TITLE XV:  LAND USAGE
CHAPTER 150:  BUILDINGS
Section
General Provisions
   150.01   Building, demolition, and swimming pool permits; fees
   150.02   [Reserved]
   150.03   Uniform system of house number placement established
Building Code
   150.15   Kentucky Building Code adopted
   150.16   One and Two Family Building Code adopted
BOCA Basic Existing Structure Code
   150.25   BOCA National Existing Structures Code adopted
   150.26   Additions, Insertions, Changes
Standards of Safety
   150.35   Standards of Safety adopted
Electrical Code
   150.45   Electrical wiring shall comply with Uniform State Building Code
   150.46   Electric Inspection Bureau
   150.47   Notifications as to commencement of work and inspections
   150.48   Furnishing current to electrical installations before inspection and approval
   150.49   Responsibility; liability
Plumbing Code
   150.60   Kentucky Plumbing Code adopted
Unfit Structures
   150.70   Designated structures
   150.71   Enforcing officer; powers and duties
   150.72   Conditions determining unfit structure
   150.73   Complaint procedure
   150.74   Order of eviction obtained upon condemnation
   150.75   Notification of complaint
   150.76   Restraining injunction may be petitioned
 
   150.99   Penalty
GENERAL PROVISIONS
§ 150.01  BUILDING, DEMOLITION, AND SWIMMING POOL PERMITS; FEES.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   APPLICANT.    The owner, or the individual or business authorized by the owner, to obtain the necessary construction permits.
      (2)   BUILDING PERMIT.   The permit issued by the Local Building Code Official after the applicant has paid the building permit fee.
      (3)   BUILDING PERMIT FEE.   The fee or fees required to be paid to the Local Building Code Official for permits for residential construction pursuant to division (E) below.
      (4)   CONSTRUCTION.   Any new construction of buildings or other types of structures, whether residential, commercial, or industrial, or any other type of construction including in-ground swimming pools, whether new construction or an addition to an existing structure.
      (5)   LOCAL BUILDING CODE OFFICIAL.   The duly appointed official and his assistants selected by the Boone County Fiscal Court to collect fees and issue the building permits required by this section.
   (B)   Application.  This section shall only be effective in the incorporated area of the city.
   (C)   Demolition.  Before any person, business, or corporation may demolish or destroy any structure within the incorporated area of the city, said person, business, or corporation shall apply to and receive from the Local Building Code Official, a permit before demolition or destruction of the structure commences.
   (D)   Above-ground pools.  Before any person, business, or corporation places or allows to be placed any above-ground swimming pool on any property within the incorporated area of the city, that person, business, or corporation must first obtain from the Local Building Code Official, a permit to place the structure on property within the incorporated area of the city.
   (E)   Required fees.  A schedule of fees for the issuance of building permits, demolition permits, and permits for above-ground swimming pools is hereby established as follows:
      (1)   Building permit and inspection fees:
 
Estimated Construction Costs
Permit and Inspection Fee
$0 - 999.99
                    $20
1,000 - 4,999.99
                      30
5,000 - 9,999.99
                      40
10,000 - 14,999.99
                      60
15,000 - 29,999.99
                      85
30,000 - 49,999.99
                    150
50,000 - 74,999.99
                    200
75,000 - 99,999.99
                    250
100,000 - 149,999.99
                    300
150,000 - 199,999.99
                    400
200,000 - 249,999.99
                    500
250,000 - 349,999.99
                    600
350,000 - 499,999.99
                    800
500,000 - 749,999.99
                1,000
750,000 - 999,999.99
                1,500
1,000,000 - 1,999,999.99
                2,500
2,000,000 - 2,999,999.99
                3,500
3,000,000 - 3,999,999.99
                4,500
4,000,000 - 4,999,999.99
                5,500
5,000,000 - 5,999,999.99
                6,500 plus 1,000 for                      each additional million                      dollars of construction
 
      (2)   The following formula will be utilized in the establishment of construction costs for residential dwellings:
 
Type of Construction
Cost Per Square Foot
Living space
$35
Basements
    8
Attached garages
10
Detached garages
15
 
