City of
WAYNE,
NEBRASKA
Chapter 18 BUILDINGS AND BUILDING REGULATIONS* (return
to index)
__________
*Cross references: Environment, ch. 34; Fire Prevention and Protection,
ch. 38; Health and Sanitation, ch. 42; Solid Waste Management, ch. 66; Streets,
Sidewalks and Other Public Places, ch. 70; Subdivisions, ch. 74; Utilities, ch.
82; Vegetation, ch. 86; Zoning, ch. 90.
State law
references: Authority to
regulate the construction of buildings, R.R.S. 1943, § 16-234.
__________
Article
I. In General
Sec. 18-1. Building inspector.
Sec. 18-2. Demolition of buildings; regulation.
Secs.
18-3--18-40. Reserved.
Article
II. Building Code
Sec.
18-41. Adopted by reference.
Sec.
18-42. Permit fee schedule.
Sec.
18-43. Permit determinations.
Sec.
18-44. Energy code adopted by
reference.
Sec. 18-45. Building permits; duplicate to county
assessor.
Sec.
18-46. Building permits; cash deposits.
Sec.
18-47. Building permits; penalty.
Secs. 18-48--18-80. Reserved.
Article
III. Electrical Code
Sec.
18-81. Adopted by reference.
Sec.
18-82. Purpose.
Sec.
18-83. Building inspector.
Sec.
18-84. Duties of the building
inspector.
Sec.
18-85. Right of entry.
Sec.
18-86. Building inspector relieved from
personal liability.
Sec.
18-87. Regulations and registrations.
Sec.
18-88. Installation by homeowner.
Sec.
18-89. Permit required.
Sec.
18-90. Record of building inspector.
Sec.
18-91. Occupation tax.
Sec.
18-92. Violations and penalties.
Secs.
18-93--18-150. Reserved.
Article IV. International Residential Code for One- and
Two-Family Dwellings
Sec.
18-151. Adopted by reference.
Secs.
18-152--18-180. Reserved.
Article
V. Plumbing Code
Division
1. Generally
Sec. 18-181. Adopted by reference.
Secs.
18-182--18-200. Reserved.
Division
2. Plumbers
Sec.
18-201. Registration required.
Sec.
18-202. Registration of firm.
Sec.
18-203. Expiration and renewal of
registration.
Sec.
18-204. Revocation of certificate of
registration.
Sec.
18-205. Unlawful transfer of
certificate.
Sec.
18-206. Fees.
Sec.
18-207. Occupation tax.
Sec.
18-208. Exceptions.
Secs.
18-209--18-240. Reserved.
Article
VI. Unsafe Buildings
Sec.
18-241. Special assessments.
Sec.
18-242. Property maintenance code adopted
by reference.
Secs.
18-243--18-300. Reserved.
Article
VII. Moving Buildings
Sec.
18-301. Permit required.
Sec.
18-302. Permit fee; bond.
Sec.
18-303. Interference with utilities.
Sec.
18-304. No general permit.
Secs.
18-305--18-340. Reserved.
Article
VIII. Signs
Sec.
18-341. Permit required.
Sec.
18-342. Where prohibited.
Sec.
18-343. Street decorations.
Sec.
18-344. Approval by state.
Sec.
18-345. Purpose.
Sec. 18-346. Definition of terms.
Sec.
18-347. General sign and street
graphics regulations.
Sec.
18-348. General regulations; basic
design elements for on-site and off-site premise signs.
Sec.
18-349. General regulations: Other
design elements.
Sec.
18-350. Repair or modification of
nonconforming signs.
Article IX.
Heating, Ventilation, and Cooling (HVAC).
Sec.
18-351. Adopted by reference.
(a) Power and authority. The building
inspector shall be the city official who shall have the duty of enforcing all
building, plumbing, electrical, fire and housing regulations as prescribed in
this chapter. He shall inspect all buildings repaired, altered, built or moved
in the city as often as necessary to ensure compliance with all city
ordinances. He shall have the power and authority to order all work stopped on
any construction, alteration or relocation which violates any provisions
prescribed in this chapter. He shall issue permission to continue any
construction, alteration or relocation when he 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. Such written order may be served by any
police officer. If the council fails to appoint a building inspector, the
administrative zoning official shall be the building inspector ex officio.
