HomeMy WebLinkAbout2361-08 - ADMIN Ordinance - City Council - 2008/11/03ORDINANCE NO. 2361-08
ORDINANCE RELATING TO BUSINESS
AND RENTAL HOUSING LICENSING AND CERTIFICATES
OF MAINTENANCE, AMENDING CHAPTERS SIX AND
EIGHT OF THE ST. LOUIS PARK CODE OF ORDINANCES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Section 8-36 of the St. Louis Park Code of Ordinances is amended to read in its
entirety as follows:
Sec. 8-36. Refusal, suspension, revocation and reinstatement.
Except as otherwise provided in this chapter, the city may refuse, suspend, revoke and
reinstate any license under this chapter as follows:
(1) The city may refuse to grant a license or license renewal and may suspend or revoke
any license at any time, for any reasonable cause, including failure of an applicant or
licensee to comply with provisions of this Code or other applicable federal, state or
local laws or regulations.
(2) Any applicant, within ten days of notice of denial, suspension or revocation of a
license, may request in writing an administrative hearing before the city manager.
The city manager shall promptly issue a written decision in the matter. The city
manager's decision may be appealed to the city council by filing a written appeal to
the city clerk within ten days of receiving written notice of the city manager's
decision.
(3) The city council may appoint a committee of the city council or an independent
hearing officer to hear the matter, report findings of fact and a recommendation of
disposition to the city council. Hearings on the appeal shall be open to the public
and the licensee or applicant shall have the right to appear and be represented by legal
counsel and to offer evidence in such person's behalf. At the conclusion of the
hearing, the city council shall make a final decision.
(4) If a license is reinstated following suspension or revocation, the applicant shall
complete a new license application, and pay a reinstatement fee in addition to the
current license fee. Such fees shall be set from time to time by the city and a schedule
of such fees listed in Appendix A to this Code. As a further condition of
reinstatement, the licensee shall reimburse the city for all law enforcement costs, legal
fees, investigations, inspections or other professional fees incurred due to the
licensee's violation of applicable laws, ordinances, regulations and conditions of the
license.
Section 2. Section 8-112 of the St. Louis Park Code of Ordinances is amended to read in its
entirety as follows:
Ordinance No. 2361-08
-2-
Sec. 8-112. Exemptions. 0
r exempt from the licensing The following persons are g reuirements of this subdivision: e p q
(1) The owner -occupant of a one -family or two-family dwelling who is working on the
owner -occupant's own dwelling.
(2) Persons installing or working on process piping regulated under the state mechanical
code.
(3) Persons replacing or reconnecting gas stoves and clothes dryers to existing gas piping
when not altering the existing gas piping.
Section 3. Section 8-161 through Section 8-165 of the St. Louis Park Code of Ordinances are
amended to read in its entirety as follows:
Subdivision V. Tree Servicing, Maintenance and Removal Contractor
Sec. 8-161. License required.
Any person or company engaging in a business that maintains removes or treats trees within
the city must obtain a tree servicing, maintenance and removal contractor's license from the city.
Sec. 8-162. Application.
The applicant for a tree servicing, maintenance and removal contractor's license must submit
a completed application, provide proof of insurance and workers' compensation, a list of all vehicles
which will be operating within the city, including license plate numbers and in-house vehicle
identification numbers for such vehicles, and provide proof that at least one employee of the
applicant is currently recognized by the International Society of Arboriculture (ISA) as a Certified
Arborist at the time of the license application or renewal. Throughout the license term, the licensee
must notify the city of any additional vehicles which will be operating within the city under the tree
servicing, maintenance and removal contractor's license. Tree services must comply with American
National Standards Institute (ANSI) Standard A300 when pruning or otherwise servicing trees on
public or private property.
(Ord. No. 2181-00, § 4(16-205B.), 11-6-2000)
Sec. 8-163. Vehicle decal.
Each vehicle operating in the city under a tree servicing, maintenance and removal
contractor's license must have a valid city -issued decal identifying the licensed contractor affixed in a
visible location to such vehicle.
(Ord. No. 2181-00, § 4(16-205C.), 11-6-2000)
Ordinance No. 2361-08 -3-
Sec. 8-164. Additional insurance required.
