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HomeMy WebLinkAbout#251 Exterior Building Completion ~ V&ga o-T A~&x ~ H 1450 W. HIGHWAY 96, ARDEN HILLS, MINNESOTA 55112 633-5676 February b, 1989 Mr. Robert L. [.aslie Vice President, Supplements Municipal Code Corporation PU Box 2235 Tallahassee, FL 32304 Dear Mr. Laslie: Enclosed for incorporation in the Arden Hills Code of Urdinances is a copy of Crdinance No. 259, relating to exterior building completion. This Urdinance was adopted by the Arden hills City Counci_l on January 30, 1989. Sincerely, `lary Ann DeLaRosa Administrative Secretary enclusure I ' STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 251 AN ORDINANCE APIENDING SEC'TIONS 6-75 AND 6-128 OF ARDEN HILLS CODE TO ESTABLISH TIME LIMITS FOR COMPLETION OF C0NSTRUCTION ONE- OR TWO-FAMILY DWELLINGS AND ADDITIONS, ALTERATIONS OR IMPROVEMENTS THERETO (OR TO ACCESSORY STRUCTURES THEREOF) AND TO REQUIRE BUILDING INSPECTOR TO MAKE DETERMINATION THAT CONSTRUCTION COMPLETED BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY AND AMENDING SECTION 16-2(d) OF ARDEN HILLS CODE TO ADD NOT COMPLETED BUILDINGS AND APPURTENANCES TO ILLUSTRATIVE LIST OF NUISANCES The Citv Council of Arden Hills ordains: Section l. Amendment to 6-75 ot Arden Hills Code Adding Time Limits for ComDletion of Construction. Seetion 6-75 of the Arden Hills Code is hereby amended to read as follows: "Sec. 6-75. Expiration. (a) Every oermit issued under this article shall expire by limitation and become null and void if the work authorized thereby is not commenced within one hundred twenty (120) days from the date of such permit, or if the work authorized thereby is susoended or abandoned at any time after work is commenced for a period of one hundred twenty (120) days. Moreover, in the case of a permit issued hereunder for the new construction of a one- or two-family dwelling, such permit shall exDire and become null and void if the dwelling is not completed by the end of two (2) years from the date of issuance of the nermit, and in the case of one issued hereunder for the construction of additions, alterations or imorovements to existing one- or two-family dwellings, and/or accessory structures thereto, such permit shall expire and becoMe null and void if the addition, alteration or improvement is not completed by the end of one (1) year from the date of issuance of the Dermit. • ' _ . (b) The term "comqleted", as used in subparagraph (a) above, shall mean and inelude: (1) Comnletion of all visible exterior construction; (2) Painting, staining, or other exterior finishing; (3) Finishing of driveways, and walks; (4) Removal of construction materials, eauipment, debris and excess earth; (5) Placement of top soil, finish grading, and sodding or seeding of all lawn areas; and (6) Finish grading of any swales within established drainage easements necessary to accommodate natural drainage of adjacent oroperties. (c) The foregoing time limits may be extended by the city council provided that a written application for such extension be submitted to the clerk-administrator or insnector under whose jurisdiction the permit falls prior to the date on which the oermit would otherwise expire. The application for such extension shall state reasons for the requested extension." Section 2. Amendment to Section 6-128 of Arden Hills Code to Add Reauirement That Building Insnector Determine Compliance With Section 6-75 Before Issuance of Certificate of Occupancv. Section 6-128 of the Arden Hills Code is hereby amended to read as follows: "Sec. 6-128. Reauired. No building or structure in Groups A, B, E, H and I and Group R shall be used or occuoied, and no change in the existing occuoancy classification of a building or structure or portion thereof shall be made until the building inspector has issued a certificate of occupancy therefor as orovided herein. In no event shall such certificate be issued until the building inspector has determined that all construction has been completed, or extension has been granted by the city council, as reauired in Section 6-75 of this Code." Section 3. Amendment to Section I6-2(d) of Arden Hills Code to Add Not Completed Buildings and Appurtenances to Illustrative List of Nuisances. Section 16-2(d) of the Arden Hills Code is hereby amended to read as follows: "d. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or keAt in such an unsanitary condition that it is a menace to the health of neople residing in the vicinity thereof, and presents a more than ordinarily dangerous fire hazard in the vicinity where it -2- . < . is located, or, along with its appurtenances, for a continuous period of two years has not been "completed" as that term is defined in Section 6-75(b) of the Arden Hills Code." Section 4. Effective Date. This Ordinance shall be effective from and after its passage and publication. Passed by the Council this 30 day f January , 1989. ~ Thoma Sather, ayor ATTEST: ~ Gary Be er, Administrator -3- f 1 V&g6 o- A~&x H 1450 W. HIGHWAY 96, ARDEN HILLS, MINNESOTA 55112 633-5676 r'ebruar_y 1, 19$9 Mr. MacDonald Meade, Editor New Brighton Bulletin 909 Seventh Avenue NW New Brighton, MN 55112 ATTN: Legal Notice llear Mr. Meade: Enclosed please find a copy of Ordinance No. 251 which should be published once in the February 8 issue ot the the 1Vew Brighton Bulletin. Thank you for your attention to this matter. If you have any questions, please feel free to call. Sincerely. ~ Mary A4~n DeLaRosa Administrative Secre.tary :madlr enclosure: Ord. No. 251, Exterior Bldg. Completion + CITY OF ARDEN HILLS MEMORANDUM DATE: January 20, 1989 T0: Mayor and City Council FROM: G`'BGary R. Berger, Clerk Administrator SUBJECT: Adoption of Ordinance No. 251, Building Exterior Completion Attached is Ordinance No. 251, which amends City Code Sections 6-75 and 6-128 by establishing time limits for building construction and requires the building inspector to determine that construction is complete before a certificate of occupancy is issued. The Ordinance also amends Section 16-2(d) of City Code by adding uncompleted buildings and appurtenances to the list of nuisances. Uncompleted buildings is one of the most frequent complaints received at City Hall. Previously, the building inspector did not have specific language in the Code to enforce building completion. The amendments in Ordinance No. 251 will give the inspector the necessary tools to conduct enforcement. The First reading of the Ordinance took place at the September 28, 1987 Council meeting. Final reading was scheduled for the October 26, 1987 meeting, but at that meeting Council directed the attorney to make additional changes again for review and final reading at a later date. (See attached October 26, 1987 minutes). The attorney has now made all the changes that Council directed. The Clerk Administrator is recommending that Council approve final reading and adopt Ordinance No. 251. This is of particular importance with the new building official starting employment with the City. ACTION REQUIRED: Council should pass a motion approving the final reading and adopting Ordinance No. 251. GRB:madlr attachments JAMES S. LYNDEN ATTORNEY AT LAW JAN January 17, 1989 Mr. Gary Berger Administrator City of Arden Hills City Hall 1450 W. Hwy. 96 Arden Hills, MN 55112 Re: Ordinance No. 251 Dear Gary: I enclose herewith a new redraft of Ordinance No. 251. From the draft thereof which I did in November of 1987, I have changed the caption to refer to the additions of language to Section 16- 2(d) of the Code, have slightly changed the caption to Section 2 thereof and the amendment contained therein (I eliminated reference to subsections (a) and (b) of Section 6-75), have added a new Section 3 to tne ordinance, have renumbered Section 3, Section 4, and lastly have changed the names of the mayor and clerk-administrator. If you have any questions with regard to this enclosurs, please do not hesitate to contact me. Very t uly yours, f J r ~ F,~ ~~~0 JAP S S. ~NDEPd ~ JSL/pg Enclosure (612) 223-5436 (612) 297-6400 HOO AMHOIST TOWEIt ST. PAUL, MINNESOTA 55102 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDIPIANCE N0. 