(b) Right of entry. 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.
(Code 1974, §§ 9-101,
9-102)
Cross references: Officers and employees, § 2-151 et seq.
Sec. 18-2.
Demolition of buildings; regulation. (return to ch. 18)
(a) It shall be unlawful for any person to
demolish or raze any building or part of a building in the city without first
obtaining a permit from the building inspector.
(b) Such permit shall be issued by the
building inspector, but only after an application for such permit has been
approved by the city administrator.
(c) Before such application is approved by
the city administrator, the applicant shall be required to post a bond of $1.00
per square foot of the total floor space of the building excluding basement to
be demolished or razed. The bond shall be conditioned that all city utilities
shall be properly disconnected and that there will be proper removal of all
demolished or razed material. The words "properly disconnected" shall
include, but not necessarily be limited to, shutting off the water at the main
and sealing the sewer at the point of disconnection with concrete. The building
inspector shall charge a fee for the permit.
The amount of such fee shall be set by the Council, and a schedule of
such fee is on file in the City Clerk's office.
(Code 1974, § 10-451;
Ord. No. 2008-5, §, 4-1-2008)
Secs. 18-3--18-40.
Reserved. (return
to ch. 18)
To provide certain
minimum standards, provisions, and requirements for safe and stable design,
methods of construction, and uses of materials in buildings erected,
constructed, enlarged, altered, repaired, relocated, and converted, the 2006
International Building Code printed in book or pamphlet form, is incorporated
by reference in addition to all amendments or revised editions of the
International Building Code thereto as though printed in full in this section
insofar as such code does not conflict with the state statutes. One copy of the code adopted in this section
is on file at the office of the building inspector and is available for public
inspection at any reasonable time. The
provisions of the code adopted in this section shall be controlling throughout
the city and throughout its zoning jurisdiction. Adopted code edition shall become effective January 1, of the
calendar year following code publication.
(Code 1974, § 9-201;
Ord. No. 2000-15, § 1, 7-25-2000; Ord. No. 2007-24, §, 12-4-2007)
State law
references: Authority to
adopt building code by reference, R.R.S. 1943, § 18-132.
The building permit fee
schedule for the city, also referred to in the International Building Code
adopted in section 18-41, shall be set by the council; and a schedule of such
fees is on file and available in the city clerk's office.
(Code 1974, §
9-201.01; Ord. No. 98-19, § 1, 11-24-1998)
The building inspector
shall determine when a building permit is required pursuant to this article.
Any appeal of the building inspector's decision of the requirement to obtain a
building permit shall be appealed to the city administrator.
(Code 1974, §
9-201.02)
Sec. 18-44.
Energy code adopted by reference. (return to ch. 18)
To provide certain
minimum standards, provisions, and requirements for safe and stable design,
methods of construction, and uses of materials in buildings and dwellings
erected, constructed, enlarged, altered, repaired, relocated, and converted,
relating to the exterior envelopes and selection of heating, ventilating, and
air conditioning, service water heating, electrical distribution, and illuminating
systems and equipment required for the purpose of effective conservation of
energy within a building or dwelling, the 2006 International Energy
Conservation Code (IECC), printed in book or pamphlet form, is incorporated by
reference in addition to all amendments or revised editions of the
International Energy Conservation Code printed in book or pamphlet form, is
incorporated by reference as though printed in full in this section insofar as
such code does not conflict with the state statutes. One copy of the code adopted in this section is on file in the
office of the building inspector and is available for public inspection. The provisions of the code adopted in this
section shall be controlling throughout the city and throughout its zoning
jurisdiction. Adopted code edition
shall become effective January 1, of the calendar year following code
publication.
(Code 1974, § 9-202;
Ord. No. 2000-15, § 2, 7-25-2000; Ord. No. 2007-24, §, 12-4-2007)
Sec. 18-45.
Building permits; duplicate to county assessor. (return to ch. 18)
Whenever a building
permit is issued for the erection, alteration or repair of any building within
the city's zoning jurisdiction, and the improvement is $1,000.00 or more, a
duplicate of such permit shall be issued to the county assessor.
(Code 1974, § 9-203)
Sec. 18-46.
