Winner Chapter 13

No building shall be erected within the fire limits of said City without a continuous sill or plate placed on top of the joists or headers between the studding on top of the joists and also headers or a continuous plate placed directly under the ceiling joists.

No person shall commence the erection of any building within the fire limits of the City without first filing with the City Finance Officer a statement showing the size and the kind of proposed building to be erected within said fire limits and obtaining a permit for the erection of said proposed building of the City.

Prior to issuance of a building permit, the City Building Superintendent shall insure that the proposed building site, as well as any proposed fences shall be constructed in such a manner as to be in conformity with the City Building Code regarding locations therein and distances from the adjacent property lines in accordance with the requirements in the City Zoning Ordinance (Appendix C).

The City Building Inspector and/or the City Planning Commission shall be authorized to require the property owner to have a licensed surveyor set out the property lines if the property lines are in question or not firmly established. This shall be done prior to any excavation or construction.

Commencing at the Northwest corner of Lot 18 Block 6 on Monroe Street, and running south on Monroe Street to the Southwest corner of Lot 13 Block 27; thence east on Fifth Street to the Southeast corner of Lot 13 Block 26; thence north in the alley to the Southeast corner of Lot 20, Block 26; thence east to the Southeast corner of Lot 5 in Block 26; thence north on Madison Street to the Northeast corner of Lot 5 Block 7; thence west on First Street to the Northwest corner of Lot 18 Block 6, the point of beginning, shall be the fire limits of said City; and it shall be unlawful for any person, firm or corporation to erect or construct upon any lot or part of lots within said fire limits any building or other structure of any material other than stone, brink, cement, or cement blocks; and that any building erected or constructed within said fire limits shall be covered with some approved fire proof roofing material, provided, however that upon lots or parts of lots abutting upon either Monroe or Madison Streets or abutting upon First Street and Fifth Street and more than one hundred forty (140) feet from Main Street and within said fire limits; the Council may by resolution passed by two thirds vote of said Council permit the erection of wooden building covered with sheet iron or stucco to be erected or constructed thereon.

That if any wooden buildings now within said fire limits shall be destroyed in whole or in part, or be removed from its present location then said building so destroyed in whole or in part shall not be rebuilt or repaired except with the material provided in Section 13.2.01 hereof. That it shall be unlawful to remove any frame building from its location to a location upon any lot or parts of lot within the fire limits of said City.

The construction, operation and maintenance of gasoline and oil filling stations within or upon any parking or sidewalk on Main Street of the City or upon any parking or sidewalk within a distance of seventy-five feet of such Main Street on any street intersecting such Main Street, and within the fire limits of the City is hereby declared to be dangerous, against public safety and a public nuisance.

Any person, firm or corporation desiring to erect, construct, operate and maintain a filling station or bulk station for the purpose of selling or storing petroleum products, within the limits of the City, shall make application in writing to the Governing Body of the City, which said written application shall show specifically the location, construction of building or buildings, pumps, storage tanks and all appurtenances thereto and shall specify the Lot or Lots and Block upon which station is to be erected or maintained.

All buildings, pumps, storage tanks and appurtenances thereto shall be of such construction as to meet standard Fire Underwriters specifications and all petroleum storage tanks when placed under ground shall be so placed that such storage tank or tanks shall not have an air space or void, around, over or under such storage tank or tanks and shall be covered by at least one and one-half (1½) feet of earth or other suitable material.

Any filling station erected from and after the passage, approval, and publication of this Ordinance shall have the service facilities consisting of pumps and appurtenances thereto so located upon the premises that the vehicles served by such facilities shall not interfere or obstruct the traffic or obscure the clear view of the street or streets adjoining such filling station. In no event shall any filling station or stations be permitted upon the public streets, alleys or parking within the limits of the City, except service facilities erected prior to the passage of this Ordinance.

That upon the approval by the Governing Body of the City of any application for the erection, construction and operation of such filling station the City Finance Officer shall issue a license for the operation thereof which said license shall grant to said applicant the privilege of operating and maintaining a filling station within the limits of the City. A license fee of one (1) dollar per year or fraction thereof shall be charged for such license.

