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Home My WebLink About2008-12 11-10 CCO CI'TY �F BROOKLYN i:ENTER Notice is hereby giv�n that a public hearing will be held on. the lOth day of November, 200$, at ?;00 �.m., or as soon thereafter as the matter may be heard, at City� Hall, �301 Shingle Creek Parkway, to consider an amendment to Chapter 12 �f the City Code of Ordinanc�s relating to inspections and notification. Auxiliary aias for haridicapped persons are available upon request at least 96 hc�urs in advance. Please notify the City Clerk at 612-569-330� to make arrangements. ORDINANCE lv'O. 2008-12 AN ORDINANCE AMENDING CHAPTER 12 RELATED TO INCP�CTIQNS AND 1VTOTIFIGATION THE CITY COUNCIL OF THE CITY OF BROOKLY�T CENTER DOES CJRD A�v _A� FOLLQWS: Section l; Chapter 12 is amended as follows: Section 12-201. DEFINITIONS. The following defi�nitions shali ap�ld� ar� th� interpretat�c��. and enforcement of this Chanter where not otherwise �ie�'ir�ed within section. 1. A roved acce table to the 'urisdiction ha��in authorit and r��eetin a11 �P A J Y applicable codes. 2. Accessory structure a structure subordinate ta the main or principai Y�railding which is not used n�r authorized to be used for living �r sleepi�g h?aman occupant� and whick is located on ar partially� on the premises. Building any structure used or intended fi�r supporting �r �h�lterin� any use or occupancy. I 4. Compliance Official the City Manag�r �nd i�is designated agents autho�ize��1 to administer and enforce this Ordinance. 5. Dwelling a building, ar portion thereof, designed or used predominantly for residential occupancy of a contin�aed nature, including ane-family dvv�lling�, t�ra�� family dwellings, and m�iti�le famiiy dvveliings; but not includ�ng hotel� and motels. b. Dweliing unit a single residential accornmodation which is arrang�d, designed, used or, if vacant, intended far use exclusively as a domicile fr�r one family. Where a private gara�e is �t;ructurally atta�be�,�, it shall be consid�red as part �f �he building in which the �welling unit is Yocated. ORI)3NA1�1��; NO. 2008-12 i i 7. Family any of the follawing definitions shall apply: —A person or persons related by blood, marriage, or adoption, together v�7��h his or their domestic servants or gratuitous guests� nlaintaining a common household in a dwelling unit; —Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common h�usehold in a dwelling unit approved and certified by the appropriate public ag�ncy; —A group of not more than five (5� persons not related by blood, marriage or adoption maintaining a comman household in a dwelling unit. 8. Flush water closet an approved toilet, with a bowl and trap matle in ane piece, which is connected to the City water and sewer system or c�ther approved water supply and sewer system. 9. Garbage putrescible animal and vegetable wastes resulting from th� handling, preparation, cooking and consumption of f�od. 10. Habitable building any building or par� thereof that meets minimum standards for use as a home or place of abode by� �ne or znore persons. 11. Habitable room a room or enclosed floor space used or intended to b� �ase� for liv�ing, sleeping, cooking, or eating purposes, excluding bathrooms, v��ater �l�set compartments, laundries, furnace rooms, unfinished basements, �thase without required ventilation, required electric outlets and required exit facili�i��s) pantries, utility rooms of less than Sf1 square feet �f floor space, foyers, coanr�unic�tang corridors, stairways, closets, storage spaces, and workshops, hobby and r�cre�tion areas in parts of the struc;ture below ground l�ve? or in atticg. 12. Heated water vvater heated ta a temperature of not less than 12� degrees Fahrenheit, or such lesser temperature requ�ired by government authority; measured at faucet outlet. 13. Kitchen a space which contains a srnk v�ith cQUnter working space, adequate space for installing cooking and refrigeration equiprnent, and adequate sp�ace for the storage of cooking utensi�s. 14. Multiple family dweliing a dwelling or portion thereof containing thre� or more dwelling units. 15. Nonresidential building al1 other buildings or structures other than dwellings c�r dwelling units. �:)R��NAI�7CE NO. 200�-12 16. Occupant any persori (including owner or operator) accupying any structure building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator the owner or agent vvho has charge, care, control, or management of a building, or part thereo£ 18. Owner a person, agent, firm, or :,orporation having a Yegal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners �nd corporate officers. 19. Permissible occupant load the maximum number of persons permitted to c�ccupy a building or space within a building. 