Building permits; cash deposits. (return
to ch. 18)
(a)
Cash deposits shall be required with the submittal of each building
permit application. The cash deposits
shall be set by the Council, and a schedule of the same is on file and
available in the City Clerk's Office.
(b) The cash deposit shall be
forfeited to the City if the contractor fails to call the Building Official to
request the required inspections as noted on the building permit card. Upon forfeiture of the building permit cash
deposit, a new cash deposit of the same amount shall be required before
construction can continue.
(c) The building permit cash
deposit may be waived, provided the applicant has had no violations of the
progress inspection requirements in the City during the previous twelve months.
(d) The cash deposit shall be
returned to the owner or contractor as stated on the building permit
application within two business days after issuance of the Certificate of
Occupancy.
(Ord.
No. 2007-13, §, 11-20-2007)
Sec. 18-47.
Building permits; penalty.
(return to ch. 18)
A
penalty for not obtaining a building permit prior to the start of the project
shall be established in an amount of two times the building permit fee.
(Ord. No. 2007-13, §, 11-20-2007)
State law
references: Similar
provisions, R.R.S. 1943, § 18-1743.
Secs. 18-48--18-80.
Reserved. (return
to ch. 18)
__________
*Cross references: Utilities, ch. 82.
__________
To provide certain
minimum standards, provisions and requirements for all electrical wiring,
installation of electrical fixtures, apparatus, or electrical appliances for
furnishing light, heat, or power, or other electrical work introduced into or
placed in or upon, or in any way connected to any building or structure, the
2005 National Electrical Code, printed in book or pamphlet form, is
incorporated by reference in addition to all amendments or revised editions of
the National Electric Code thereto as though printed in full in this section,
insofar as the code does not conflict with the state statutes. One copy of the National Electrical Code is
on file in the office of the building inspector and is available for public
inspection at any reasonable time. The
National Electrical Code shall be controlling throughout the city and
throughout its zoning jurisdiction.
Adopted code edition shall become effective January 1, of the calendar
year following code publication.
(Code 1974, § 9-501;
Ord. No. 99-7, § 1, 7-27-1999; Ord. No. 2007-24, §, 12-4-2007)
State law references:
Authority to adopt
electrical code by reference, R.R.S. 1943, § 18-132.
This electrical code
shall not be construed to:
(1) Require employees of city corporations, public
power districts, public power and irrigation districts, electric membership or
cooperative associations, public utility corporations, railroads, petroleum
companies, petrochemical companies, pipeline companies, telephone or telegraph
systems performing manufacturing, installation and repair work for such
employer to hold licenses while acting within the scope of their employment.
(2) Cover the installation, maintenance, repair or
alteration of vertical transportation or passenger conveyors, elevators, moving
walks, dumbwaiters, stagelifts, manlifts or their appurtenances beyond the
terminals of the controllers.
(3) Require a license of any person who engages any
electrical appliance where approved electrical outlets are already installed.
(Code 1974, § 10-617)
The building inspector
or his authorized representatives are hereby authorized and directed to enforce
the provisions of the electrical code, and take such action, as provided by
law, to enforce the provisions of the electrical code.
(Code 1974, § 10-601)
Sec. 18-84.
Duties of the building inspector. (return to ch. 18)
(a) The building inspector shall examine or
cause to be examined all electrical installations for which a permit has been
issued.
(b) The building inspector shall not be
required to make inspections on any electrical installations that are required
to be inspected by state or federal authorities.
(c) The building inspector is authorized to
examine or cause to be examined any electrical equipment or wiring within or on
any building or premises. If such is found to be defective, or not in
compliance with accepted standards of construction for safety to life and
property, based upon minimum standards set forth in the National Electrical
Code, or in any improper operating condition so as to constitute a danger to
human life or a hazard to the public health, safety and welfare, the building
inspector shall give written notice to the owner of such building or premises,
stating the deficiencies found to exist and the date by which these
deficiencies must be corrected. Such notice shall be served personally or
mailed by United States mail upon the owner at his last known address and upon
the electrician making the installation.
(d) The building inspector is vested with
the authority to condemn and disconnect or order the electric utility supplier
to disconnect the electrical service to any building or premises where such
deficiencies in electrical equipment or wiring have not been corrected within
the time specified by such notice duly served upon the owner, or in cases of
emergency where the name is necessary for the protection of life, limb, or
property; and is further authorized to order the electric utility supplier to
disconnect service to any building or premises where a valid permit has not
been issued for such electrical services.