      (3)   Above-ground swimming pool permit fees and deck fees: there shall be a ten dollars ($10.00)  fee for the required permit, which permit shall be issued before construction begins, or twenty dollars ($20.00)  fee for permit issued after construction begins.
   (F)   Any person, business, or corporation who begins construction of any structure within the incorporated area of the city without having previously obtained a permit for said construction, shall pay double the cost of the permit as described in division (E) above.
(Ord. 1987-5, passed 2-9-87; Am. Ord. 1992-20, passed 12-4-92)  Penalty, see § 150.99
§ 150.02  RESERVED.
§ 150.03  UNIFORM SYSTEM OF HOUSE NUMBER PLACEMENT ESTABLISHED.
   All single family residences, duplexes, apartment buildings, and condominiums and all business establishments within the city shall comply with this section.
   (A)   Size and type of numbers.  Each building within the city shall display the numbers assigned to that building by the city or by the U.S. Postal Service.  These numbers shall be arabic numerals at least three inches in height and designed to be visible both day and night.
   (B)   Location of numbers.  The numbers required by this section shall be located above the building's primary entrance from the street or in a similar and conspicuous location on the front of the building. Those buildings served by mail boxes placed apart from the building must display the assigned number in arabic numerals at least two inches in height on the mail box in addition to the required numbers on the building.
   (C)   Visibility.  All numbers displayed either on buildings or mail boxes must be clearly and easily visible from the street.
(Ord. 1980-16, passed 5-19-80)  Penalty, see § 150.99
§ 150.15  KENTUCKY BUILDING CODE ADOPTED.
   The city hereby adopts the 1986 edition of the Kentucky Building Code and any subsequent editions thereto and directs the Building and Property Inspector to follow its requirements.
(Ord. 1987-17, passed 7-27-87)
§ 150.16  ONE AND TWO FAMILY BUILDING CODE ADOPTED.
   The city hereby adopts the 1986 edition and any subsequent editions of the One and Two Family Building Code and directs the Building and Property Inspector to follow its requirements.
BOCA BASIC EXISTING STRUCTURES CODE
§ 150.25  BOCA NATIONAL EXISTING STRUCTURES CODE ADOPTED.
   "The BOCA National Existing Structures Code, Second Edition, 1987" as published by the Building Officials and Code Administrators International, Inc. is hereby adopted as the Existing Structures Code of the city for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA National Existing Structures Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 50.26 of this chapter.
(Ord. 1989-2, passed 3-13-89)  Penalty, see § 150.99
§ 150.26  ADDITIONS, INSERTIONS, CHANGES.
   The BOCA National Existing Structures Code is amended and revised in the following respects:
   Section ES-100.1 (page 1, second line), insert CITY OF WALTON.
   Section ES-110.2 (page 8, third line) insert five dollars ($5.00) through ten dollars ($10.00).
   Section ES-110.2 (page 8, fourth line), insert two (2) days.
   Section ES-111.4 (page 9, second line), insert fourteen (14) days.
(Ord.1989-2, passed 3-13-89)
STANDARDS OF SAFETY
§ 150.35  STANDARDS OF SAFETY ADOPTED.
   (A)   The most current edition of the Standards of Safety, as contained in Chapter 10 Title 815 of the Kentucky Administrative Regulations, a copy of which is on file in the office of the City Clerk, is hereby adopted in full as if set out at length herein.
   (B)   The City Clerk shall at all times keep in his possession for reference a copy of the most current edition of the Standards of Safety.
(Ord. 77-21, passed 12-13-77)
ELECTRICAL CODE
§ 150.45  ELECTRICAL WIRING SHALL COMPLY WITH UNIFORM STATE BUILDING CODE.
   The Uniform State Building Code as is established by the Board of Housing, Buildings and Construction of the State of Kentucky, is hereby adopted in full, and the same shall have the effect as if it were written fully herein, as a minimum standard for the construction, alteration and repair of any electrical wiring done within the effective area of this subchapter.  These standards shall also be used by the electrical inspector in making his inspections.
(Ord. 1991-3, passed 4-11-91)
§ 150.46  ELECTRICAL INSPECTORS.
   The Electrical Inspector(s) shall be appointed by Boone County Fiscal Court pursuant to KRS 227.480 and shall possess the qualifications established under KRS 227.450(4).  The Electrical Inspector(s) shall serve throughout the unincorporated territory of the County and the corporate limits of the city. 
(Ord. 1992-20, passed 12-4-92)
§ 150.47  NOTIFICATIONS AS TO COMMENCEMENT OF WORK AND INSPECTIONS.
   It shall be the duty of the person, firm, or corporation installing electrical wiring or equipment, or repairing or rearranging same, to notify the Electrical Inspector prior to the time the work is to commence, and also when the work is ready for inspection.  It shall be unlawful for any person, firm, or corporation to conceal any electrical wiring  or  installation  until  after  it  has  been  reported  to  the Electrical Inspector, and has been  inspected  and  approved by the Inspector. 
(Ord. 1974-33, passed 8-13-74)  Penalty, see § 150.99
§ 150.48  FURNISHING CURRENT TO ELECTRICAL INSTALLATIONS BEFORE INSPECTION AND APPROVAL.
   It shall be unlawful for any person, firm, or corporation, including any electric light or power company, to connect with or furnish current to any electrical installation within the corporate limits of the city until after the electrical installation has been inspected and approved by the Electrical Inspector and a certificate of approval has been issued.
(Ord. 1974-33, passed 8-13-74)  Penalty, see § 150.99
§ 150.49  RESPONSIBILITY; LIABILITY.
   This subchapter shall not be construed to relieve from or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, or installing any electrical wiring, device, appliance, or equipment for damage to person or property caused by any defect or failure therein; nor shall the city be held as assuming any liability or responsibility by reason of the inspection authorized herein or by issuance of the certificate of approval.