The tree service, maintenance and removal contractor shall provide proof of automobile
insurance through the term of the license, including coverage for all owned and hired vehicles used
for tree service, maintenance and removal within the city. Limits of liability insurance should be for
not less than the amount that shall be set from time to time by the city and a schedule of such
insurance rates is listed in Appendix A to this Code. The policy of insurance shall provide full
insurance to cover all of the tree servicing, maintenance and removal contractor's operating exposure,
including, but not limited to, the picking up of the materials and the operation of vehicles.
(Ord. No. 2181-00, § 4(16-205D.), 11-6-2000)
Sec. 8-165. Chemical treatment services.
If the applicant for a tree servicing, maintenance and removal contractor's license also
provides chemical treatment services for trees, a copy of the applicant's Minnesota Department of
Agriculture commercial pesticide applicator license must accompany the license application.
Section 4. Section 8-188 of the St. Louis Park Code of Ordinances is amended to read in its
entirety as follows:
Sec. 8-188. Payment of taxes on licensed premises.
(a) Any and all real estate taxes or special assessments levied against the property for
which a license application is made under this division must be current before such license is issued
or renewed.
(b) Upon receipt of evidence that such taxes or special assessments levied against any
such premises have become delinquent during the term of a license under this division, the city
manager shall notify the licensee of the delinquency and that all licenses issued for the premises shall
be suspended 30 days after date of the notice unless such taxes and special assessments are paid and
the county treasurer's receipt of such payment is delivered to the city manager. The license will
remain suspended and all licensed activity must cease until such time that the taxes and special
assessments are paid in full.
(c) The reinstatement of a license upon payment of delinquent taxes and assessments is
conditioned upon the taxes and assessments being paid on time for the two year period following
reinstatement. If this condition is not met and the taxes remain unpaid after the licensee receives a
ten day notice of the delinquency from the city manager or designee, the license shall be considered
revoked effective immediately. The revocation shall be final. The provisions of Section 8-36
relating to an administrative hearing and appeal to the city council shall not apply. No new business
license for the same activity or to the same licensee shall be issued for a period of one year.
Section 5. Section 8-257 of the St. Louis Park Code of Ordinances is amended to read in its
entirety as follows:
Ordinance No. 2361-08
-4-
Sec. 8-257. Classification of food and beverage establishments and food vending machines.
v ra establishment and food vending machine based
The city will classify each food and beverage g
on the use occurring, in accordance with the food code, into one of the following categories before a
license is issued:
(1) Class H plus --Multiple use license permitting three or more uses of any risk class to
operate.
(2) Class H --High risk use license permitting up to two high risk uses or a single high
risk use with a single low or medium risk use.
(3) Class M --Medium risk use license permitting a single medium risk use.
(4) Class L --Low risk use license permitting a single low risk use.
(5) Class V --Food vending machines.
(6) Class S --Seasonal concession with low or medium risk.
(7) Class E--Multi-site educational facilities — Educational facility with multiple
locations within the city.
(8) Catering Vehicle Decal --Each vehicle used to transport food from a licensed facility
must have a valid city issued decal.
Section 6. Sections 8-296 and 8-297 of the St. Louis Park Code of Ordinances are amended to
read in its entirety as follows:
Subdivision VI. Therapeutic Massage Establishments
Sec. 8-296. License required.
No person shall engage in the business of operating a therapeutic massage establishment
either exclusively or in connection with any other business enterprise without first obtaining a
therapeutic massage establishment license from the city.
Sec. 8-297. Regulations adopted.
(a) Each licensed therapeutic massage establishment in the city shall be constructed and
maintained in compliance with the health, safety and building regulations of the city, and all state
laws, rules and regulations, including but not limited to the following:
(1) Walls, floors and ceilings must be smooth, clean and in good repair. Low
nap carpeting is permitted provided it is kept clean and without wear or tear.
Ordinance No. 2361-08 -5-
(2) Massage rooms must be equipped with lighting capable of illuminating
horizontal surfaces with a minimum intensity of 50 foot candles to facilitate
room cleaning.
(3) Massage rooms must be equipped with mechanical air ventilation or an
exhaust fan.
