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SPECIFIC OFFICIALS
§ 31.35 ENVIRONMENTAL CERTIFYING OFFICER.
   The Mayor is hereby designated as the Environmental Certifying Officer, for the purpose of signing correspondence and other required documents and forms relating to the Economic Development Initiative (EDI) grant awarded to the city’s Industrial Development Corporation.
(Res. 02-06-01, passed 6-10-2002)
§ 31.36 STREET COMMISSIONER.
   (A)   District and office established. The city has hereby created as road district, and the Mayor shall annually appoint, by and with the approval of the City Council, a Street Commissioner, who shall be a qualified elector of said city and shall act as overseer of roads for said district. Said Commissioner shall, within five days from the date of his or her appointment, give a bond running to the city, in the penal sum of $200, with good and sufficient sureties, to be approved by the Council, conditioned for the faithful performance of the duties of his or her office and of such other duties as may be required of him or her by the City Council, and for the proper expenditure of the which may be collected or comes into his or her hands by virtue of his or her office.
   (B)   Duties. It shall be the duty of said Street Commissioner, within ten days after his or her confirmation and qualification, and at any other time or times he or she may deem necessary, or the City Council shall direct, to inspect all streets and highways of the city, and all sidewalks, crosswalks, ditches, gutters, sewers, culverts, bridges, and all things and matters appertaining to the streets and alleys, and report, in writing, to the City Council, recommending what, in his or her opinion, is necessary and ought to be done thereto, and shall make and keep a duplicate of his or her report. On receipt of his or her report, the City Council may consider the same, add to, strike out, or change any item as it may deem best, and direct said Commissioner to do, or cause to be done under his or her supervision, all or any part of the work mentioned in said report, the City Auditor shall to the said street Commissioner the actions of the City Council thereon. Upon receiving the same, the Commissioner shall proceed, and cause to be executed under his or her immediate supervision, all such necessary work or repairs as shall have been directed by the City Council, in such manner, and by such means as it may from time to time direct, but in no event shall said Commissioner incur any indebtedness other than provided by the City Council.
   (C)   Duty to collect taxes. It shall be the duty of the Street Commissioner to collect road and poll tax of the city.
   (D)   Other duties recorded. The said Street Commissioner shall have control and charge of all teams, wagons, tools, and implements owned by said city and used upon the streets. He or she shall also employ such help-teams, tools, and implements as may be necessary for the performance of all work required to be done by him or her, and shall carry out the details of the general plan laid out for him or her by the City Council and the Streets and Alleys Committee. He or she shall keep a record time book of the time of all persons and teams employed by him or her, when employed, what material used and where used, and the price to be paid for help-teams and material. No bill for services or material furnished and used upon the streets shall be allowed by the City Council unless certified to as correct by said Commissioner, and in no event shall said Street Commissioner be interested or own team employed by him or her in performing any work done in pursuance of the provisions of this section. He or she shall also perform such other duties as the City Council shall direct in relation to streets.
   (E)   Powers. The City Council, whenever deemed necessary for the safety of the public, may direct to be repaired or torn down any building within the fire limits which has been damaged by fire or decay or otherwise to the extent of 50% of the value.
   (F)   Ascertaining damages. The City Council shall appoint two disinterested persons who shall appraise damages, as described in division (E) above.
   (G)   Construction of chimneys. All chimneys hereinafter built within the fire limits shall conform with the dimensions so provided for in § 31.38(E).
(Ord. 15, passed 8-11-1892; Ord. 32, passed 6-17-1895)
§ 31.37 BAR MANAGER, BANKING POWERS.
   The City Council does allow the bar manager and/or bar assistant manger to receive cash back from the deposit transaction, not to exceed $300 in cash, from the deposit to bring the till up to the daily required balance.
(Res. 99-06-04, passed 6-14-1999)
§ 31.38 CHIMNEY INSPECTOR.
   (A)   Established. There is hereby created the office of Chimney Inspector. The Mayor and City Council shall, at their first regular meeting in May of each year, or as soon thereafter as practicable, appoint a Chimney Inspector, who shall hold his or her office for one year, and until his or her successor is elected and qualified.
   (B)   Qualifications of Chimney Inspector. The Chimney Inspector shall be a practical builder.
   (C)   Taking office. The Chimney Inspector so appointed by the Mayor and City Council shall, before assuming the duties of his or her office, take and subscribe the usual oath of office, and execute a bond to be approved by the City Council, with two or more sureties in the sum of $200, for the faithful performance of him or her, as required by law.
   (D)   Duties of Chimney Inspector. It shall be the duty of the Chimney Inspector to inspect all chimneys in course of erection or alteration, and see that the same are constructed in accordance with the provisions of this section, and to see that proper means are employed as security against fire, and for the safety of the lives and health of the public, that suitable and proper material are used, and that the work is substantially done to answer the purpose of such chimney, as provided for in this section.
   (E)   Specifications of chimneys. All chimneys hereinafter built within the city shall be built of the following dimensions and material: the walls of said chimneys shall be four inches thick; be built with brick; not be less than three feet above a pitched or ridged roof; laid in good strong mortar; be plastered on the inside from the base to the tip; and also plastered on the outside from the base to the roof.
   (F)   Unsafe chimneys. Whenever the Chimney Inspector shall discover any chimney in any building in the city in an unsafe condition, on account of the liability of fire to originate therefrom, or be communicated therefrom to any wood work or other combustible materials, adjoining thereto, he or she shall serve a written notice upon the owner, agent, or occupant of said building, specifying therein the chimney so found in a dangerous or unsafe condition, and in said notice require said owner or occupant, forthwith, to repair said chimney, so found in said building, and to make the same to conform to the provisions of this section, and to cease at once the use of the same in connection with any stove, pipe, or other apparatus which is used and the smoke is conducted through said defective or dangerous chimney.
   (G)   Default, or not complying with the conditions of this section. Any person that shall willfully neglect to repair any chimney after written notice has been served upon him or her, and reasonable time has been allowed to have said chimney repaired, the Chimney Inspector may proceed to have said chimney repaired, and after repairing said chimney, to make a schedule of said costs and report the same to the City Council at its first regular meeting thereafter.
   (H)   Claims how collected. Any time after the Chimney Inspector has made his or her schedule of costs of repairing any chimney and the owner thereof of said building in which said defective chimney has been found shall refuse to pay said costs, the City Council may proceed in civil action against said owner, and all judgments received against any person shall be subject to the same proceeding as the general laws of the state, and enforced in the same manner.
(Ord. 35, passed 8-2-1895)
§ 31.99 PENALTY.
   (A)   Any person violating the provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Any person or persons who shall violate any of the provisions of § 31.38 shall, upon conviction thereof, before the Police Justice of the Peace of said city, be punished by a fine of not less than $5, nor more than $25, and costs, and every day that any person or persons shall neglect or refuse to comply with the provisions of § 31.38 shall be a separate and distinct violation of § 31.38.
(Ord. 35, passed 8-2-1895)