The Building Inspector shall be the city official who shall have the duty of enforcing all city building and housing regulations, if any. He or she shall inspect all buildings repaired, altered, built or moved in the city as often as necessary to ensure compliance with all city ordinances. He or she shall have the power and authority to order, at the direction of the City Council, all work stopped on any construction, alteration or relocation which violates any provisions prescribed in any city building and housing regulations. He or she shall, at the direction of the City Council, issue permission to continue any construction, alteration or relocation when the City Council is satisfied that no provision will be violated. If the stop order is an oral one, it shall be followed by a written stop order within one hour. This written order may be served by any city police officer. In the event that the city has building and housing regulations and the Mayor fails to appoint a Building Inspector, the chief city law enforcement officer shall be the Building Inspector ex officio.
It shall be unlawful for any person to refuse to allow the Building Inspector entry into any building or structure where the work of construction, alteration, repair or relocation is taking place, for the purpose of making official inspections at any reasonable hour.
Penalty, see § 9-701
Section
9-201 Building permits; required
9-202 Building permits; application, approval, issuance
9-203 Building permits; variances not permitted
9-204 Building permits; permit limitations, expiration, reissuance, unlawful initiation or continuance, abatement
9-205 Commercial buildings outside fire limits; prohibited, exception provided
9-206 Commercial buildings outside fire limits; expansion, notice to property owners
9-207 Commercial buildings outside fire limits; expansion, when allowed
9-208 Building permits; barricades and lights
9-209 Building permits; fees for application and permit
9-210 Building permits; duplicate to County Assessor
9-211 Building permits; violations; penalty
9-212 Building demolition; purpose
9-213 Building demolition; definition
9-214 Building demolition; permit required
9-215 Building demolition; safety and registration requirements
9-216 Building demolition; liability insurance
9-217 Building demolition; application
9-218 Building demolition; barricades
9-219 Building demolition; utility lines
9-220 Building demolition; burning material
9-221 Building demolition; completion
9-222 Building demolition; stop order
Any person desiring to commence or proceed to erect, construct, enlarge, repair or relocate any building or other structure, including fences of all kinds and sidewalks, or cause the same to be done, within the municipality and up to one mile in all directions of said corporate limits, shall file with the Municipal Clerk an application for a building permit. The application shall be in writing on a form to be furnished by the Municipal Clerk for that purpose. Every such application shall set forth the legal description of the land upon which the construction or relocation is to take place, the nature of the use or occupancy, the principal dimensions, the estimated cost, the names of the owner, architect and contractor, the materials to be used and such other information as may be requested thereon. The application, plans and specifications so filed with the Municipal Clerk shall be checked and examined by the governing body, and, if they are found to be in conformity with the requirements of Chapter 9 and all other ordinances applicable thereto, the governing body shall authorize the Municipal Clerk to issue said applicant a permit upon the payment of the permit fee set by resolution of the governing body. Nothing herein shall require the issuance of a building permit prior to a repair of improvements to real estate, which repair does not alter or extend the outer dimensions of any existing improvement.
(Ord. 399, passed 7-5-1989; Ord. 705, passed 6-3-2003)
Application to erect, construct, enlarge, improve, repair or relocate a building or other structure located within the corporate limits or the municipality and up to one mile in all directions of said corporate limits shall be filed in compliance with § 9-201. Said application shall be in writing, filed with the Municipal Clerk, addressed to the Mayor and City Council and shall be accompanied by all documents and information required above in § 9-201. If such application and included information are in conformity with the provisions of this code, the governing body shall order the issuance of the requested permit to the applicant.
(Ord. 705, passed 6-3-2003)
It shall be unlawful for any person to whom a permit to erect, construct, enlarge, improve, repair or relocate a building or other structure located within the corporate limits of the municipality, or within one mile in all directions of said corporate limits, is issued, as provided by this article, to vary from the plans and specifications submitted to the governing body in the erection, construction, improvement, relocation or repair authorized, in any manner so that such erection, construction, improvement, relocation or repair shall not conform to the provisions of this code.
(Ord. 705, passed 6-3-2003) Penalty, see § 9-211
(A) Any project permitted by a building permit issued by the municipality shall be completed within 365 days of the date of issuance.
(B) All building permits issued by the municipality shall expire 365 days after the date of issuance. No person shall initiate or continue work on any project permitted by a building permit which has expired.