(Ord. 1974-33, passed 8-13-74)
§ 150.50 ELECTRICAL PERMITS; FEES.
   (A)   Electrical permits shall be obtained prior to the installation, addition, alteration, repair, relocation, or removal of electrical wiring.
   (B)   The cost of the permit for electrical installation, additions, alterations, repair, relocation, or removal shall be calculated in accordance with KRS 227.487.
   (C)   All electrical permits shall be obtained from the County Building Department.
(Ord. 1991-4, passed 4-11-91; Am. Ord. 1992-20, passed 12-4-92)
PLUMBING CODE
§ 150.60 KENTUCKY PLUMBING CODE ADOPTED.
   The most current edition of the Kentucky Plumbing Code, as adopted by the Department of Housing, Buildings, and Construction, which is contained in the Kentucky Administrative Regulations, Title 815, Chapter 20 is hereby adopted by reference as if set out at length herein.
UNFIT STRUCTURES
§ 150.70 DESIGNATED STRUCTURES.
   There exists within the city structures which are unfit for human habitation, occupancy, or use due to dilapidation; defects increasing the hazards of fire, accident, or other calamities; lack of ventilation, light, or sanitary facilities; or due to other conditions rendering such structures unsafe, unsanitary, dangerous, or detrimental to city health, safety, or morals or otherwise inimical to the welfare of the residents of the city.
(Ord. 1975-6, passed 3-11-75)
§ 150.71  ENFORCING OFFICER; POWERS AND DUTIES.
   (A)   The Mayor shall have the authority to exercise the powers prescribed by this subchapter.
   (B)   This Mayor is authorized and ordered to investigate the structural conditions in this city and determine which structures therein are unfit for human habitation, occupancy, or use as hereinafter provided.  He is also authorized and ordered to administer oaths and affirmations, examine witnesses, and receive evidence necessary to the carrying out of his duties.  Further, he is authorized to enter onto premises for the purpose of making needed examinations, this entry to be made in a manner so as to cause the least possible inconvenience to persons in possession.
(Ord. 1975-6, passed 3-11-75)
§ 150.72  CONDITIONS DETERMINING UNFIT STRUCTURE.
   A structure is unfit for human habitation if conditions exist in the structure which are dangerous or injurious to the health, safety, or morals of the occupants of the structure, the occupants of neighboring structures, or other residents of the city.  These conditions may include the following:  Defects increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; or uncleanliness.
(Ord. 1975-6, passed 3-11-75)
§ 150.73  COMPLAINT PROCEDURE.
   (A)   Whenever a petition is filed with the City by a public authority or by at least five residents of the city charging that any structure is unfit for human habitation, occupancy, or use pursuant to the terms of this subchapter, or whenever it appears to the Mayor on his own motion that any structure is unfit for human habitation, occupancy, or use, the Mayor shall, if his preliminary investigation discloses a basis for those charges, issue and cause to be served upon the owner of and parties in interest in the structure a complaint stating the charge or charges in that respect.  A complaint shall state that a hearing will be held before the Mayor at the city building not less than ten (10) nor more than thirty (30) days after the serving of the complaint; that the owner and parties in interest may file an answer to the complaint and appear in person, or otherwise, and give testimony; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Mayor.  The complaint shall contain a description of the conditions; and a provision explaining that the costs of any closing, removal, or demolition shall constitute a lien upon the real property upon which the cost was incurred.
   (B)   If the structure is ordered to be removed or demolished by the Mayor, he shall sell the materials of the structure and shall credit the proceeds of the sale against the cost of removal or demolition. Any balance remaining shall be deposited in the appropriate court by the Mayor, shall be secured in a manner as may be directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by a final order or decree of the court.
(Ord. 1975-6, passed 3-11-75)
§ 150.74  ORDER OF EVICTION OBTAINED UPON CONDEMNATION.
   When the Mayor has condemned as unfit for human habitation, occupancy, or use, any structure pursuant to the terms of this subchapter and has ordered the same to be vacated, the Mayor may, after ten days' notice to the occupants thereof apply to the appropriate court for an order of eviction against the occupants thereof.
(Ord. 1975-6, passed 3-11-75)
§ 150.75  NOTIFICATION OF COMPLAINT.
   Complaints, orders, and other papers shall be served upon the parties set out herein either personally or by certified mail. However, if the whereabouts of those persons are unknown and the same cannot be ascertained by the Mayor in the exercise of reasonable diligence, the Mayor shall make an affidavit to that effect, and the serving of the complaint, order, or other papers upon those persons may be made by publication pursuant to KRS Chapter 424.  A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order and shall be recorded in the office of the County Clerk wherein the structure is located.
(Ord. 1975-6, passed 3-11-75)
§ 150.76  RESTRAINING INJUNCTION MAY BE PETITIONED.
   Any person affected by an order issued by the Mayor may, within thirty (30) days after the posting and service of the order, petition the appropriate court for an injunction restraining the Mayor from carrying out the provisions of the order.
(Ord. 1975-6, passed 3-11-75)
§ 150.99  PENALTY.
   (A)   Any person, business, or corporation that violates any provision of § 150.01 shall be guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).  Each day the violation continues shall constitute a separate offense.
(Ord. 1987-5, passed 2-9-87)
   (B)   Any person who shall violate any other provision of this chapter shall be subject to the penalty set forth in § 10.99.