§ 152.02  FIRE LIMITS; BUILDING RESTRICTIONS.
   (A)   All that part of the town embraced within the following described boundaries, shall be known as the fire limits of said town, to sit: beginning at the northwest corner of Lot Number 17 O.P.; thence south on the west line thereof to Eel River; thence along Eel River to the southwest corner Lot Number 150 O.P.; thence east to Mill Street; thence north to Main Street; thence east to a point opposite east line of Lot Number 138 O.P.; thence north to Second Street; thence west to a point opposite the east line of Lot Number 118 O.P.; thence north to the northeast corner of said lot; thence west to the northwest corner of Lot Number 47; thence south to Second Street; thence west to Market Street; thence south to a point opposite south line of Lot Number 29 O.P.; thence west to place of beginning.
   (B)   No person shall erect or cause to be erected on any lot or part of lot in said town lying within the fire limits as described in division (A) above any building or addition to any building heretofore erected, unless the outer wall thereof be composed of brick or stone, laid up with mortar or composed of other fire-proof material, not less than nine inches in thickness, unless the roofs thereof be covered with slate, tin, iron or other fire-proof materials.
   (C)   Whenever any frame or wooden buildings heretofore erected within the fire limits, defined in division (A) above, shall be removed from its foundation and location, the same shall not be relocated within the said fire limits, but shall not be removed without the same.
   (D)   No frame or wooden building, whether partially or fully completed, shall be located and moved within the fire limits described in division (A) above.
   (E)   No wooden building within said fire limits which may hereafter be damaged to the extent of 50% of the value thereof shall be repaired or rebuilt.
   (F)   (1)   The amount or extent of damage that may be done to any building shall be determined by three disinterested persons, residents of the town, one of whom shall be selected by the owner of the building, the second by the Town Council and the two so chosen shall select the third, and the decision of the persons so appointed shall be final and conclusive.
      (2)   It shall be the duty of the owner of the building, before said reference, to deposit with the Clerk-Treasurer the sum of $5, which shall be applied to the payment of the reference expenses, and the remainder, if any, shall be returned to such owner.
   (G)   No building lying within said fire limits shall be reroofed unless the same is done with slate, tin, iron or other fire-proof materials.
   (H)   It shall be the duty of the Marshal, whenever any wooden building is erected or commenced to be erected in said fire limits, contrary to the provisions of divisions (B) or (D) above or any wooden building is commenced to be repaired contrary to the provisions of division (C) above, to report the same immediately to the Town Council showing the location and description of such building, and the Town Council shall thereupon issue their warrant to the said Marshal to take down or remove such building beyond the fire limits, defined in division (A) above, and the cost thereof shall be collected from such offender.
   (I)   Before any person or persons, corporation or association shall commence to erect, alter or repair any house, structure or other building, lying within the corporate limits of the town, or shall commence to make an excavation in any sidewalk or street or part of the same, or place any building material in any street within said corporate limits, such person or persons, or if a corporation, its proper officers, shall make application in writing to the Town Council, signed by the owner of the lot or part of lot on which such building is to be erected, which application shall state the proposed location, and state fully and minutely the kind of building to be erected or excavations to be made, and principal materials to be used in the construction of said building, and said Town Council shall thereupon order the Clerk-Treasurer to issue a permit to said applicant allowing him or her to make such proposed improvements and certain defined part of the street to place building material upon; provided, the same does not violate any of the sections of this section; and, provided, said applicant shall sign an agreement that, when the building or buildings are completed, he or she will remove all rubbish and restore the street and sidewalk in as good condition as they were before said building was placed thereon, and failing to do so, that he or she will pay for the removal and restoration of the street, together with $5 for the services of the officer in doing the same, and also that he or she will, during the progress of said work, properly protect the same by putting up safeguards along the excavation, and by hanging out red lights at night; and, further that, he or she will protect and hold the town harmless from all loss or payment of damages by reason of negligent acts of said applicant or the person or persons employed to make such improvements.
   (J)   In no case shall any permit granted under division (I) above grant any right whatever to use in such case more than one-half of the street, measuring from the longitudinal center thereof to the immediate outer edge of the sidewalk fronting such proposed building or excavation, and no permit shall grant any right to place any material whatever in any alley, nor keep the sidewalk in front of such building or buildings obstructed so as to prevent free travel thereon.
   (K)   It shall be unlawful to erect, construct or repair any kind or type of building within the corporate limits unless aid construction complies with the regulations for safe construction as set forth in the National Fire Underwriters Code of Construction.
   (L)   All damages recoverable from property owners by provisions of this section may be enforced by a suit against said owner in the name of the Town Council members of the town filed in a court of competent jurisdiction.
(Prior Code, Title III, Ch. IV, Art. I)  Penalty, see § 152.99