The Council shall make, promulgate and enforce regulations for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases, and for the odorization of said gases used therewith. Such regulation shall be substantially in conformity with the published standards of the National Board of Fire Underwriters as recommended by the National Fire Protection Association covering the same subject matter. Such regulations shall be made by the Council only after an investigation of the matters concerned.

It shall be unlawful for any person to erect, construct, maintain, or operate gasoline or oil filling stations within or upon any parking or sidewalk within a distance of seventy-five (75) feet of such street on any street intersecting said Main Street within the fire limits of the City, and any such person who shall erect construct, maintain, or operate any gasoline or oil filling station within such specified distance shall be guilty of maintaining a public nuisance and upon conviction thereof, shall be fined pursuant to Section 14.01.

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It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the Building Code, Housing Code or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction.

All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Sections 104.1 and 104.2 of the Building Code.

A. Administration - The Building Official is hereby authorized to enforce the provision of this code. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as he may deem necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code.

B. Inspections - The health officer, fire marshal, and building official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.

C. Right of Entry - Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

D. Authorized Representative - Shall include the officers named in Section 13.4.04(B) and their authorized inspection personnel.

All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 13.4.10 of this code.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Section 113 of the Building Code.

A. General - In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy of the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 13.4.14 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the building official, who shall make them freely accessible to the public.

B. Limitations of Authority - The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

Any building or structure that has any or all of the following conditions or defects shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants are endangered.

A. Whenever any door, aisle, passageway, stairway, elevators, fire escapes, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;

B. Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;

C. Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one half (1½) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location;

D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings or similar structure, purpose, or location;

E. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated, decayed, unsafe, unsanitary, or deteriorated that it:

2. Fails to provide the amenities essential to decent living and is unfit for human habitation;

3. Is likely to cause sickness, disease, or cause injury to the health, morals, safety, or general welfare of those living therein;

5. Enables persons to resort thereto for the purpose of committing unlawful or immoral acts.

F. Those having lights, air, or sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein;

G. Whenever any portion or member or appurtenance thereof is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property;

H. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one half (½) of that specified in the Building Code for new buildings or similar structure, purpose, or location without exceeding the working stresses permitted in the Building Code for such buildings;

I. Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

J. Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of:

3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

K. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe, unsanitary, or dangerous to the health, morals, safety, general welfare of the people of the City, or for the purpose for which it is being used;

L. Whenever the interior or exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base;

M. Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;

N. Whenever the building has improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

O. Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this City, as specified in the Building Code or Housing Code, any provision of the fire prevention code, or any law or ordinance of this state or City relating to the condition, location, or structure of buildings;

P. Whenever any building or structure which, whether erected or not in accordance with all applicable laws and ordinances, has in any non-supporting part, member, or portion less than fifty (50) percent, or in any supporting part, member, or portion less than sixty-six (66) percent of the:

3. Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.

Q. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;

R. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exists, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;

S. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence; or

T. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

A. Commencement of Proceedings - Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation or demolition of the building.

B. Notice and Order - The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

1. The street address and a legal description sufficient for identification of the premises upon which the building is located.

2. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 13.4.09 of this code.

3. A statement of the action required to be taken as determined by the building official.

a. If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefore and the work physically commenced within such time (not to exceed sixty (60) days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances.

b. If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable.

c. If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed) sixty (60) days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable.

4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.

5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the Board of Appeals, provided the appeal is made in writing as provided in this code and filed with the building official within thirty (30) days from the date of service of such notice and order; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

C. Service of Notice and Order - The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property. One (1) copy thereof shall be served on each of the following if known to the building official or disclosed from official public records:

1. The holder of any mortgage or deed or trust or other lien or encumbrance of record;

3. The holder of any other estate or legal interest of record in or to the building or the land on which it is located.

The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this Section.

D. Method of Service - Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

E. Proof of Service - Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.

If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.