(C) Any person holding an expired building permit may apply for a new building permit. If the project permitted by the expired building permit has been initiated prior to the expiration of any permit, any new permit building permit shall be issued and approved pursuant to the regulations and ordinances existing at the time of the issuance of the original permit. If the project permitted by the expired building permit had not been initiated prior to the time of its expiration, any new building permit shall be issued and approved pursuant to the ordinances and regulations existing at the time of the new application.
(D) In case a project for which there is not a valid, unexpired building permit is initiated or continued, the governing body or law enforcement officials, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful initiation or continuance of such project or to restrain, correct or abate such violation, to prevent the occupancy of the premises on which said violation occurred, or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 705, passed 6-3-2003) Penalty, see § 9-211
No building shall be erected or constructed in that area of the municipality outside of the fire limits, as defined in this code, for retail, wholesale, industrial, manufacturing or other commercial purpose, nor shall any existing building be used for any such purpose, except when a building permit is allowed to be issued by the governing body as provided by the provisions of this code.
(Ord. 705, passed 6-3-2003) Penalty, see § 9-211
In those portions of said municipality outside the fire limits, the governing body may authorize commercial structures and uses in the normal continuance expansion of commercial structures and into additional territory outside the fire limits, but any applicant for such permit shall, at least ten days prior to the action thereon by the governing body, give notice of the pendency of said application to all owners of property abutting the proposed location of said structure, and to all owners of residences within 100 feet of said location and furnish proof of said notice to the governing body. The notice required by this section may be served personally or by mailing.
(Ord. 705, passed 6-3-2003)
(A) The governing body may, at its discretion, authorize construction and uses of buildings for retail, wholesale, industrial, manufacturing or other commercial purposes at other locations outside said fire limits when it will be conducive to the public welfare and where there is first filed with the Municipal Clerk the written consent of persons owning three-fourths of the property within 300 feet of said proposed location, together with the written consent of the persons owning the lots and partial lots within 50 feet of the premises upon which it is proposed to locate or use said structure for retail, wholesale, industrial, manufacturing or other commercial purposes.
(B) Buildings authorized as provided in this section shall be located at such points on the real estate and shall have such setback lines as the governing body may specify.
(Ord. 705, passed 6-3-2003)
It shall be the duty of the owner, tenant, lessee or contractor, and any or all of them during the construction of any building or improvement upon or near the line of any public street, highway, alley or sidewalk, to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day, and by red warning lights at night. In case of the failure, neglect or refusal of said persons, or any of them, to erect such guards and keep said street, highway or sidewalk well and securely guarded, it shall be the duty of the City Supervisor, or other designated municipal employee, to forthwith stop all work upon said buildings and improvements until said guards are erected and kept in the manner aforesaid.
(Ord. 705, passed 6-3-2003)
The Municipal Clerk shall, at the time of filing the application for the issuance of any permit as aforesaid, charge and collect in advance a fee of $25. Said fee shall be the property of the municipality and shall be paid over to the Municipal Treasurer for credit to the General Fund of the municipality.
(Ord. 705, passed 6-3-2003; Ord. 722, passed 4-6-2004)
Whenever a building permit is issued for the erection, alteration, relocation or repair of any building within the corporate limits of the municipality, and up to one mile in all directions from said corporate limits, and the improvement is $2,000 or more, a duplicate of such permit shall be issued to the County Assessor.
(Ord. 705, passed 6-3-2003)
Any person, or any persons, agent or servant, who violates any of the provisions of §§ 9-201 through 9-210, unless otherwise specifically provided herein, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in a sum not less than $100, nor more than $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of §§ 9-201 through 9-210.
(Ord. 705, passed 6-3-2003)
ACTIONS BY THE MUNICIPALITY. Actions undertaken pursuant to the authority of either the Mayor or the City Council.
DEMOLISH. Includes the razing, tearing down or removal of all or part of a building; the removal of the outer facing of a building but leaving a skeleton or structural frame; and the removal of an upper story or stories of a building.
(Ord. 968, passed 10-4-2022)
No person shall demolish or remove a building, or part thereof, without first having obtained a permit from the municipality.
(Ord. 968, passed 10-4-2022) Penalty, see § 9-701
All demolition work shall be performed in conformance with Safety Requirements for Demolition, ANSI A10.6-1969, as published by American National Standards Institute, Inc. Any commercial contractor performing demolition work shall be registered with the State Department of Labor.
