and meet the same requirements as for the numbers facing the primary street frontage. Ordinance No. 2258-03 -4- Section 304.3.1 Multidwelling identification. Amended by adding new section to read: All units and rooms in multidwelling buildings, including, but not limited to, homes for the aged, hotels, motels, lodginghouses and boardinghouses, apartments and condominiums shall be identified as separate units by consecutive numbering or lettering which shall be placed on the door in Arabic numerals or English capital letters, with a minimum size of three inches and a one-half- inch stroke. Section 304.7 Roofs and Drainage. Amended to read: The roof and flashing shall be maintained sound, weather -tight, and in good repair. Roofs shall not have defects or deterioration that allow precipitation to pass. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Section 304.13.1. Glazing. Amended to read: Glazing must be maintained, securely held in place, and free from holes or missing pieces. No jagged or abrasive edges are permitted. Section 304.13.2. Openable windows. Amended to read: Every window required by this code for ventilation or egress must be easily openable and capable of being held in place by window hardware. Section 304.13.3. Storm Windows Amended by adding: All openable windows with a single layer of glass, in rental dwelling units, must be provided with tightfitting storm windows. Storm windows may be temporarily removed to allow for the installation of screens during periods of wane weather. Section 304.14. Insect screens. Amended to read: When insect screens are installed over openings into any building they must be maintained in good condition, securely held in place, and free from holes or tears. Exception. Deleted. Section 304.14.1. Screens required. Amended by adding new section to read: All openable windows in rental dwelling units must be provided with tightfitting insect screens of not less than 16 mesh per inch. Insect screens may be temporarily removed to allow for the installation of storm windows during periods of cold weather. Section 304.15.1. Landings. Amended by adding new section to read: Exterior doors, other than storm doors must swing over a floor or landing of at least the width of the door opening, extending from the threshold for a distance at least equal to the door width, and must not be more than eight inches below the height of the door threshold. Section 304.18.1. Doors. Deleted. Section 305.7. Food preparation. Amended by adding new section to read: All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. Section 307.3.1. Garbage facilities. Deleted. • Ordinance No. 2258-03 -5- Section 307.4. Construction debris. Amended by adding new section to read: All debris from construction, remodeling, repair or demolition of a building shall be placed in approved dumpsters or contained to prevent scattering of any debris from the project site. Section 402.1. Habitable spaces. Amended to read: Every habitable space shall have at least one window facing directly to the outdoors or to a court. Exception Where natural light for the room or space is provided from an adjoining room through an unobstructed opening equal to at least eight percent of the floor area of the interior room or space. Section 403.1. Habitable spaces. Amended to read: Every habitable space shall have at least one openable window directly to the outdoors or to a court. Exception. When the room or space is provided with a mechanical ventilation system capable of supplying conditioned or unconditioned air to, or removing such air from any space. Section 403.2. Bathrooms and toilet rooms. Amended by adding exception to read: Exception. Bathrooms or toilet rooms that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan designed to remove odors from the air. • Section 404. Occupancy limitations Deleted entire section from 404.1 — 404.7. Section 503.3. Location of employee toilet facilities. Deleted. Section 602.2. Residential occupancies. Amended to read: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit in all habitable rooms, bathrooms and toilet rooms when the outdoor temperature is minus 20 degrees Fahrenheit or warmer. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Section 602.3. Heat supply. Amended to read: Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitory or guestroom on terms, either expressed or implied, shall furnish heat in compliance with section 602.2 to the occupants from September 1 to June 1. Exception. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. Section 602.4. Occupiable workspaces. Deleted. Section 603.2. Removal of combustion products. Amended to read: All fuel -burning equipment and appliances intended for heating shall be connected to an approved chimney or vent to the exterior of the building. Exception. Deleted. Ordinance No. 2258-03 -6- Section 603.1.1. Appliance testing Amended by adding new section to read: Central heating appliances shall be tested by a licensed mechanical contractor to verify that the appliance is in a safe working condition when evidence of malfunction, corrosion, deterioration or excessive interior carbon monoxide is suspected. Section 605.3. Lighting fixtures. Amended by adding: Lighting fixtures are not permitted within or above shelving space within closets and enclosed storage rooms. Section 702.3. Locked doors. Amended by adding exception to read: Exception. Double -keyed deadbolts are permitted in existing single-family residential dwellings, residential duplexes and individually owned townhomes. Section 702.5. Sleeping room egress. Amended by adding new section to read: Every room or space