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CHAPTER 13 Article 1 – General
Regulations Section
13.1.01
Requirements to Erect Building 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.
Section
13.1.02
Filing a Statement 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.
Section
13.1.03
Building Permits 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.
Article 2 – Fire Zone
Section
13.2.01
Establishment of Fire Zones 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.
Section
13.2.02
Wooden Buildings 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.
Article 3 – Filling Stations Section
13.3.01
Prohibited Location 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.
Section
13.3.02
Written Application 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.
Section
13.3.03
Built to Meet Specifications 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.
Section
13.3.04
Service Facilities 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.
Section
13.3.05
Granting of License 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.
Section
13.3.06
Enforcement of Regulations 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.
Article 4 – Dangerous
Buildings 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.
Section
13.4.03
Alterations, Additions, and Repairs 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.
Section
13.4.05
Abatement of Dangerous Buildings 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.
Section
13.4.07
Inspection of Work 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.
Section
13.4.08
Board of Appeals 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.
Section
13.4.09
Dangerous Building 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:
1.
Is an attractive nuisance to children; 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; 4.
Is a harbor for vagrants, criminals, or immoral persons; or
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:
1.
Dilapidation, deterioration or decay; 2.
Faulty construction;
3.
The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
4.
The deterioration, decay or inadequacy of its foundation; or
5.
Any other cause.
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:
1.
Strength; 2.
Fire-resisting qualities or characteristics; or
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.
Section
13.4.10
Notices and Orders of Building Official 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; 2.
The owner or holder of any lease of record; and
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. |
