HomeMy WebLinkAbout1995-13 Adding Section 740 Licensing And Inspections For Underground Parking Garages In Multiple Residentials DwellingsORDINANCEN .1995 -13
AN ORDIN NCff ADDING N W CODE SECTIO 740
REQUIRING TH LICENSING AN INSPECTION OF PARKING
GARAGES ADJACENT TO MULTI LE RESIDENTIAL BUILDINGS
THE CITY COUNCIL OF THE ITY OF EDINAORDAINS:
Section 1. The City Code is he ebv ,amended to brovide a new Section 740 as fdllc
"Section 740
740.01 Purpose and Obj
lation of Parkin] Garages for Multi
Subd. 1 Purpose. The purpose of this Section is to
unacceptable levels of c bon' monoxide in dwelling units.
Subd. 2 Objectives. he general objectives of this Section
A. Prevent
C. Correct and
levels.
740.02 Terms and
Dwellings
protect the
include the
monoxide from e Kceeding the maximum level in
monoxide levels periodically.
is from
ling units.
conditions that may allow unacceptable carbon monoxide
Multiple Dwelling. Any uilding with thre� or more dwelling uj�its as define by Section
850 of the Code. I I
Parking Garage. An enclosure
used for ve
icle parking measuring
over 1000
square feet
in area and capable of being
closed off froi
i ambient air.
Ventilation System. An air
exchange systei
i operated by an electric
exhaust f
an and inlet
opening designed to veni
ilatea parking ga
age.
740.03 Scope. This section
shall be applicabl
a to all multiple dWE
llings with
all, floor, or
ceiling adjacent to a parking gE
rage.
740.04 License Required. No
person shall owr
or operate a parki
g garage with
wall, floor
or ceiling which is adjacent to a
y multiple dwelling
without first obtaini
ig a license from
the City.
Where more than one parking
garage is located
on one tract, as def
ned in Subse
tion 850.03
of this Code, and the parking
garages are own
d or under the cor
trol of one by
Acant, one
license shall apply to all parking
garages locatec
on such tract.
Subd. 1. License App
icatilon. The appl
cation for a license under
this Spci
on shall be
submitted on forms provid
ad by the Clerk. T
ie application shall tie
accompanie
J by the fee
in the amount set forth in
Sec ion 185 of th
s Code.
Subd. 2. License Proc
shall apply to all licenses
Subd. 3. Term. Licen
each calendar year.
Subd. 4. Inspection Fi
Section 185 of this Code st
fee, the applicant may subs
proof that the licensed pren
be completed and signed b
the Sanitarian their ability t
their ability to evaluate th
certificate shall not prohi
premises as set forth in SE
740.05 Standards.
Subd. 1. Maximum L
monoxide exceed 1-0.0 pe
in a multiple dwelling wh
Subd. 2. Ventilation.
requirements of the Unifo
the purpose of ventilating
740.06 Inspections and Right 4
provisions of this Section, the San
Sanitarian deems necessary, to de
level. For the purpose of making s
and survey all dwellings, dwelling L
located at all reasonable times incl
of every dwelling, dwelling unit
dwelling, dwelling unit or room and
inspection, examination, and sur%
owner of it, or the owner's ager
premises, including parking gan
repairs or alterations as are nece
Section 740.07 Enforcement
and Conti
ed by this
issued
An inspectio
II accompany th
t a certificate, o
ses� are in compl
a pjerson or per
accurately meass
effectiveness of
t the Sanitarian
tion' 740.06.
:I of Carbon Mo
per million (ppm)
is designed or u
II components o
i Mechanical Co(
ie parking garag(
Entry. For the
3rian is authori2
ermine the condi
:h inspections, tl
its, rooms, gara
ling peak traffic
and rooms, sh;
s premises inclu
y. Every occup
or employee, a
yes, at all reasc
;arv''to effect co
The provisions o Section 160 o this Code
tion and the hold rs of such lice ses.
to this Section sh II expire on, J ne 30th of
fee for each parki
license applicatio
forms provided by
ance with this Secti
ons who have satis
.are carbon monoxi
ventilation systems
from entering and
Subd. 1. Notice of Violatio . Whenever the
a violation of any one or more provi ions of this Secti
alleged violation to the license hol er in person or b
g garage, as :
In lieu of an
he Clerk, derr
n. Such certii
actorily demoi
e levels in bui
The submiss
inspecting th,
ide. At no time
in any dwelling u
for residential oi
ventilation syst(
) and shall at all
A. Specify the violation or violations alleged
repairs or improvements required to brine
compliance with the provi ions of this Sect
ill the level
or other ars
shall comp
is be fully b
et forth in
nspection
:)nstrating
cate shall
istrated to
dings and
Dn of said
� licensed
carbon
located
with the
rable for
irpose of determi
ing complianc
with the
to make inspecti
ns at such t1m
s as the
n of the property a
d the carbon
onoxide
Sanitarian is auth
rized to enter,
examine
s, and premises u
on which this
ams are
riods. The owner,
operator and
ccupant
give the Sanitari
n free accts
to such
ig parking garages
or the purpos
of such
t of a dwelling unit
or rooms sial
give the
sss to any part of
the dwelling
it or its
able times, for the
urpose of
king the
fliance with the pr
visions of this
ection.