intended or used for sleeping shall have at least one openable window or door opening directly to the exterior. The opening must be of a size and location which permits egress from the room or space. Section 704.1. General. Amended to read: All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be installed and maintained in an operable condition at all times in accordance with the City Fire Code. Sections 704.2. through 704.4. Deleted. Chapter 8. Referenced standards. Amended to read: All references to other codes or standards within this code shall mean the applicable provisions of St. Louis Park Code of Ordinances or Minnesota State Building Code, whichever is the most restrictive requirement permitted under statute. Section 3. Section 34-111 of the St. Louis Park Code of Ordinances is amended to read as follows: Sec. 34-111. Weeds declared a nuisance; duty of owner. (a) Any weeds, whether noxious or not as defined by state law, or turf grass_growing at a height greater than six inches upon any privately owned lot or tract of land in the city or upon any public boulevard or similar public property alongside the traveled portion of a street or alley abutting the private property are hereby declared to be a nuisance. Turf grass is any type of vegetative grasses used for recreational or residential purposes. (b) The owner or occupant of any such property or abutting property shall prevent the nuisance, and if the nuisance occurs, the owner or occupant shall cut and remove the weeds from the property or cut the turf grass to a height of less than six inches. Section 4. Effective Date. This Ordinance shall be effective January 1, 2004 following passage and publication. Ordinance No. 2258-03 -7- PTED this 1St day of December 2003, by the City Council of the City of St. Louis Park. Re :wed f_dministration: Cit5'r r= Attest: ted by the ity Council • STATE OF MINNESOTA) ss newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A02, §331A07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Thursday, the 11 day of December , 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2003, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publicat abcd a fghij kl mno pq rst Subscribed and sworn to . : ffirmed beore me his /c"-? day of I / , 2003 the notice City of St. Louis Park (Official Pubhcation) SUMMARY ORDINANCE NO. 2258-03 AN ORDINANCE ADOPTING BY REFERENCE THE INTERNATIONAL CODE CONFERENCES 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE WITH CITY AMENDMENTS AS THE CITY PROPERTY MAINTENANCE CODE AND CLARIFICATION OF WEEDS DECLAIRED A NUISANCE, AMENDING ST. LOUIS PARK ORDINANCE CODE CHAPTERS 6 AND 34 This ordinance adopts the 2003 Edition of the Interna- tional Code Conferences International Property Code with revised amendments as the Property Maintenance Code for the City This will update the code from the 2000 edition The code provides minimum building, plumbing, mechanical, electrical and health maintenance require- ments for all buildings and property within the City The code is also utilized during vanouis programs for rental housing, property sale inspections and general building upkeep Amendments to Chapter 34, Section 111 regarding Weed Ehmination are intended to clarify turf grass and remain consistent with requirements in Chapter 6 This ordinance shall take effect January 1, 2004 Adopted by the City Council December 1, 2003 /s/3 fseffrey W Jacobs Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk (December 11, 2003)A-31011132258-03 BY CFO Nota MERIDEL M. HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 141,2005 O RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2 85 per line $ 6 20 per line $ 1 40 per line STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Sailor , and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A 02, §331A 07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Thursday, the 11 day of December 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2003, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publi tion -o abed efghtiklmnopgryCuvwxyz Subscribed and sworn to affirmed frfore me on thisd6 day of .k 1 2003 Not k 1(tu BY notice CFO (&„,„,z) MERIDEL M. HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.314005 VWWWW.APigwevvinwAvvwdvve RATE INFORMATION (1) Lowest classified rate paid by commercial users $ for comparable space (2) Maximum rate allowed by law $ (3) Rate actually charged $ 2 85 per line 6 20 per line 1 40 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 2258-03 AN ORDINANCE ADOPTING BY REFERENCE THE INTERNATIONAL CODE CONFERENCES 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE WITH CITY AMENDMENTS AS THE CITY PROPERTY MAINTENANCE CODE AND CLARIFICATION OF WEEDS DECLAIRED A NUISANCE, AMENDING ST. LOUIS PARK ORDINANCE CODE CHAPTERS 6 AND 34 This ordinance adopts the 2003 Edition of the Interna- tronal Code Conferences International Property Code with revised amendments as the Property Maintenance Code for the City This will update the code from the 2000 edition The code provides muumum building, plumbing, mechanical, electrical and health maintenance require- ments for all buildings and property within the City The code is also utilized dunng venoms programs for rental housing, property sale inspections and general building upkeep Amendments to Chapter 34, Section 111 regarding Weed Ehmination are intended to clarify turf grass and remain consistent with requirements in Chapter 6 This ordinance shall take effect January 1, 2004 Adopted by the City Council December 1, 2003 /s/ Jeffrey W, Jacobs Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk (December 11, 2003)A-3/ORD2258-03