The following standards shall be followed by the building official (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:

A. Any building declared a dangerous building under this code shall be made to comply with one of the following:

1. The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or

3. If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured, and maintained against entry.

B. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.

A. Posting - Every notice to vacate shall, in addition to being served as provided in Section 13.4.10(C), be posted at or upon each exit of the building and shall be in substantially the following form:

UNSAFE TO OCCUPY

It is a misdemeanor to occupy this building,

or to remove or deface this notice.

Building Official

________ of ________

B. Compliance - Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued by him under Section 13.4.10(B), reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code.

A. Form of Appeal - Any person entitled to service under Section 13.4.10(C) may appeal from any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal containing:

1. A heading in the words: "Before the Board of Appeals of the ________ of ________".

2. A caption Reading: "Appeal of ________," giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

6. The signatures of all parties named as appellants and their official mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

The appeal shall be filed within thirty (30) days from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such condition as to made it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 13.4.13, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the building official.

B. Processing of Appeal - Upon receipted of any appeal filed pursuant to this Section, the building official shall present it at the next regular or special meeting of the Board of Appeals.

C. Scheduling and Noticing Appeal for Hearing - As soon as practicable after receiving the written appeal, the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal.

Failure of any person to file an appeal in accordance with the provisions of Section 13.4.14 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof.

Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

Except for vacation orders made pursuant to Section 13.4.12, enforcement of any notice and order of the building official issued under this code shall be stayed during the pending of an appeal there from which is properly and timely filed.

A. Hearing Examiners - The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted by him to the board of decision.

B. Record - A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board.

C. Reporting - The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefore. Such fees may be established by the board, but shall in no event be greater than the cost involved.

D. Continuances - The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by him for good cause shown so long as the matter remains before him.

E. Oath/Certification - In any proceedings under this Article, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.

F. Reasonable Dispatch - The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

The notice to appellant shall be substantially in the following form, but may include other information:

"You are hereby notified that a hearing will be held before (the Board of Appeals or name of hearing examiner) at __________ on the ________ day of __________, 20__, at the hour ________, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with (Board of Appeals or name of hearing examiner)."

A. Filing of Affidavit - The board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefore which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular.

B. Cases Referred to Examiner - In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner.

C. Penalties - Any person who refuses without lawful excuse to attend any hearing or to produce material evidence in his possession or under his control as required by any subpoena served upon such person as provided for herein shall be guilty of a Class II Misdemeanor.

A. Rules - Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

C. Hearsay Evidence - Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

D. Admissibility of Evidence - Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

E. Exclusion of Evidence - Irrelevant and unduly repetitious evident shall be excluded.

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called him to testify;

6. To represent himself or to be represented by any one of his choice who is lawfully permitted to do so.

1. What may be Noticed In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board of departments and ordinances of the City or rules and regulations of the board.

2. Parties to be Notified Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.

3. Opportunity to Refute Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the board of hearing examiner.

4. Inspection of the Premises The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that:

a. Notice of such inspection shall be given to the parties before the inspection is made, and

b. The board or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn there from. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner.

A. Hearing Before Board Itself - Where a contested case is heard before the board itself, no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision.

B. Hearing Before Examiner - If a contested case is heard by a hearing examiner along, he shall within a reasonable time (not to exceed ninety (90) days from the date the hearing is closed) submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examiner's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be adopted by the board as its decision in the case. All examiner's reports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board.

C. Consideration of Report by Board-Notice - The board shall fix the time, date, and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each interested party not less than five (5) days prior to the date fixed, unless it is otherwise stipulated by all of the parties.

D. Exceptions to Report - Not later than two (2) days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the board, any party may present in its entirety, or may modify the proposed decision.

E. Proposed Decision Not Adopted - If the proposed decision is not adopted ~~as provided in subsection (e)~~, the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, he shall prepare a report and proposed decision as provided in (B) hereof after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this Section.

F. Form of Decision - The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested.

A. General - After any order of the building official or the Board of Appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a Class II Misdemeanor and shall be fined pursuant to Section 14.01.