i
i
>anitarian determi s that thea s been
n, the Sanitarian s all give notICE of such
registered mail. a notice shat
o exist or to have b en committed and the
the dwelling, dwelling unit or ro ms into
B. Provide a time limit fo the correction of he violation or viol tions specifie If the
license holder cannot found or served after diligent effort, ervice may be made upon
such person or pers ns by posting a otice in a conspic ous place in r about the
dwelling affected by th notice, in which vent the Sanitarian hall include i the record
a statement as to wh such posting wa necessary.
Subd. 2. Imminent H
rd; Temporary
ondemnation. Wh
never the Sa
tarian finds
any dwelling, dwelling u
it & rooms in a
ultiple dwelling in
iolation of th
standards
established by this Sectio
, and further finds
i) that by reason o
such violatio
it presents
an imminent and serious h
and to public h
Ith, or to the physi
I or mental h
alth of the
occupants in it, and (ii) tha
the repairs or im
ovements required
o correct the
iolation do
not appear reasonably p
ssi4le within' a ti
a which will be a
equate to els
inate such
imminent hazard, then t
e written notice
of violation provid
d for in Subc.
1 of this
Subsection shall also state
that the premises
3re unfit for human
abitation and
shall order
that the dwelling, dwelling
nit or rooms be v
ted either immed
ately or afterIntice
ch period
of time as the Sanitarian
hall find reasona
le in view of the ci
umstances'p
riding the
completion of action to eli
inate the violatio
. In such case the
notice shall Iberved
by
delivering a copy to the
ersdn in real or
pparent charge a
d control o�
multiple
dwelling and by posting th
same at a cons
icuous place upon
he structures.the
case
of a hazard which affects
ore than one dw
Iling unit in a multi
le dwelling, sice
shall
be made upon an occupa
t of each dwellin
unit, except that t
e failure to ma
service
upon an occupant of one u
it shall not affect
he validity or effect of service o upon
an occupant of other units
Subd. 3. Failure to C(
accordance with Subd. 1 of
deficiencies specified in Sul
either:
A. Extend the time for
B. Serve upon the Ii
unit, or rooms be va
Subd. 4. Contents of N4
remain uncorrected, and (ii)
written extension of time or i
in accordance with the pro
Subd. 5. Correction of
fails to comply, the Sanitari
assessed against the prop(
Code.
Subd. 6. Unlawful to Rei
which has been designated
be used for human habitatic
is removed by, the Sanitari,
defect or defects upon which
eliminated and the dwelling,
edt Deficienci s. Whenever nc
s Subsection a the license holde
1 of this Sectio within the time all(
-rection of the d ficiencies, or
holder a writte notice requiring tl
because it is u fit for human habit
The notice s
de a time lim
to vacate ma
es set forth ii
Aa�ion by City;
may proceed to
according to pr(
me Occupancy)
unfit for human r
until written app
i. "the Sanitaria
ie designation ar
velli%g unit or roc
all (i) state the viol
within which to w
be served person,
Subd.1 of this Sut
:ssment of G
or remove the
'es set forth in
ice has bee
has failed to
wed, the San
the dwells
tion or viol�ti
:ate the prgm
ly or by reoist
vection.
A. If the lic�n
iolation and h
section 1070 c
No dwelling, dwel ing unit or roos
bitation and olacar ed as such sr
)val is secured fro
shall remove sucl
placarding action
ina unit has been
i, and such pl
placard wher
vere based! h,
lade to confo
given in
rrect the
rian may
dwelling
is which
es. The
red mail
s holder
re costs
the City
ng unit
I again
:arding
ver the
e been
i to the
'
I
standards established by
his Section.
Subd. 7. Unlawful to
efape Placard.
t shall be unlawful
or any perso
remove or obscure any pli 3card
posted undi ir
the provisions of i
his Section.
Section 2. Schedule A of Section
,185 of the C
ity Code is hereby
amended by
following fees:
Purpose
Sec Subsec of Fee/Cha
a
Amount
Fee N .
740 740.04 Parking Ga
age 'License
$35.00
158a
740 740.04 Parking Ga
age ,Inspection F
e $65.00
158b"
Section 3. This Ordinance shal
become effectiVE
July 1, 1996.