(4) A hot and cold water hand washing sink or an NSF approved portable hand
sink with soap and hand drying by mechanical or disposable towel is required
in the therapeutic massage area. Use of a public bathroom or janitor's sink is
not allowed.
(b) No customer or patron of a therapeutic massage establishment shall be allowed to
enter the licensed premises after 8:30 p.m. and before 8:00 a.m. daily. No customer or patron of a
therapeutic massage establishment shall be allowed to remain upon the licensed premises after 9:15
p.m. and before 8:00 a.m. daily. Such restrictions on hours shall not apply where the massage
therapy is provided within a health/sports establishment, and in such case, the hours for massage
therapy must coincide with the health/sports establishment's hours of operation.
(c) During any hours in which any person is present on the licensed premises of a
therapeutic massage establishment, such therapeutic massage establishment shall be open to
inspection by city inspectors and police officers. Upon demand by any police officer, all persons
engaged in providing services in any therapeutic massage establishment licensed premises shall
identify themselves, giving their true legal name and correct address.
(d) The applicant for a new license will be required to provide a copy of a current
government issued identification and complete a license application addendum authorizing a
background check to be completed by the Police Department.
Section 7. Section 8-326 through Section 8-332 of the St. Louis Park Code of Ordinances
amended to read in its entirety as follows:
Subdivision VIII. Rental Housing
Sec. 8-326. License required.
(a) The owner of a residential building or portion thereof operated as rental housing
with one or more dwelling units must obtain a rental housing license. The license shall contain a
statement that the tenant or tenants may contact the attorney general for information regarding the
rights and obligations of owners and tenants under state law. The statement shall include the
telephone number and address of the attorney general.
(b) The term "rental housing" means any dwelling unit that is not owner occupied. The
term includes any dwelling unit which is either unoccupied or occupied by a relative of the owner.
Ordinance No. 2361-08
-6-
(c) Exceptions. No license shall be required under the following circumstances:
1 A dwelling unit occupied b the owner for a minimum of six months per •
() g P Y
calendar year.
(2) Rented rooms within an owner occupied dwelling unit.
(3) Unoccupied dwelling units being offered for sale which have been issued a
Certificate of Property Maintenance that remains in effect.
(d) The term "Owner" means the owner as determined by an examination of record title
to the property at the office of the Hennepin County Recorder.
Sec. 8-327. Required Application Information.
The owner must identify a designated property manager responsible for operation and
maintenance of each licensed property. Contact information for the owner and property manager
must be provided on the license application, and the owner must provide the city with any changes
occurring within the license period. The owner may be the designated property manager. The
owner must submit verification with the license application that the designated property manager
has attended required training as specified in this section and that the Crime Free/Drug Free and
Disorderly Use language required by this section is contained in the licensed property tenant lease or
leases.
(Ord. No. 2334-07, 08-10-2007)
Sec. 8-328. Crime Free/Drug Free Training.
The owner or property manager must have attended an approved training program in The
Minnesota Crime Free Multi -Housing Program before any rental license is issued. A Provisional
License may be issued for six months to accommodate the training schedule. An owner whose onlx
rental housing is either unoccupied or a dwelling unit homesteaded by a relative is exempted from
the training�rogrr am.
(Ord. No. 2334-07, 08-10-2007)
Sec. 8-329. Maintenance.
The owner of a residential building or portion thereof operated as rental housing must
maintain all dwelling units, common space and exteriors of such buildings within the owner's
control in compliance with the City Code, and state and federal laws and regulations. The owner of
such rental housing shall perform a periodic assessment of all portions of the building and correct
any inadequacies to ensure the building is maintained in good repair.
(Ord. No. 2334-07, 08-10-2007) 0
Ordinance No. 2361-08 -7-
Sec. 8-330. City Inspections.
(a) The owner of rental housing shall permit access by the City to perform a minimum
of one inspection every two years of every dwelling unit and common space within the owner's
control. The City may perform or require additional inspections if deemed necessary by the City or
by the request of a tenant. The owner shall notify the tenant or tenants of the time when the City
inspection will be conducted and provide access to the units.
(b) The owner's rental housing license may be suspended, revoked or denied renewal for
failing to maintain the licensed building in compliance with the property maintenance code as set
forth in chapter 6, article V of this Code or otherwise failing to comply with the requirements of the
City Code or applicable state or federal law.