B. Failure to Obey Order - If, after any order of the building official or Board of Appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may cause such person to be prosecuted under (A) or institute any appropriate action to abate such building as a public nuisance.

C. Failure to Commence Work - Whenever the required repair or demolition is not commenced within thirty (30) days after any final notice and order issued under this code becomes effective:

DANGEROUS BUILDING DO NOT OCCUPY

It is a misdemeanor to occupy this building,

or to remove or deface this notice.

Building Official

________ of ________

2. No person shall occupy any building which has been posed as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code.

3. The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris there from removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.

Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the building official may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation, or demolition of the premises and will not in any way affect the time to appeal his notice and order.

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building as been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.

A. Procedure - When any work of repair or demolition is to be done pursuant to Section 13.4.23(C)(3) of this code, the building official shall issue his order therefore to the director of public works and the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of said director. Plans and specifications therefore may be prepared by said director, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed.

B. Costs - The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate.

A. General - The legislative body of this jurisdiction shall establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the director of public works to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.

B. Maintenance of Fund - The legislative body may at any time transfer to the repair and demolition fund, out of any money in the general fund of this jurisdiction, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and may sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of this jurisdiction who shall credit the same to the repair and demolition fund.

The director of public works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 13.4.23(C)(3) of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 13.4.10(C).

Upon receipt of said report, the clerk of this jurisdiction shall present it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections thereto. The clerk of this jurisdiction shall cause notice of said hearing to be posed upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appear on the last equalized assessment roll of the county, if such so appear, or as known to the clerk. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour and place when the legislative body will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge.

Any person interested in or affected by the proposed charge may file written protests or objections with the clerk of this jurisdiction at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The clerk of this jurisdiction shall endorse on every such protest or objection the date it was received by him. He shall present such protests or objections to the legislative body of this jurisdiction at the time set for the hearing, and no other protests or objections shall be considered.

Upon the day and hour fixed for the hearing the legislative body of this jurisdiction shall hear and pass upon the report of the director together with any such objections or protests. The legislative body may make such revision, correction or modification in the report or the charge as it may deem just; and when the legislative body is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the legislative body of this jurisdiction on the report and the charge, and on all protests or objections, shall be final and conclusive.

A. General - The legislative body of this jurisdiction may there upon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved.

B. Personal Obligation - If the legislative body of this jurisdiction orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney for this jurisdiction to collect the same on behalf of this jurisdiction by use of all appropriate legal remedies.

C. Special Assessment - If the legislative body of this jurisdiction orders that the charge shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against a lien upon the property.

The validity of any assessment made under the provisions of this Article shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within thirty (30) days after the entry of such judgment.

The legislative body of this jurisdiction, in its discretion, may determine that assessments in amount of five hundred (500) dollars or more shall be payable in not to exceed five equal annual installments. The legislative body's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment.

A. Priority - Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.

B. Interest - All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of seven (7) percent per annum from and after said date.

After confirmation of the report, certified copies of the assessment shall be given to the assessor and the tax collector for this jurisdiction, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

If the county assessor and the county tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.

The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection, and enforcement of property taxes shall be applicable to such assessment.

If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary property taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes.

All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund.

Any person desiring to erect, alter or repair or remove any building, into or within the corporate limits shall file an application therefore with the City Finance Officer for a permit for such purposes, and furnish plans and specifications sufficient for the Council to determine whether such building, alteration or repair is in compliance with the provisions of this Article and shall furnish plans and specifications, together with a photograph of any building proposed to be moved into the City or of any building proposed to be moved from one location to another within the City, and if said permit is granted by the Council the applicant shall furnish a bond to the City in the sum of five hundred (500) dollars for the faithful performance of and the carrying out of the alteration or repair of any such building moved into the City limits of said City, according to the application of the person applying for such permit, and such bond shall be approved by the Council and when said bond is so approved such permit shall be signed by the City Finance Officer.