First Reading:
December 4, 1 E
95
Second Reading:
February 20, 19P6
Published in the Edina Sun-Cuntent: March 1311996
Attest:
F
Richa
to deface,
ing the
Mayor
I
t
IV
� s�+ s•l
AFFIDAVIT OF
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Denis L. Mindak
beig duly sworn on an oa says that he/she is
the publisher or authorized agent and employee �f the publisher of the ewspaper known as
Sun -Current and has full k owledge of the facts
which are stated below.
(A) The newspaper has complied with all of they requirements constitut g qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable
laws, as amended.
(B) The printed Ordinance No. 1995-13
I
which is attached was cut from the columns of solid newspaper, and was rinted and published
I
once each week, for one successive weeks; it was first published
on We d n e s d a Y the 13 day of I March 19 9 , and was thereafter
f
printed and published on every to and including
the day of 4 '19 ; and prir ted below is a copy of
the lower case alphabet from A to Z, both inclusi4e, which is hereby ackn Wedged as being the
size and kind of type used in the composition ano publication of the noti e:
abedefghijklmnopgrst4vwxyz
01
BY:—
TITLE:—
Acknowledged
Y:TITLE:_Acknowledged before me on this
13 day of M air c h 19_96 .
Notbry Public L
t ,+:
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above] matter
(3) Rate actually charged for the above matter
f
i
i
PubIisder
City of
THE C
Section
740.01
740.02
740.03
ing garage.
740.04
cent to any
ed on one ti
ing
740.05
Sul
per
for
Sul
Mei
740.06.
tion, the Sa
condition of
authorized
are located
dwelling un
including p;
or rooms sh
es, including
to effect con
Sectior
Sub
mon
son
not
or
00
be;
AN ORDINAA
REQU M G THE Ll
�EIRAGES ADJACEN
T CEL OF THE CITY OF
Th City Code is hereby amended
"Section 740 - Ventila
rrp se and Objectives.
1 Purpose. The purpose of this
ide in dwelling units.
2 Objectives The general obje
k. Prevent carbon monoxide fror
3. Monitor carbon monoxide leve
Correct and prevent condition
and Definitions.
pl Dwelling. Any building with I
n1garage. An enclosure used for
clo offfrom ambient air.
gat n System. An air exchange s
rte parking garage.
op . Thin section shall be applicabl
:e Required. No person shall c
dt' le dwelling without first obtain
defined in Subsection 850.03 of
li nse shall apply to all parking g;
1. 'cense A Oic$tion. The app
3y he Clerk. Ile application for a
rh application'shall be accompanii
2. 'cense Procedure and Cont
'd y this Section and the holders c
3. rm. Licenses issued pursuant
4. pection Fee. An inspection i
r y the license application. In lieu
�y he Clerk, demonstrating proof t
all be completed and signed 1
ri their ability to accurately meal
e ess of ventilation systems. The si
I specting the licensed premises a
el of Carbon Mc
any dwelling uni
v. z ventuattoe All components of
ran' al Code and shall at all times be
ns tions and Right of Entry. Fo
it an is authorized to make inspect;
the roperty and the carbon monoxid
+ e er, examine and survey all dwelli
it reasonable times including pea
t, a d rooms, aliall give the Sanitaria
-ki garages for the purpose of such
11 a the owner of it, or the owner's i
p ng garages, at all reasonable tim
)Ii aVith the provisions of this Seel
74 07 Enforcement
1.1 Notice of Violation. Whenever t
p "sions of this Section, the Sanitari
r b registered mail. The notice shall:
A. Specify the violation or violation
in is required to bring the dwelling
on.
8, 'Provide a time limit for the corre
W ound 6r served after diligent effort
conspicuous place in or about th,
i ude in the record a statement as tc
Imminent Hazard; Temporary t
e' s in amultiple dwelling in viob
ty on or such violation it presents
rl ealth of the occupants in it, and (ii;
r reasonably possible within a tim
m once of violation provided for in Su
n ahitation and shall order that the e
to od of time as the Sanitarian shall f.
t eliminate the violation. In such cat
+ nt charge and control of the multi;
u . In the case of a hazard which affet
u n a*occupant of each dwelling uni
I afiiEt'the validity or effect of servic
Failure to Correct Deficiencies
C n the license holder has failed I
1 e�the Sanitarian may either:
Extend the time for correction of i
I. Serve upon the license holder a i
ated because it is unfit for human h
Contents of Notice. The notice at
e a time limit, within which to vacs
personally or by registered mail in.
Correction of Violation by Ch
n may proceed to abate or remove f
set. forth in Section 1070 of the C.