(Ord. No. 2334-07, 08-10-2007)
Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements.
(a) All tenant leases, excepLfor state licensed residential facilities and subiect to all
preemptory state and federal laws, shall contain the following Crime Free/Drug Free and Disorderly
Use language:
(1) Crime Free/Drug Free.
1. Resident, any members of the resident's household or a guest or other person
affiliated with resident shall not engage in criminal activity, including drug-
related criminal activity, on or near the premises.
2. Resident, any member of the resident's household or a guest or other person
affiliated with resident shall not engage in any act intended to facilitate
criminal activity, including drug-related criminal activity, on or near the
premises.
3. Resident or members of the household will not permit the dwelling unit to
be used for, or to facilitate criminal activity, including drug-related criminal
activity, regardless of whether the individual engaging in such activity is a
member of the household, or a guest.
4. Resident, any member of the resident's household or a guest, or other person
affiliated with the resident shall not engage in the unlawful manufacturing,
selling, using, storing, keeping, or giving of a controlled substance at any
locations, whether on or near the premises or otherwise.
5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL
AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD
CAUSE FOR IMMEDIATE TERMINATION OF TENANCY.
Ordinance No. 2361-08
IRE
(2) Disorderly Use.
1. Resident members of the resident's household, guests, or other persons
under the resident's control shall not engage in the following Disorderly Use
activities: violations of state law relating to alcoholic beverages, trespassing or
disorderly conduct; and violation of the St. Louis Park City Code relating to
zoning, nuisance and prohibited noise.
2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME
TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD
SHALL BE A SUBSTANTIAL AND MATERIAL VIOLATION OF THE
LEASE AND GOOD CAUSE FOR TERMINATION OF THE
TENANCY.
(3) Definitions.
1. The term "criminal activity" means prostitution, criminal street gang activity,
threatening, intimidating or assaultive behavior, the unlawful discharge of
firearms, or any other criminal activity on or near the premises that
jeopardizes the health, safety and welfare of the landlord, his agent, other
resident, neighbor or other third par1y or involving imminent or actual
serious property damage.
2. The term "drug related criminal activity" means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell, distribute, or
use of a controlled substance or any substance represented to be drugs (as
defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]).
(4) Non -Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions
are in addition to all other terms of the lease and do not limit or replace any other
provisions.
(b) These lease provisions shall be incorporated into every new lease for a tenancy
beginning January 1, 2008 and all renewed leases by January 1, 2009.
(c) Upon determination by the Police Department that a licensed premises or unit
within a licensed premise was used in violation of the Crime Free/Drug Free provisions of
Subsection (a) U herein, the Police Department shall cause notice to be made to the owner and
property manager of the violation. The owner or property manager shall notify the tenant or tenants
within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed
with termination ofd tenancy of all tenants occuo�Q thenit
u. The owner shall not enter into a
new lease for a unit located in the licensed property with an evicted tenant for a period of one year •
after the eviction.
Ordinance No. 2361-08 -9-
(d) Upon determination by the Police Department that a licensed premises or unit
within a licensed premises was used for Disorderly Use activities as set forth in Subsection (a)(2
herein, the Police Department shall cause notice to be made to the owner and property manager of
the violation and direct the owner and property manager to take steps to prevent further Disorderly
Use violations.
(e) If a second Disorderly Use violation as determined by the Police Department occurs
within a continuous twelve month period involving the same tenancy, the Police Department shall
cause notice to be made to the owner and property manager of the second violation. The owner or
property manager shall respond in writing within ten (10) days of receipt of the notice with an
action plan to prevent further Disorderly Use violations.
(f) If a third Disorderly Use violation as determined by the Police Department occurs
within a continuous twelve month period involving the same tenancy, the Police Department shall
cause notice to be made to the owner and property manager of the third violation. The owner or
property manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use
violation of the Crime Free/Drug Free lease language within the lease and proceed with termination
of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a
unit located in the licensed property with an evicted tenant for a period of one year after the
eviction.
Sec. 8-332. Administrative License Violation Fee.