(Code 1974, § 10-602)
(a) Whenever necessary to make an
inspection to enforce any of the provisions of the electrical code, or whenever
the building inspector has reasonable cause to believe that there exists within
or on any building or premises any equipment or wiring which makes such
building or premises dangerous, hazardous or unsafe, or that work is being done
or has been done in violation of the electrical code, the building inspector is
authorized to enter within or on such building or premises at any reasonable
time and to inspect the premises provided that if such building or premises are
occupied, he shall first present proper credentials to the occupant and demand
entry, explaining his reasons; and if such building or premises are unoccupied,
he shall first make reasonable effort to locate the owner or other person
having charge or control of such building or premises and demand entry,
explaining his reasons. If such entry is refused or cannot be obtained because
the owner or other person having charge or control cannot be found after due
diligence, the building inspector shall have recourse to every remedy provided
by law to secure lawful entry and inspect such building or premises. If after
inspection the building inspector finds the work or equipment being used in a
dangerous, hazardous or unsafe manner, he is authorized to order discontinuance
of such work or the use of such equipment.
(b) No owner or occupant or any other person
having charge, care or control of any building or premises shall fail or
neglect, after proper demand is made as provided in this section, to promptly
permit entry by the building inspector for the purpose of inspection and
examination pursuant to the electrical code. Any person violating this
subsection shall be guilty of a misdemeanor.
(Code 1974, § 10-603)
Sec. 18-86.
Building inspector relieved from personal liability. (return to ch.
18)
The building inspector
or any employee charged with the enforcement of the electrical code, acting in
good faith and without malice for the city in the discharge of their duties,
shall not thereby render themselves liable personally and he is released from
all personal liability for any damage that may accrue to persons or property as
a result of any act required or by reason of any act or omission in the
discharge of his duties. Any suit brought against the building inspector or
employee because of such act or omission performed by them in the enforcement
of any provisions of the electrical code shall be defended by the legal department
of the city until final termination of the proceedings.
(Code 1974, § 10-605)
Sec. 18-87.
Regulations and registrations. (return to ch. 18)
(a) It shall be unlawful for any person to
engage in the business of installing electrical wiring or equipment for
electrical light, heat, power and any other purposes within the jurisdiction of
the city, except as provided in this division, without having first procured a
state class "A" master electrician's license, a class "A"
electrical contractor's license, or a class "A" journeyman's license,
and until he has obtained a certificate of registration with the city.
Application for registration shall be made in writing to the building
inspector, showing the name and residence of the applicant, the business
location of the applicant, and such other information as may be required.
(b) It shall be unlawful for any person to
install or supervise the installation of electrical wiring or equipment within
the jurisdiction of the city except as provided in subsection (a) of this
section.
(c) It shall be unlawful for any person to
supervise or assign more than three apprentice electricians to any one master
electrician on any one job or project or to assign work to be done or performed
by apprentice electricians in violation of the electrical code. It shall be
unlawful for an apprentice to do or perform any act or electrical installation,
repair or maintenance without the supervision of anyone as set forth in
subsection (a) of this section.
(d) It shall be unlawful for any person to
conceal or cause to be concealed any electrical wiring or equipment except with
the permission of the building inspector. The request for inspection must be
made at the office of the building inspector.
(e) All registrations shall expire on
December 31 of each year in which they are issued and shall not be assignable.
Certificates of registration may be renewed upon payment of the required
registration fee.
(Code 1974, § 10-608)
Sec. 18-88.
Installation by homeowner. (return to ch. 18)
(a) Any homeowner may install electrical
wiring or equipment only in a single-family residence which he occupies or will
occupy as his home and an adjacent garage of three stalls or less. All
electrical wiring installed by an owner shall be for himself, without
compensation or pay from or to any other person for such labor or installation.
The homeowner shall be required to apply for and secure a building permit for
such installation, pay the required building permit fees, and call for all
inspections in the manner provided by this article.
(b) A homeowner shall provide to the
satisfaction of the building inspector that he will own the home and will
reside in such home in order to qualify for a homeowner's permit.