Unlawful to Resume Occupant
unfit lbr human habitation and plat
'is secured from, and such placarding
ever the defect or defects upon whit
d the dwelling, dwelling unit or root
Su d. Unla-wful to Deface Placard. It sl
ar pos ed under the provisions of this Sectio
thedule A of Section 185 of the City
Purpose
Sec of Fee/Charee
749 7 .04 Parking Garage License
740 7 .04 Parking Garage Inspection
Sectio 3. is Ordinance shall become effective
(Official Publication)
RDINANCE NO. 1995-13
E ADDING NEW CODE SECTION 740
"ENSING AND INSPECTION OF PARKING
TO MULTIPLE RESIDENTIAL BUILDINGS
TDINA ORDAINS;
A provide a new Section 740 as follows:
I on of Parking Garages for Multiple Dwellings
Section is to protect the public from unacceptable levels of carbon monox-
tives of this Section include the following:
exceeding the maximum level in dwelling units..
s periodically.
that may allow unacceptable carbon monoxide levels.
free or more dwelling units as defined by Section 850 of the Code.
vehicle parking measuring over 1000 square feet in area and capable of
stem operated by an el*ric exhaust fan and inlet opening designed to
to all multiple dwellings with a wall, floor, or ceiling adjacent to a park-
vn or operate a panting garage with a wall, flooror ceiling which is adja-
ng a license from the City. Where more than one parking garage is locat-
this Code, and the parking garages are owned or under the control of one
rages located on such tract.
ication for a license under this Section shall be submitted on forms pro-
license under this Section shall be submitted on forms provided by the
I by the fee in the amount set forth in Section 185 of this Code.
ol. The provisions of Section 160 of this Code shall apply to all licenses
such licenses.
to this section shall expire on June 30th of each calendar year
!e for each parking garage, as set forth in Section 185 of this Code shall
fan inspection fee, the applicant may submit a certificate, on forms pro-
at the licensed premises are in compliance with this Section. Such eer-
y a person or persons who have satisfactorily demonstrated to the
Ire carbgn monoxide levels in buildings and their ability to evaluate the
bmiasion of said certificate shall not prohibit the Sanitarian from enter-
i set forth in Section 740.06.
noade. At no time shall the level of carbon monoxide exceed 10.0 parts
or other area located in a multiple dwelling which is designed or used
entilation systems shall comply with the requirements of the Uniform
ully operable for the purpose of ventilating the parking garage
the purpose of determining compliance with the provisions of this sec-'
ms at such tinies as the Sanitarian deems necessary, to determine the
t level. For the purpose of making such inspections, the Sanitarian is
ga, dwelling units, rooms, garages, and premises upon which the same
traffic periods. The owner, operator and occupant of every dwelling,
free access to such dwelling, dwelling unit or room and its premises
nspection, examination, and survey. Every occupant of a dwelling unit
ent or employee, access to any part of the dwelling unit or its premis-
s, for the purpose of making the repairs or alterations as are necessary
on.
ie Sanitarian determines that there has been a violation of any one or
n shall give notice of such alleged violation to the license holder in per -
alleged to exist or to have been committed and the repairs or improve -
dwelling unit or rooms into compliance with the provisions of this
ion of the violation or violations specified. If the license holder cannot
ervice may he made upon such person or persons by posting a notice
dwelling affected by the notice, in which event the Sanitarian shall
by such posting was necessary.
ndemnation. Whenever the Sanitarian finds any dwelling, dwelling
on of the standards established by this Section, and further finds (i)
imminent and serious hazard to public health, or to the physical or
at the repairs or improvements required to correct the violation do
hich will be adequate to eliminate such imminent hazard, then the
1 of this Subsection shall also state that the premises are unfit for
�lling, dwelling unit or rooms be vacated either immediately or after
reasonable in view of the circumstances, pending the completion of
he notice shall be served by delivering a copy to the person in real
dwelling and by posting the same at a conspicuous place upon the
more than one dwelling unit in a multiple dwelling, service shall be
xcept that the failure to make service upon an occupant of one unit
f notice upon an occupant of other units.
henever notice has been given in accordance with Subd. 1 of this
1 orrect the deficiencies specified in Subd. 1 of this Section within the
deficiencies, or
ten notice requiring that the dwelling, dwelling unit, or rooms be
'cation.
d i(i) state the violation or violations which remain uncorrected, and
e he premises. The written extension of time or notice to vacate may
rdance with the procedures set forth in Subd. 1 of this Subsection.
sessment of Cost. If the license holder fails to comply, the
e 'olation and have costs assessed against the property according to
y ode.
o dwelling, dwelling unit or rooming unit which has been desig-
r d as such shall again be used for h•.man habitation until written !
s moved by, the Sanitarian. The Sanitarian shall remove such plat- I
e designation and placarding action were based have been elimi- I
i unit has been made to conform to the standards established by
tl �ie unlawful for any person to deface, remove or obscure any plac-
hereby amended by adding the following fees:
ount Fee No.
$35.00 158a
$65.00 158V
tn4a