An owner failing to proceed with an action to terminate the tenancy after Police Department
notification in accordance with a Crime Free/Drug Free violation or the third Disorderly Use
violation shall pay an administrative license violation fee of $750.00 for each calendar month that
the owner fails to proceed. My outstanding fees must be paid prior to the city renewing a rental
license for the licensed premises.
Section 8. Section 6-179 of the St. Louis Park Code of Ordinances is amended to read in its
entirety as follows:
Sec. 6-179. Compliance; expiration.
(a) When the property use is legal in accordance with city zoning requirements and the
property complies with all applicable building, fire, health and property maintenance codes, a
Certificate of Property Maintenance will be issued by the city.
(g)
The provisions of Subsections
(c). (d). (e). and (0
herein do
not apply
if the
determination
that the premises have been used
in violation of the Crime Free/Drug
Free
provisions
of
Subsections
(a)(1) and (a)(2) herein originates
from a call from or at
the request
of one or
more of
the
tenants occupyingthepremises
for police
or emergency assistance,
or in the
case of
domestic
abuse,
from a call
for assistance from any source. The term "domestic
abuse" has the
meaninz.given
in Minn. Stat.
6 518B.01, subd. 2.
Sec. 8-332. Administrative License Violation Fee.
An owner failing to proceed with an action to terminate the tenancy after Police Department
notification in accordance with a Crime Free/Drug Free violation or the third Disorderly Use
violation shall pay an administrative license violation fee of $750.00 for each calendar month that
the owner fails to proceed. My outstanding fees must be paid prior to the city renewing a rental
license for the licensed premises.
Section 8. Section 6-179 of the St. Louis Park Code of Ordinances is amended to read in its
entirety as follows:
Sec. 6-179. Compliance; expiration.
(a) When the property use is legal in accordance with city zoning requirements and the
property complies with all applicable building, fire, health and property maintenance codes, a
Certificate of Property Maintenance will be issued by the city.
Ordinance No. 2361-08 -10-
(b) A Certificate of Property Maintenance authorizes the transfer of property for a period
of one year from the date of issue, and two years for individual units in multi -family residential
buildings. The Certificate of Property Maintenance may only be used for property transfer by the
owner named on the Certificate of Property Maintenance or the owner's legal representative.
(c) A one year extension of the Certificate of Property Maintenance may be issued
following a re -inspection of the property and payment of a fee. Such fee shall be set from time to
time by the city and a schedule of such fees listed in Appendix A to this Code.
Section 9. Effective Date: This ordinance shall take effect January 1, 2009.
First Reading
October 20, 2008
Second Reading
November 3, 2008
Date of Publication
November 13, 2008
Date Ordinance takes effect
January 1, 2009
Adopted by the City Council November 3, 2008
Mayor
Attest: Approved as to form and execution:
City Clerk City Attorney
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he Is the Chief
Financial Officer of the newspaper(s) known
as
St Louis Park Sun -Sailor
and has full knowledge of the facts stated
below
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn Stat §331A 02, §331A 07,
and other applicable laws as amended
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s), it was first published on Thurs-
day, the 13 day of November
2008, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ____ day of
, 2008, and printed
below is a copy of the lower case alpha-
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Subscribed and sworn to or affirmed
before me on this 13 day of
November 2008
Notary Public
---------------------------------
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1-31-09
i
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO 2361-08
AN ORDINANCE AMENDING CHAPTER 6, SECTION
6-179 AND CHAPTER 8, SECTIONS 8-36,8-112,8-161
THROUGH 8-165,8-188,8-257,8-296 THROUGH 8-
297, AND 8-326 THROUGH 8-332 THE ST LOUIS
PARK CITY CODE OF ORDINANCES CONCERNING
PROPERTY MAINTENANCE AND BUSINESS AND
CONTRACTOR LICENSES
This ordinance amends City of Sl Louis Park Ordinance
Sections 6-179, 8-36, 8-112, 8-161-165 8-188, 8-257,
8296-297, and 8-326-332 of the Property Maintenance
Code and various Contractor and Business Licenses This
ordinance shall take effect January 1, 2009
Adopted by the City Council November 3, 2008
Jeffrey W Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for in-
spection with the City Clerk
Published in the St Louis Park Sailor November 13, 2008
(Nov 13, 2008) a3 -Ord 2361-08