It shall be unlawful to erect, alter, or repair or move into said City or remove any buildings within the corporate limits of the City located outside of the fire limits of said City any building or addition to any building without first having complied with the provisions of Section 13.5.01 hereof.

Any person moving any house or building over or across any paved street shall when so provided in the permit, or when directed by the Street Commissioner having charge of the streets of the City, cause such paved street to be protected by laying planks thereon.

Nothing in any permit granted in pursuance of the provisions of this Article shall be construed as authorizing the holder thereof to break, injure or move any telegraph, telephone, electric motors or electric line, wire or poles, or in any way injure any shade tree or other property without permission of the owner or owners thereof.

No building or part of building shall be allowed to stand still in any public street or on any public ground in said City for more then twenty-four consecutive hours without written permission

It shall be unlawful to move in, alter, erect or remove to any of the grounds included within the fire limits of the City any building or addition to any building not made and built with entire outside walls composed of stone, cement, hollow tile, brick, or other hard and noncombustible material, not less than six (6) inches thick, and roofed with slate, tin, zinc, iron, cement, asbestos, magnesia, or other fireproof roofing; nor rebuild or repair any wooden building, with become damaged by fire, or otherwise decayed to the extent of fifty (50) percent or more of the value thereof, and no wooden building shall be repaired so as to be raised higher or to occupy a greater space than before.

Buildings proposed to be erected or removed to other grounds, or additions made thereto, within said fire limits, the outer walls of which are or are proposed to be constructed in whole or in part of wood to be covered with corrugated iron or other metal, or veneered with brick, or a wooden frame building the walls of which are to be covered with stucco or similar material, shall be deemed under this Article a wooden building, and such outer walls of combustible materials are hereby prohibited within said fire limits.

The amount or extent of damage or decay or deterioration which may be done to any building, when in doubt, may be determined by three disinterested persons, residents of the City, one of whom shall be appointed by the mayor, one by the owner of the building or his agent, and the two thus chosen shall select a third. If the owner or his agent refuse to make a selection the Council shall select for him, and the decision of the persons thus chosen will be final and conclusive, and shall be reported to the Council

Any building or addition to buildings hereafter erected or constructed within the fire limits in violation of the terms hereof, are hereby declared to be public nuisances, and it shall be the duty of the Council to forthwith abate the same. Any person violating the provisions of this Article by building, or aiding or abetting in building any such structure herein prohibited, shall be deemed guilty of a Class II Misdemeanor and fined pursuant to Section 14.01.

The cost of abating such nuisance shall be collectible from the owner of the property and may be established as a lien on said real estate, building, or material thereof. Each day's violation of any of the provisions of this Article shall constitute a separate offense.

All furnaces and smoke flues within the City limits shall be kept at least twelve (12) inches from the woodwork. All furnaces shall be placed upon noncombustible foundations, which shall extend two (2) feet in front of the ash pit. Floors under stoves shall be protected by some noncombustible covering. The wood in boiler houses shall be at least six (6) feet from the boiler, unless sufficiently protected by noncombustible material, and all floors for boiler houses or room shall be of noncombustible material and shall extend not less than eight (8) feet from the boiler.

Every public hall within the City limits designated to accommodate two hundred fifty (250) people or more shall have at least two exits, each at least five (5) feet wide, and the doors to such exits shall open outward, and no chairs or seats shall be allowed in the aisles when the audience is present.

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The Council may examine or cause to be examined the chimneys and flues within the City limits, and if found in unsafe condition on account of the liability of fire to originate there from, and shall serve notice in writing upon the owner, agent, or occupant of said building specifying therein the chimney or flue, so found to be unsafe, and the repairs or changes required so as to make it safe and conformable to the provisions of this Article and said owner, agent, or occupant shall immediately place said chimney or flue in the condition required by said notice.

It shall be unlawful for any person to set or cause to be set or allow to be set upon their premises any open fire.

It shall be unlawful for any person to deposit or stack any hay, straw, or other inflammable material upon or within the corporate limits of this City, so as to be a fire hazard.