251 AN ORDINANCE APIENDING SECTIONS 6-75 AND 6-128 OF ARDEN HILLS CODE TO ESTABLISH TIME LIMITS FOR COMPLETION OF CONSTRUCTION ONE- OR TWO-FAMILY DWELLINGS AND ADDITIONS, ALTERATIONS OR IMPROVEMENTS THERETO (OR TO ACCESSORY STRUCTURES THEREOF) AND TO REQUIRE BUILDING INSPECTOR TO MAKE DETERMINATION THAT CONSTRUCTION COMPLETED BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY AND AMENDING SECTION 16-2(d) OF ARDEN HILLS CODE TO ADD NOT COMPLETED BUILDINGS AND APPURTENANCES TO ILLUSTRATIVE LIST OF NUISANCES The Citv Council of Arden Hills ordains: Section l. Amendment to 6-75 of Arden Hills Code Adding Time Limits for Comnletion of Construction. Section 6-75 of the Arden Hills Code is hereby amended to read as follows: "Sec. 6-75. Expiration. (a) Every Dermit issued under this article shall expire by limitation and become null and void if the work authorized thereby.is not commenced within one hundred twenty (120) days from the date of such permit, or if the work authorized therebv is susnended or abandoned at any time after work is commenced for a period of one hundred twenty (120) days. Moreover, in the case of a oermit issued hereunder for the new construction of a one- or two-family dwelling, such permit shall exDire and become null and void if the dwelling is not completed by the end of two (2) years from the date of issuance of the nermit, and in the case of one issued hereunder for the construction of additions, alterations or imDrovements to existing one- or two-family dwellings, and/or accessory structures thereto, such permit shall expire and become null and void if the addition, alteration or imorovement is not completed by the end of one (1) year from the date of issuance of the nermit. (b) The term "completed", as used in subparagraph (a) above, shall mean and include: (1) Comnletion of all visible exterior construction; (2) Painting, staining, or other exterior finishing; (3) Finishing of driveways, and walks; (4) Removal of construction matzrials, equipment, debris and excess earth; (5) Placement of top soil, finish grading, and sodding or seeding of all lawn areas; and (6) Finish grading of any swales within established drainage easements necessary to accommodate natural drainage of adjacent nroperties. (c) The foregoing time limits may be extended by the city council provided that a written application for such extension be submitted to the clerk-administrator or insnector under whose jurisdiction the permit falls prior to the date on which the permit would otherwise expire. The application for such extension shall state reasons for the reauested extension." Section 2. Amendment to Section 6-128 of Arden Hills Code to Add Reauirement That Building Insnector Determine Comnliance With Section 6-75 Before Issuance of Certificate of Occupancv. Section 6-128 of the Arden Hills Code is hereby amended to read as follows: "Sec. 6-128. Reauired. No building or structure in Groups A, B, E, H and I and GrouD R shall be used or occuoied, and no change in the existing occunancy classification of a building or structure or portion thereof shall be made until the building inspector has issued a certificate of occupancy therefor as provided herein. In no event shall such certificate be issued until the building inspector has determined that all construction has been completed, or extension has been granted by the city council, as reauired in Section 6-75 of this Code." Section 3. Amendment to Section 16-2(d) of Arden Hills Code to Add Not Completed Buildings and Appurtenances to Illustrative List of Nuisances. Section 16-2(d) of the Arden Hills Code is herebv amended to read as follows: "d. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of oeonle residing in the vicinity thereof, and Dresents a more than ordinarily dangerous fire hazard in the vicinity where it -2- is located, or, along with its appurtenances, for a continuous period of two years has not been "completed" as that term is defined in Section 6-75(b) of the Arden Hills Code." Section 4. Effective Date. This Ordinance shall be effective from and after its passage and publication. Passed by the Council this 30 day f January , 1989. lt/1 Thoma Sather, ayor ATTEST: Gary Be er, Administrator -3-