(Code 1974, § 10-612)
(a) No alteration or change shall be made in
electrical wiring or equipment for use in the protection of electric lights,
heat or power, nor shall any electrical wiring or apparatus be installed within
the city without the person's making the alteration or change first securing
from the building inspector a building permit; nor shall any change be made in
any wiring or equipment after inspection without such person's notifying the
building inspector and securing a building permit, except that no building
permit shall be required to execute minor repair work such as but not limiting
the generality of the term to:
(1) Repairing flush and snap switches, replacing
fuses, changing lamp sockets and receptacles, taping joints and repairing drop
cords, and repairing of appliances, motors and other devices when not attached
to permanent wiring;
(2) Wiring which is an integral part of machinery,
appliances or vehicles;
(3) Experimental work of a temporary nature in
testing laboratories of electrical shops, educational institutions and the
like;
(4) Wiring supplied with current by approved
bell-ringing transformers; and
(5) The attaching of portable appliances to existing
outlets.
(b) No building permit shall be issued until
the fee has been paid according to this article.
(Code 1974, § 10-613)
Sec. 18-90.
Record of building inspector. (return to ch. 18)
The building inspector
shall keep a full and complete record of all work done, permits issued,
examinations made, or other official work performed as required by the
electrical code. The records shall be so arranged as to afford prompt
information concerning the condition and general arrangement of any electrical
equipment at the time of the building inspector's last visit.
(Code 1974, § 10-615)
For the purpose of
raising revenue, an occupation tax is levied for electricians and apprentices.
The amount of such tax shall be set by the council, and a schedule of such
occupation tax is on file and available in the city clerk's office.
(Code 1974, § 10-616)
Sec. 18-92.
Violations and penalties. (return to ch. 18)
(a) It shall be unlawful for any person to
install, repair, alter, maintain, relocate or remove electrical equipment or
wiring or cause or permit such work to be done contrary to or in violation of
any of the provisions of the electrical code.
(b) Any person violating any of the
provisions of the electrical code shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any violation of any of
the provisions of the electrical code is committed, continued or permitted; and
upon conviction of any such violation such person shall be punishable in
accordance with section 1-9. The city shall in addition to the foregoing have
the right to enjoin the commission of any violations of this article.
(Code 1974, § 10-604)
Secs. 18-93--18-150.
Reserved. (return
to ch. 18)
To provide certain
minimum standards, provisions, and requirements for safe and stable design,
methods of construction, and uses of materials in houses erected, constructed,
enlarged, altered, repaired, relocated, and converted, the 2006 International
Residential Code for One- and Two-Family Dwellings, printed in book or pamphlet
form, is incorporated by reference or revised editions of the International
Residential Code for One- and Two-Family Dwellings as though printed in full in
this section insofar as such code does not conflict with the state
statues. One copy of the code adopted
in this section is on file at the office of the building inspector and is
available for public inspection. The
provisions of the code adopted in this section shall be controlling throughout
the city and throughout its zoning jurisdiction. Adopted code edition shall become effective January 1, of the
calendar year following code publication.
(Code 1974, § 9-301;
Ord. No. 2000-15, § 3, 7-25-2000; Ord. No. 2007-24, §, 12-4-2007)
State law
references: Authority to
adopt codes by reference, R.R.S. 1943, § 18-132.
Secs. 18-152--18-180.
Reserved. (return
to ch. 18)
__________
*Cross references: Utilities, ch. 82.
__________
To provide certain
minimum standards, provisions, and requirements for safe and stable
installation, methods of construction, and uses of materials in the
installation of plumbing, the 2006 International Plumbing Code, published in
book or pamphlet form, is incorporated by reference in addition to all
amendments or revised editions of the International Plumbing Code thereto as
though printed in full in this section insofar as such code does not conflict
with the state statutes. One copy of
the code adopted in this section is on file at the office of the building
inspector and is available for public inspection at any reasonable time. The provisions of the code adopted in this
section shall be controlling throughout the city and throughout its zoning
jurisdiction. Adopted code edition
shall become effective January 1, of the calendar year following code
publication.
