10-1-7 INDEMNIFICATION.

   The applicant for any permit under this Code, by making such application, assumes and agrees to pay for all loss or damage to property whatsoever, and injury to or death of any person or persons whomsoever, including all costs and expenses incidental thereto, however arising from, or in connection with, or related to the issuance of such permit or the doing of anything thereunder, or the failure of such applicant, or the agents, employees, or servants of such applicant, to abide by or comply with any of the provisions of this Code or any other ordinance of the City; and such applicant, by making such application, forever indemnifies the City, its officers and employees, and agrees to save it and them harmless from any and all claims, demands, lawsuits, or liability whatsoever for any loss, damage, injury or death, costs and expenses, by reason of the foregoing, even though acts or omissions of the City, its officers or employees, may have caused or contributed thereto. The foregoing provisions shall be deemed to be a part of any permit issued under this Code whether expressly recited therein or not.

10-1-8 PERMIT REQUIREMENTS, CONDITIONS, AND FEES.

   1.   Required. Any owner or authorized agent who intends to repair, add to, alter, relocate, demolish, or change the occupancy of a building or to repair, install, add, alter, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this Code, or to cause any such work to be done, shall not do so without first securing a permit from the Community Development Department.

   2.   Issuance. After proper application on forms provided by the Community Development Department, permits shall be issued in the name of the property owner or of a firm or corporation registered with the State Division of Labor Services, according to their rules and standards. The property owner or authorized representative of the firm or corporation named on the registration shall sign all applications for permits. Permits are not transferable unless a new application is provided and signed by the new applicant. No permits shall be issued to any person, firm, or corporation who has fees outstanding or who has outstanding violations of any ordinance of the City.

   3.   Fees. There shall be a fee paid for the issuance of permits. Permit fees, fees for other inspections, temporary certificate of occupancy application fees, temporary CO extension fees, work without a permit fees, and permit reissuance fees shall be set forth in a fee schedule established and approved, from time to time, by the Council. Fees on all buildings or structures constructed by any unit of the government or nonprofit organization may be waived by the Council. No fees shall be collected on buildings or structures constructed by or for the City.

   4.   Expiration:

      A.   Every permit issued under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 90 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 60 days. Expired permits are subject to permit re-issuance fees as set forth in the adopted fee schedule.

      B.   All permits shall expire after 365 days unless an extension is requested in writing to the Construction Services Administrator 14 days prior to expiration of said permit. The Construction Services Administrator may refuse any extension, but shall do so in writing within seven days of receipt of the extension request. Expired permits are subject to permit re-issuance fees as set forth in the adopted fee schedule.

      C.   In addition, any time work is suspended or abandoned for more than 10 days, the permit shall expire due to neglect if the site is not properly secured, including:

         (1)   Removal of all construction debris, materials, weeds, etc., that makes the area unsightly and creates a public nuisance.

         (2)   A fence to protect any excavation, including open basement foundations, in order to prevent the creation of an attractive nuisance in the neighborhood.

         (3)   Ground cover, silt fencing, etc., shall be provided to help prevent erosion and damage to surrounding properties. Consideration may be given to proximity of the construction site, as described in Chapter 11 of this title.

   5.   Revocation. Any permit required by the provisions of this Code may be summarily revoked by the Construction Services Administrator upon the violation of any provision of this Code.

   6.   Outstanding Permits. If a permit is outstanding on the effective date hereof, the provisions of this chapter, the International Building Code, 2021 edition, and the International Residential Building Code, 2021 edition, adopted hereby, shall apply to the work authorized by such permit, except to the extent that the Construction Services Administrator shall determine that the application of such provisions to said work would be unreasonable. The burden shall be upon the holder of such permit to show the unreasonableness of such provisions.

   7.   Work without Permit. If any repairs, additions, alterations, or demolitions to any building or portions of any building or any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this Code, the work having been completed without first obtaining a permit, the owner shall have the responsibility to certify that the work has been completed in accordance with the applicable codes. The Construction Services Administrator shall determine the appropriate level of special inspection necessary to ensure that the work was completed in accordance with the applicable codes. Special inspections shall be performed by an approved inspector who is qualified or licensed to inspect work similar to that which is being performed. Work without a permit, other than minor work initiated for plan execution, will be subject to fees as set forth in the adopted fee schedule.

10-1-9 BUILDING OFFICIAL.

   For the purposes of this Code, the Construction Services Administrator may also be referred to as the Building Official. It shall be the duty of the Construction Services Administrator, appointed under provisions of the Community Development Director, to administer and enforce the provisions of this chapter and to make any required inspections or tests. A person or persons may be appointed as assistants or agents of the Construction Services Administrator as may be necessary to carry out the provisions of this chapter. For the purpose of making inspections, tests, or otherwise discharging their official duties, the Construction Services Administrator, or an appointed assistant or agent, shall have the right to enter, at any time, any building, area, or manhole upon notifying the company or individual owning or having charge or control of the same. Whenever, in the judgment of the Construction Services Administrator, any structure is suspected of being or found to be defective or dangerous, or whenever, from any cause, the premises shall be in such defective condition as to be in danger of fires, or accident to workers, or the general public, the Construction Services Administrator shall at once order the removal of such defects and the remedying of such improper condition.

10-1-10 INSPECTION.