20. Person an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbing all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pip�s, garbage tli�posal. units, waste pipes, water closets, sinks, instal�ed dishwashers, lavaiories, bathtubs, shower baths, installed clot�es washing machines, catch basins, drains, ��ents, and any other similar fixtures and the installat�on thereof, together vui�h alx connections to water, sewer and gas lines. 22. Premises a platted lot or part thereof or unplatted parcel Qf land, either unoccupied or occupied by any structure there�n. 23. Public Corridor a hall, corridor or passageway for providing egrzss from an occupied area to a public way and not within the exclusive control �f �ne occupant. 24. Refuse all putrescible and nonputrescible waste solids includin� garliage and rubbish. 25. Reinsnection- a follow-un insnection conducted to determine if a code violati�n has been corrected: a scheduled insnection that a license�. owner or other respansible nartv fails to attend: or a scheduled insnection that does not occur or is prevent�d due to anv act ,�f a lic�nsee, uwner �r res�on��ble bartv. �526� Rental dwelling or dwelling uriit a dweliir�� or �welling unit let for rent ar l�as�. �27. l�ep�ir to restore to a sound a.nd ac�eptable state af operation, servic�abiiity or appearance, �28. Rodent harborage any place where rodents can li��e, nest, or seek shelter. €)F��7iNANGE NO. 2008-i2 �2y. Rooming unit any room or group of rooms torming a single habit�ble u�rt use� or intended to be used for living and sleeping, �ut not fox cooking and ea�ing purposes. j �33Q. Rubbish nonputrescible solid wastes cansisting of both combus�tible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery ar�d similar materials. �831. Safety the condition of being reasonably free from danger and hazards whieh may cause accidents or disease. i �-1-�2. Structure that which is built or constructed, an edifice or building of any k'rnd or any piece of work artificially built up or composed of parts joined togeiher in some definite manner, i �33. Substandard dwelling any dwelling which does not conform to the ir�inimum standards established by City Ordinances. I �34, Supplied paid for, furnished by, provided by or under the contr�l of the owner, operator, or agent of a building. 3435. Meaning of certain words whenever the �vords "dwelling", "'dwelling unit", "premises", "building", or "structure" are used in this Ordinance, they shall he construed as thou�h they were followed by the words "or any part th�reof'., Section 12-902. LICENSE FEES. License fees, as s�t forth by City Counc.il resoiution, shall be due 90 day� prior ta the license expiration date; in the cases of new u�licerfsed d�vellings, license fees sh�ll be due upon issuance of the certificate of occupancy. A delinquency penalty of 5% of the license fee for each day of operation wi�ha�� a valia license shalY be charged operators of rental dwellings. Once issued, a license is nontransferabia and the licensee shall not be entitled to a refund of any license fee upon rev�acation or suspensian; however, the licensee shall be entitled to a license fee refund, prorated monthlv, upon proof of transfer of legal control or ov��nership. If an applicant w�ithdraws an applica�ior� prior to issuance of a license, the fee shall be refunded after deducting the costs of inspection and any other costs and expenses incurred by the City in connection with receiving and processing the application All reinsnection fees are �s sei by City Council resolution, ^'��r�-°� r. o .,�o.. If �the -reinspection is bein� per�or:ned as J �.1G� part of the licensin� process, fee(s) must be paid ��r;" r�< pric�r ta the time of license issuance or renewal for the property in the case of rental housin� and at the time c�f recertification af occupancy for nonresiE�ential properties. If a reinsbectio� fee or ariv portion is z�ot paid within 60 davs after billin�, or within 60 davs afte�r �n�° anneal beiomes final, the Citv Council m�vi certifv the unnaid cost a�ainst the nronertv in accordance with the nroc�ss set forth in Section 19-105 of this code. �:�RDI?vANCE NU. 2008-1? Section 12-911. CONDUCT Ol�T LICENSED PREMISES. 8. All notices given by the City under this section shall be personally served on the licensee, sent by ��e�e� First Class mail to the licensee's last known address or, ir neither method of service effects notice, by posting on a conspicuous place on the licensed prerriises. Section 2. This ordinance shall become effective after adontion and ubon thirtv (301 da�s followin� its le�al nublication. I �dopted this l O day of November, 2008. 4'� 1.�.�'��.� �`m,`�� "�,'La�;��,�,,, Mayor ATTEST: Citky Clerk Date of Publication: November 2C1, 2008 Eff�ctive Date: December 20, 2008 (I7nderline indicates new matter; strikeout indicates matter to be deleted, double underline and double strikeout indicates new matter and deletions since first reading.)