(Ord. 968, passed 10-4-2022)
Whenever any building which is to be demolished has been used or is being used as a residential building or for any commercial use permitted, the municipality shall require that the person applying for the demolition permit file a certificate evidencing liability insurance coverage in the minimum sum of $1,000,000 as a condition to the granting of the demolition permit. Such insurance coverage shall include both bodily injury and property damage liability protection for the property owner, his or her contractor and the municipality against all claims arising out of the demolition of the building. The municipality may require a certificate evidencing liability insurance coverage in excess of the minimum sum stated above, and all certificates of insurance shall be approved by the City Attorney.
(Ord. 968, passed 10-4-2022)
To obtain a demolition permit, the applicant shall first file an application therefor in writing on a form furnished by the Municipal Clerk. Such application shall set forth a statement of the facts necessary to fully describe the building, its use, provide certification to the City Clerk that the building(s) about to be demolished has been inspected by a certified asbestos inspector or asbestos-removal contractor and that either no asbestos hazard exists or that all asbestos has been properly removed and disposed, its legal description and address. The application shall state the disposal location for any asbestos materials. Provisions shall be made by the applicant for the proper abandonment of all utilities as required by this code before a demolition permit may be issued. The application shall be signed by the person who will perform the demolition work.
(Ord. 968, passed 10-4-2022)
(A) No person shall perform any demolition work on any building or structure if, by so doing, he or she endangers persons or property on adjacent real estate or pedestrians on the street that abuts the property line unless the persons, property or pedestrians are protected as specified below.
(B) Protection shall be provided for pedestrians on all sides of a building being demolished that borders on a public street or alley by providing a covered walkway four feet in clear width and seven feet in clear height. Such walkway shall be covered on top with two-inch (nominal) planking as a minimum and the sides next to the building shall be covered with plywood or other materials approved by the municipality. The side of the walkway next to the street shall have a splash guard at least two feet in height to protect the pedestrian from splashing caused by passing automobiles. The municipality may also require a raised subfloor in the walkway. The space within the walkway and the approaches thereto shall be kept well lighted with artificial lighting continuously between sunset and sunrise.
(C) Any building which is set back more than six feet from the street or alley property line may, in lieu of the covered walkway, be protected by a tightly built fence six feet high approved by the municipality. The remainder of the property shall be enclosed with a fence not less than four feet high. All material and debris being removed from the premises shall be sufficiently wetted down to settle any dust caused by its removal.
(D) A substantial protective frame and boarding shall be built around and over every streetlight, utility box, fire or police alarm box, fire hydrant, catch basin and manhole which may be damaged due to work being performed under the permit. This protection shall be maintained until such work is complete.
(E) The municipality may waive these requirements and/or approve alternative means of protecting the public.
(Ord. 968, passed 10-4-2022) Penalty, see § 9-701
Water supply and service pipes must be disconnected and sealed in accordance with municipal water system regulations. House sewers must be disconnected and sealed in accordance with the municipal sanitary sewer system regulations.
(Ord. 968, passed 10-4-2022)
All demolition work must be completed within 90 days from the date of the demolition permit. To be considered complete, all materials from the demolished structure, including, but not limited to, foundation and concrete slabs, must be removed from the premises. Upon completion of the demolition work, the applicant shall clean the premises of all remaining debris, fill in the excavation and grade the area with top soil or other material approved by the municipality.
(Ord. 968, passed 10-4-2022)
The municipality shall have the authority to stop the demolition or removal of any building or structure, or part thereof, when the same is being done in a reckless or careless manner, or in violation of the provisions of this code or any other ordinances of the city. When such work is stopped by order of the municipality, it shall not be resumed without further approval of the municipality. A demolition permit may be revoked by the municipality at any time upon a violation of the terms thereof or upon a violation of any provision of this code or any other ordinance of the city.
(Ord. 968, passed 10-4-2022)
To provide certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings hereafter erected, constructed, enlarged, altered, repaired, relocated and converted, the International Building Code, 2018 Edition, is hereby incorporated by reference in addition to all amended editions as though printed in full herein insofar as said code does not conflict with the statutes of the state. One copy of the Building Code is on file at the office of the Municipal Clerk and is available for public inspection at any reasonable time. The provisions of the Building Code shall be controlling throughout the municipality and throughout its zoning jurisdiction.
Statutory reference:
Similar provisions, see Neb. RS 17-1001, 18-132, 19-902, 19-922 and 71-6403
These regulations have been transferred to Chapter 11, article 4 as § 11-403.
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