(Code 1974, § 9-401;
Ord. No. 2000-15, § 4, 7-25-2000; Ord. No. 2007-24, §, 12-4-2007)
State law
references: Authority to
adopt plumbing code by reference, R.R.S. 1943, § 18-132.
Secs. 18-182--18-200.
Reserved. (return
to ch. 18)
__________
*Cross references: Businesses, ch. 22.
__________
No person shall
hereafter engage in or work at the business of a master plumber or journeyman
plumber in the city until he shall have registered as a master plumber or
journeyman plumber. Application for registration shall be made in writing to
the city administrator, showing the name and residence of the applicant, the
business location of the applicant, and such other information as may be
required.
(Code 1974, § 10-401)
State law
references: Similar
provisions, R.R.S. 1943, § 18-1910.
Any firm may be
registered as a master plumber in the name of such firm provided that such firm
shall have a master plumber who is duly registered as provided in this article.
Such master plumber must be a bona fide officer of the firm or an employee who
is regularly employed by the firm and is actually engaged in the planning,
superintending and practical installation of plumbing and drainage. The master
plumber listed and registered by such firm shall be in actual charge of and
responsible for the installation, removal, or repair of any plumbing or
drainage work done by such firm.
(Code 1974, § 10-404)
State law
references: Similar
provisions, R.R.S. 1943, § 18-1910.
Sec. 18-203.
Expiration and renewal of registration. (return to ch. 18)
All plumbers
registrations shall expire on December 31 of the year in which they are issued,
and shall not be assignable. Certificates of registration may be renewed upon
payment of the required registration fee.
(Code 1974, § 10-405)
State law
references: Similar
provisions, R.R.S. 1943, § 18-1908.
Sec. 18-204.
Revocation of certificate of registration. (return to ch. 18)
The council by a
majority vote shall have power to revoke any master plumber's or journeyman
plumber's certificate of registration upon the recommendation of the building
inspector or his designated representative if the certificate was obtained
through error or fraud, or if the recipient is shown to be grossly incompetent,
or has a second time willfully violated any of the provisions of the plumbing
code. If a certificate of registration is revoked, the holder shall not apply
for registration for one year after such revocation.
(Code 1974, § 10-408)
State law
references: Similar
provisions, R.R.S. 1943, § 18-1909.
Sec. 18-205.
Unlawful transfer of certificate. (return to ch. 18)
No registered plumber
shall allow his name to be used by another person, directly or indirectly, to
obtain a permit for the installation of any work; and if any registered plumber
violates this provision, the council shall forthwith revoke the certificate of
registration issued to such plumber. In addition to having his certificate of
registration revoked, such master plumber may be prosecuted under section 1-9.
(Code 1974, § 10-409)
The city clerk shall
collect all registration and renewal fees as occupation taxes and shall pay
them to the school district within the city. The council shall have the right
to classify plumbers for the purpose of setting registration and renewal fees
in such categories as they may in their discretion set. Such categories are
declared to be reasonable and nondiscriminatory. The actual amounts of the
registration and renewal fees shall be on file at the office of the city clerk.
(Code 1974, § 10-410)
State law
references: Similar
provisions, R.R.S. 1943, § 18-1911.
(a) For the purpose of raising revenue, an
occupation tax for plumbers is levied in an amount to be set by the council.
(b) The city clerk shall collect all fees,
permits, taxes and renewals and credit them to the general fund.
(Code 1974, §
10-410.01)
The provisions of this
article relating to plumbers shall not apply to any public utility company
serving the city and its inhabitants under a franchise agreement with the city,
or its agents and employees, and shall not be construed as a limitation or
restriction upon any franchises granted by the city.
(Code 1974, § 10-411)
Secs. 18-209--18-240.
Reserved. (return
to ch. 18)
__________
*Cross references: Environment, ch. 34.
State law
references: Abatement of
dangerous buildings, R.R.S. 1943, §§ 18-1722, 18-1722.01.
__________
If any owner of any building or
structure fails, neglects, or refuses to comply with notice by or on behalf of
the City to repair, rehabilitate, or demolish and remove a building or
structure which is unsafe, or a public nuisance, or is in violation of the 2006
International Property Maintenance Code as adopted by Wayne Municipal Code,
Sec. 18-242, the City may proceed with the work specified in the notice to the
property owner. A statement of the cost
of such work shall be transmitted to the Council. The Council may levy the cost as a special assessment against the
lot or real estate upon which the building or structure is located; which
special assessment shall be a lien on the real estate and shall be collected in
the manner provided for special assessments; or collect the cost from the owner
of the building or structure and enforce the collection by civil action in any
court of competent jurisdiction.
