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HomeMy WebLinkAbout2415-12 - ADMIN Ordinance - City Council - 2012/07/16ORDINANCE NO. 2415-12 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO LICENSING AND INSPECTIONS, AMENDING SECTIONS 8-116, 8-372, 8-374 AND 12-35 OF THE ST. LOUIS PARK CODE THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 8-116 of the City Code is hereby amended as follows: Sec. 8-116. Gas piping Any person installing, repairing or altering gas piping for which a mechanical contractor's license with a gas piping endorsement is required, must have a valid city certificate of competency for gas piping issued to such person. The person must carry the certificate of competency when performing any work, and must present the certificate of competency upon request to any city representative. This requirement is in addition to any or all other licensing requirements and does not eliminate the need for a mechanical contractor's license. SECTION 2. Section 8-372 of the City Code is hereby amended as follows: Sec. 8-372. License required. (a) No person shall sell or offer to sell any tobacco, tobacco product or tobacco related device without first having obtained a license to do so from the city. (b) No license shall be issued for the sale of tobacco, tobacco products or tobacco related devices at any place other than the applicant's place of business. No license shall be issued for a moveable place of business; nor shall any single license be issued for the sale of tobacco, tobacco products or tobacco related devices at more than one place of business. (c) Complete applications shall be reviewed by the city for verification and investigation of the facts set forth in the application, including a criminal background investigation of the applicant. The city may order and conduct such additional investigation as deemed necessary. (d) The city shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing, specifying the reasons for denial. The applicant may appeal the denial in accordance with the procedure specified in section 8-36. (e) Complete applications for issuance of annual licenses shall be submitted to the city at least thirty (30) days pnor to the expiration of the license. The determination regarding approval or denial of the license renewal shall be communicated to the applicant in writmgl specifying the reasons if the application is denied. The applicant may appeal the denial in accordance with the procedure specified in section 8-36. SECTION 3. Section 8-374 of the City Code is hereby amended as follows: Ordinance No. 2415-12 -2- Sec. 8-374. Regulations Adopted. Lal It shall be a violation of this subdivision for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: (1) To any person under the age of 18 years. (2) By means of any type of vending machine. (3) By means of self-service merchandising whereby the customer does not need to make a verbal or wntten request to an employee of the licensed premises in order to receive the tobacco, tobacco related product or tobacco related device. All tobacco related products shall be stored behind a counter, or other area, not visible or accessible to customers. (4) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana or other type of deletenous, hallucinogenic or toxic or controlled substance, except nicotine, and not naturally found in tobacco or tobacco products. By any other means or to any other person prohibited by federal, state or other local laws, ordinances or other regulations. (b) Tobacco sampling within an establishment selling anv tobacco, tobacco product or tobacco related devices is prohibited. (5) SECTION 4. Section 12-35 of the City Code is hereby amended as follows: Sec. 12-35. Nuisance abatement and assessment. (a) Purpose of section. The purpose of this section is to provide the city with the authority, pursuant to M.S.A. § 429.101, as may be amended from time to time, to remove or eliminate public health or safety hazards from private property and to provide for the collection of unpaid special charges for all or any part of the costs incurred by the city to remove or eliminate the hazards. (b) Notice of need to abate nuisance Whenever the existence of any nuisance defined in this article, constituting a public health or safety hazard, within any lots or parcels of real estate situated within the city, shall come to the attention of the dial Director of Inspections, the—o f tial the Director shall cause an investigation of the reported nuisance. After the investigation, the Director of Inspections shall determine whether a nuisance exists. Upon finding a nuisance, the Director of Inspections shall prepare a written notice and mail the notice to the owner of the property. The term "owner" shall be defined as the person listed as owner according to the current records of the county auditor. Such notice shall contain the name of the owner, his address (if known), the address of the property containing the nuisance and a description of the nuisance which must be abated at the owner's expense, and the time frame within which the nuisance must be abated as determined in the sole discretion of the health official. In determimng the time within which owner must abate the nuisance, the health effteial Director of Inspections shall consider, among other factors, the following: (1) The severity of the threat to public health and safety; (2) The size or magnitude of the nuisance; and (3) The number of persons affected by the nuisance. • Ordinance No. 2415-12 -3- The notice shall further state if owner fails to abate the nuisance within the time provided in such notice, the city may enter onto the owner's property for purpose of abating the nuisance. Noncompliance with the required action will result in city action to abate the nuisance the cost of which will subsequently be assessed as a lien against the owner's property. If the owner's address is not known, service of the notice may be made upon a tenant, lessee or owner's agent