§ 40.03. Definitions  


Latest version.
  • Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.

    Authorized agent. An individual(s) with legal authority capable of executing documents for the sale of the building(s) and authority over the proceeds of such sale.

    Building. Any structure intended for supporting or sheltering any use or occupancy, including the land surrounding the structure. If the building is a multi-unit residential dwelling, a hotel or motel, or a commercial or office building, the term "building" for purposes of this ordinance means only the portion of the building within or outside the structure in which a nuisance is maintained or permitted; such as a dwelling unit, room, suite of rooms, office, common area, storage area, garage, or parking area.

    Certificate of code compliance. A document or emblem issued by the department of safety and inspections indicating that the rehabilitation of an existing structure complies with all state and local safety codes. A valid certificate of code compliance allows for the issuance of a fire certificate of occupancy for use as a commercial building or a residential occupancy.

    Certificate of occupancy. A document issued by the city building official under the authority of both state and city building codes indicating a newly constructed or substantially rehabilitated structure is, at the time of inspection, code compliant, habitable and otherwise meets all requirements for its intended use.

    Code compliance inspection. An inspection of a registered vacant building by one or more inspectors including fire, code enforcement and construction trades to determine necessary repairs and permits required for the rehabilitation of the existing structure.

    Commercial building. Any nonresidential structure, the surrounding land and accessory use structures.

    Condemned. A fire certificate of occupancy status indicating that the building or dwelling is not in compliance with safety codes and that the entire structure or a portion thereof is deemed unsafe, unfit for habitation or other occupancy or use. Additional inspections are required to gain compliance and to re-instate the fire certificate of occupancy prior to any occupancy or use of the building or dwelling. The structure or portion thereof cannot be occupied while under condemnation.

    Department of safety and inspections. The city department and its divisions charged with the inspection of buildings, housing, and the enforcement of safety codes including building, fire, housing, health safety, and zoning and other similar codes, laws and ordinances. The fire certificate of occupancy program is also administered by the department of safety and inspections.

    Dwelling. A building that contains one-, two- or multiple dwelling units, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

    Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

    Family. One (1) or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit.

    Fire certificate of occupancy. A document or emblem issued by the department of safety and inspections indicating the existing structure complies with all state and local safety codes allowing its use as a commercial building or for residential occupancy. Buildings and dwellings cannot be occupied or used without a fire certificate of occupancy.

    Fire code official. The authority specifically designated by ordinance or regulation which is charged with the administration and enforcement of the fire code. For the purposes of this chapter the fire code official is the director of DSI and his or her designees. The fire code official shall include any enforcement officer under his or her supervision or direction. The director of DSI shall ensure that any designees under this provision are competent by virtue of certification as a fire inspector, training or experience in fire prevention inspections and enforcement.

    Fire code. The current edition of the Minnesota State Fire Code, pursuant to Minnesota Statutes, § 299F.011, and Minnesota Rule 7510.3510; over which the city fire marshal will have policy oversight.

    Fire marshal. The city fire marshal and his or her designee or designees, and shall include any enforcement officer under his or her supervision or direction, or other duly authorized representative.

    Interested party. Any known lessee or tenant of a building or affected portion of a building; or any known agent of an owner, lessee, or tenant; or any other known person who maintains or permits a nuisance.

    Nuisance activity. Acts constituting a nuisance under Minnesota Statutes § 617.81, subdivision 2, or two (2) or more violations within a period of twelve (12) months of nuisance provisions of the Saint Paul Legislative Code.

    Owner. The person, firm, corporation or other entity listed in the records on file in the recorder's office as holding fee title to the building. For purposes of notice only, "owner" includes the owner's authorized agent or other person in control of the premises.

    Owner-occupied. Dwellings which are the principal residence of the owner of record of the building and in which the owner resides. "Owner," for the purposes of this definition, means a natural person and does not include a corporation, partnership, or other entity.

    Partial fire certificate of occupancy. A document issued by the department of safety and inspections indicating that a portion of an existing structure complies with all state and local safety codes allowing its use as a commercial building or for residential occupancy. The partial fire certificate of occupancy shall describe specifically which portion of the building is approved for occupancy.

    Property manager or responsible party. An individual(s) with the legal authority to make and act on decisions of tenancy, building maintenance and repairs relating to applicable safety codes.

    Provisional fire certificate of occupancy. A document or emblem issued by the department of safety and inspections to temporarily permit continued occupancy pending a fire certificate of occupancy inspection of the existing structure. Buildings with a provisional fire certificate of occupancy will be granted a fire certificate of occupancy upon the successful completion of fire certificate of occupancy inspection.

    Recorder's office. The county department of property records and taxation, or its division which maintains title and property records, and any successor agency or department thereof.

    Rental dwelling unit. Any room or rooms, or space, in any dwelling designed or used for residential occupancy by one (1) or more persons who are not the owner.

    Residential occupancy. Occupancy in a building or portion thereof, for residential purposes, used or intended to be used for living, sleeping, and/or cooking or eating purposes.

    Revoked fire certificate of occupancy. A status indicating that the building or dwelling is not in compliance with relevant safety codes or that the structure is vacant. Additional inspections are required to gain compliance and to re-instate the fire certificate of occupancy prior to any occupancy or use of the building or dwelling. The structure or portion thereof cannot be occupied while under revocation.

    Safety code or safety codes. Any building, fire, housing, health, safety, zoning or other similar code, law and ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and the City of Saint Paul, or any lawful agency or department thereof, which are applicable to a building in such city. Safety code includes, without any limitation of the foregoing sentence as a result of this specification, the provisions of Chapters 33, 34, 43, 45, 49, 55, 56 and 58 of the Legislative Code.

    Suspended fire certificate of occupancy. A status indicating that the building or dwelling is not in compliance with safety codes and that an enforcement action has been taken. A notice of intent to take additional action is also given at this time. A final period for compliance has been established. Failure to comply may result in additional enforcement action including, but not limited to, revocation or condemnation. The structure or portion thereof may continue to be occupied while under suspension pending compliance.

(C.F. No. 06-1129, § 1, 1-24-07; C.F. No. 09-122, § 3, 2-25-09; Ord 13-52, § 1, 12-4-13)