Adopted code edition shall become effective January 1, of the calendar
year following code publication.
(Code 1974,
§ 9-601; Ord. No. 2007-24, §, 12-4-2007)
State law
references: Similar
provisions, R.R.S. 1943, § 18-1722.
Sec. 18-242.
Property maintenance code adopted by reference. (return to ch. 18)
To provide the standards
for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary, and fit for occupation
and use; and the condemnation of buildings and structures unfit for human
occupancy and use and the demolition of such structures, the 2006 International
Property Maintenance Code, printed in book or pamphlet form, is incorporated by
reference in addition to all amendments or revised editions of the
International Property Maintenance Code thereto as though printed in full in
this section insofar as such code does not conflict with the state statutes.
One copy of the code adopted in this section is on file at the office of the
building inspector and is available for public inspection at any reasonable
time. The provisions of the code adopted in this section shall be controlling
throughout the city and throughout its zoning jurisdiction. Adopted code edition shall become effective
January 1, of the calendar year following code publication.
(Code 1974, § 9-602;
Ord. No. 2000-15, § 5, 7-25-2000; Ord. No. 2007-24, §, 12-4-2007)
State law
references: Authority to
adopt codes by reference, R.R.S. 1943, § 18-132.
Secs. 18-243--18-300.
Reserved. (return
to ch. 18)
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*Cross references: Streets, sidewalks and other public
places, ch. 70.
State law
references: Authority to
regulate and prevent the moving of buildings, R.R.S. 1943, § 16-210.
__________
(a) It shall be unlawful for any person to
move, or cause to have moved, any permanent, previously used or otherwise
occupied structure greater than 150 square feet including but not limited to
garages and storage type structures, along or across any road, street, or
alley, into or within the jurisdiction of the city, except as provided in this
article. Any person desiring to move any permanent structure, previously used
structure, or otherwise occupied structure, including garages and storage type
structures, upon, along or across any road, street, or alley of the
jurisdiction of the city shall make written application to the building
inspector for a permit to do so.
(b) This section shall not pertain to new
designed modular or mobile type structures moved into and/or through the
jurisdiction of the city. Buildings and/or structures of 150 square feet or
less, determined by exterior measurements of the structure, shall be exempted
from this section.
(c) Prior to issuance of a moving permit,
the applicant shall provide and state the following to the city building
inspector:
(1) A vermin-free certification from a reputable
exterminating firm.
(2) Description of the lot on which the structure
is located within the jurisdiction of the city.
(3) Proof of ownership of the structure.
(4) A statement of verification that all taxes have
been paid at the structure's current location.
(5) Proposed route of travel of the structure.
(6) A certified engineer's statement that the movement
of the structure will in no way have adverse effects upon any road surface or
bridge on or along the proposed route within the city jurisdiction.
(7) Date of the proposed move.
(8) Proof that the structure will be moved by a
licensed and bonded contract mover.
(9) Proof of liability insurance, provided by the
moving contractor, in the amount of $1,000,000.00.
(10) Estimate of the time required to complete the
move.
(11) Written and signed statement indicating the
intended use of the structure at the new site.
(12) If within the jurisdiction, a signed statement,
attesting that all utilities will be properly disconnected and abandoned as per
this Code to include, but not be limited to, electrical connections, shutting
off the water, and properly plugging and sealing all sewer lines back of curb
or at right-of-way.
(13) Legal description of the lot the structure will
be placed upon.
(14) To-scale drawing depicting the exact location
of the structure on the new site or lot, if within the jurisdiction of the
city.
(15) A cost of repair, remodel, or construction
estimate provided by a reputable and practicing construction firm, recognized
by the city as an active firm engaged in repair, remodel, or new construction.
(16) A certified copy of any and all recorded
covenants in place at the new lot location.
(17) An approved building permit, from the city,
meeting all the requirements of the adopted electrical and building codes in
force at the time of application.
(18) A complete set of blueprint drawings, pr