and shall also be posted upon the property. Where no owner or owner's agent can be found, the city clerk shall cause the notice to be published once in the official city newspaper within ten days of issuance of the notice. If publication is required, the city shall allow an additional ten days from the date of publication for owner to comply with the notice of violation and abatement. (c) Time to respond. The owner shall abate the nuisance, at the owner's expense, within the period of time contained within the notice. In the instance of publication of the notice, the owner shall have ten days following the date of publication of the notice, plus the amount of time provided in the notice to abate the nuisance. The Director of Inspections shall cause an inspection of the property containing the nuisance to be made the day after the last day for abatement as stated in the notice or within such other time as may be reasonable and practical. (d) Appeal The owner shall have a right to appeal the notice as served by presenting the appeal to the city manager within 48 hours of service of the notice or within two days of its publication, excluding weekends and legal holidays. Within 72 hours of presentation of the appeal, the city manager shall meet with the owner and the official to hear the matter. The city manager shall consider the issues and make a final decision within 48 hours following the meeting. The owner shall be served by mail of the manager's decision. The owner may appeal the city manager's decision to the city council. Within ten days of receipt of the mailed decision of the city manager, the owner shall make a request, in writing, to the city manager to be placed on the agenda at the next regularly scheduled city council meeting, to consider the owner's appeal of the city manager's decision. The city council shall consider the appeal and make a final decision. A final decision by the city council is not appealable. (e) Enforcement/abatement. If the owner of the property does not respond to the served, posted or published notice itemizing the nuisance and ordering its abatement, within the given time as specified in such notice, the official Director may order the nuisance condition to be abated by either the city or contracted employees. The cost of abating the nuisance shall be compiled and a resolution prepared containing the name of the owner, the address and legal description of the property containing the nuisance, the costs of abating the nuisance, and a recommendation to assess the property, as a special assessment, for the costs. The assessment proceedings shall be conducted as outlined in M.S.A. § 429.101. Upon its passage, the resolution shall be submitted to the county auditor by November 10 of that year for assessment of the costs as a lien against the property with the real estate taxes. The lien may be collected in a single annual installment, or spread over a period of up to ten equal annual installments, to be determined at the sole discretion of the city council. (0 Payment of assessment. Upon passage by the city council of the resolution of approval for assessment of costs incurred by the city to abate such nuisance, the city clerk shall send a bill for the assessment amount to the owner. The owner may then pay the bill in full prior to its submission to the county auditor. If the owner fails to pay the assessment prior to its submission to the county auditor, the city shall forward the assessment information to the county auditor to create a lien against the owner's real estate as per M.S.A. § 429.101. (g) Expenses allowed. Expenses to be included in the abatement and assessment procedure may include the cost of the abatement and any removal, publication of notice or of any notice of Ordinance No. 2415-12 -4- action of the city council, posting and service of notices, departmental costs and expenses including legal fees, allowance for city employee time, overtime and expense of any equipment used. Such costs shall be compiled and prepared for presentation to the city council by the official. SECTION 5. This Ordinance shall take effect fifteen days after its publication. First Reading June 18, 2012 Second Reading July 16, 2012 Date of Publication July 26, 2012 Date Ordinance takes effect August 10, 2012 Review •+ • dministration City M Attest: Adopted by the City Council July 16, 2012 Mayor Ann ove a o Form and Execution: City Clerk (J City Attorney www.MinnLocal.com MEDIA 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 26 day of July 2012, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2012, and printed elow is a copy of the lower case alpha- bet 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 abcdef• Imnopgrstuvwxyz City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2415-12 AN ORDINANCE RELATING TO LICENSING AND INSPECTIONS, AMENDING SECTIONS 8-116, 8-372, 8-374 AND 12-35 OF THE ST LOUIS PARK CODE This ordinance states that Sections 8- 116, 8-372, 8-374 and Section 12-35 of the City of St Louis Park Code of Ordi- nances shall be amended relative to • Section 8-116 Gas Piping and Fuel Burning Equipment - eliminating compe- tency card requirement for fuel burning equipment installers • Section 8-372 Tobacco Licensing - adding requirement of a criminal back- ground check for tobacco license appli- cants pplycants • Section 8-374 Tobacco Prohibited Sales — adding tobacco sampling inside licensed tobacco establishments is pro- hibited • Section 12-35 Nuisance Abatement and Assessment — replacing the term "health official" with Director of Inspec- tions This ordinance shall take effect 15 days after publication Adopted by the City Council July 16, 2012 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk (Jul 26, 2012) A3-Ord2415-12 BY CFO Subscribed and sworn to or affirmed before me on this 26 day of July , 2012 Notary Public 1.t.i_ezi;t___O (ir__66_,t_t..,_ JULIA I. HELKENN NOTARY PUBLIC -MINNESOTA My Comm. Exp. Jan. 31, 2015 RECEIVED JUL 272012 OFFICE OF THE CITY CLERK