   Except as otherwise provided in this Code, no person shall cover or conceal or cause to be covered or concealed any new construction, electrical, plumbing, or mechanical systems or apparatus for which a permit has been issued, until such new construction, electrical, plumbing, or mechanical systems or apparatus have been inspected and approved as required by this Code. The Construction Services Administrator shall have authority to remove or cause the removal of any obstructions which may prevent the proper inspection of new construction, electrical, plumbing, or mechanical systems or apparatus. Upon the completion of the new construction, electrical, plumbing, or mechanical systems or apparatus in any building, it shall be the duty of the company, firm, or individual doing the same to notify the Construction Services Administrator, who shall inspect the same on receipt of such notice for conformance to the provisions of this Code. Certificates of Occupancy shall not be issued unless the new construction, electrical, plumbing, or mechanical systems or apparatus are in conformity with the rules and regulations set forth in this Code.

10-1-11 STOP WORK ORDER.

   1.   Authority. Whenever the Construction Services Administrator finds any work regulated by this Code being performed in a manner either contrary to the provisions of this Code or dangerous or unsafe, the Construction Services Administrator shall be authorized to issue a stop work order.

   2.   Issuance. The stop work order shall be in writing and shall state the reason for the order and the conditions under which the work will be permitted to resume. The stop work order shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, all work shall immediately cease. All other persons shall vacate the job site immediately or be subject to penalties as prescribed by law.

   3.   Unlawful Continuance. Upon issuance of a stop work order, all work shall immediately cease and all persons shall vacate the job site immediately. Any work on the premise shall be limited to the removal or correction of the violation or unsafe condition.

10-1-12 DELETIONS.

   The following are deleted from the IBC and IRC and are of no force or effect in this chapter:

   1.   IBC Sections:

      A.   101.4   Referenced Codes

      B.   103.3   Deputies

      C.   104.5   Identification

      D.   104.10.1   Flood Hazard Areas

      E.   105.1.1   Annual Permit

      F.   105.1.2   Annual Permit Records

      G.   105.2    Work Exempt From Permit Under Building Subsection, Item numbers 1, 2, 9, and 10

      H.   105.3.2   Time Limitation of Application

      I.   105.5   Expiration

      J.   105.7   Placement of Permit

      K.   110.3.6   Lath, Gypsum Board, and Gypsum Panel Product Inspection

      L.   111.2   Certificate Issued Item number 10, 11

      M.   Delete   Ch. 13 Energy Efficiency

      N.   Delete   Ch. 28 Mechanical Systems

      O.   Delete   Ch. 29 Plumbing Systems

   2.   IRC Sections:

      A.   R103.3    Deputies

      B.   R104.5    Identification

      C.   R105.2    Work Exempt from Permit Under Building Subsection, Item numbers 1, 2, 7, and 10

      D.   R105.3    Application for Permit Item number 5

      E.   R105.3.2    Time Limit of Application

      F.   R105.5    Expiration

      G.   R105.7    Placement of Permit

      H.   R110.3   Certificate Issued Item number 8

      I.   Delete   Ch. 11 Energy Efficiency

      J.   Delete   Ch. 25- Ch. 33 Plumbing

      K.   Delete   Ch. 34-43 Electrical

10-1-13 AMENDMENTS TO ADMINISTRATION.

   The paragraphs in this section represent amendments to the requirements contained in the IBC and IRC.

   Those section numbers preceded by “R” represent sections contained in the IRC; those section numbers without an “R” represent sections contained in the IBC.

   1.   Sections 103.1, R103.1 Creation of Enforcement Agency. Delete section and add the following in lieu thereof:

      A.   The Code Enforcement Agency created to enforce the provisions of this chapter shall be known and referred to as the Community Development Department. For purposes of this chapter, the Department of Building Safety shall also be known and referred to as the Community Development Department. The Building Official in charge thereof shall be known as the Construction Services Administrator.

   2.   Sections 103.2, R103.2 Appointment. Delete section and add the following in lieu thereof:

      A.   The Construction Services Administrator shall be appointed by the Community Development Director.

   3.   Section 105.2 Work Exempt from Permit, Under Building Subsection. Delete item number 6 and add the following in lieu thereof:

      A.   Private sidewalks and driveways

   4.   Section R105.2 Work Exempt from Permit, Under Building Subsection. Delete item number 5 and add the following in lieu thereof:

      A.   Private sidewalks and driveways.

   5.   Sections 111.2, R110.3. Add the following new to form sections 111.2.1 and R110.3.1 Certificate Issued:

      A.   On all permitted construction or activity, the site improvements, including, but not limited to, sidewalks, driveways, and approaches, seeding, sod, trees, screening of rooftop mechanical units, and any other site plan requirements are to be installed before a final Certificate of Occupancy is issued.

   6.   Sections 111.3, R110.4 Temporary Occupancy. Add the following sentence after the second sentence:

      A.   Prior to the issuance of a temporary occupancy certificate, the permit holder shall file a temporary occupancy permit application on forms provided by the Community Development Department. If the temporary occupancy permit application is accepted, a temporary occupancy certificate may be issued subject to the execution of an agreement to complete and security bond. A permanent Certificate of Occupancy will be issued upon completion of all outstanding improvements listed within the agreement to complete.

   7.   Sections 113.1, R112.1 add the following new subsections:

      A.   113.1.1 and R112.1.1 Granting of Hearing: Any person affected by a decision of the Construction Services Administrator may request, and shall be granted a hearing on the decision, as described in Title 2, Chapter 2 of this Code of Ordinances.

   8.   Section 114.4, R113.4 Violation Penalties. Delete section and insert the following in lieu thereof:

      A.   Violations of the provisions of this chapter, or failure to comply with any of its requirements, shall constitute a municipal infraction as set forth in Title 1, Chapter 4A of the this Code. Each day that a violation occurs shall constitute a separate offense. In the event that the City seeks court intervention for a violation of any provision of this chapter, the City may seek reimbursement for reasonable attorney fees and additional costs. Nothing herein contained shall prevent the City from taking such other lawful actions as necessary to prevent or remedy violations.