A.
Building identification required. Each residence, place of business,
including commercial and/or industrial, and all other buildings required
by the Building Official shall for the health and safety of the residents
and property display a legible identification number, said numbers
being three inches or larger in contrasting colors to the building
to which they are attached. Said numbers shall be located in a conspicuous
and obvious place facing the street either directly above or within
three feet to the left or to the right of the upper half of the main
entrance to the building. In the event there are two main entrances
or front doors, both doors shall contain within three feet thereof
the same numbers.
B.
In addition to the above requirements, where mail delivery is provided
in mailboxes located at or adjacent to the roadway in front of the
building to be identified, the owner shall place the building identification
numbers with numerals no smaller than two inches in height on mailboxes
which stand adjacent to or on the roadway. It shall be unlawful to
cover any of these numbers at any time, and it shall be further required
that in the event that the numbers become covered by snow or otherwise,
it shall be the duty of the owner of the premises to uncover said
numbers so that they shall remain clearly visible.
C.
Identification practices prohibited. It shall be a violation of this
section to display numbers attached to the front door, main door or
any door of the building, including the garage door. Manuscript or
numerals in writing shall not be permitted to satisfy the provisions
of this section. The numerals and numbering required under this section
shall be of the Arabic-type numerals.
D.
New buildings. For newly constructed buildings, the identification
numbers shall be placed no later than the date of issuance of the
certificate of use and occupancy. Identification numbers for buildings
shall be designated by the Village of Fox Crossing through the office
of the Director of Community Development of the Village of Fox Crossing.
No numbers shall be assigned, changed or replaced upon the building
without first being approved by the Director of Community Development
of the Village of Fox Crossing.
E.
Building Official approval. The Building Official shall have the
authority to require that additional building identification be placed
either upon the building or at a position between the building and
the roadway which will allow for ease of building identification.
F.
Multifamily dwelling. In addition to the above requirements, multifamily
dwellings that have storage rooms, cages or facilities separate from
the resident's dwelling shall have the same type of numbering (dwelling
number or letter) affixed to the front door of the storage area. Multifamily
dwellings that have vehicle parking below the dwelling shall have
parking stalls affixed with numbers or letters that correspond with
the occupants' residences. Detached garages shall likewise be affixed
with identification that corresponds with the occupants' residences.
G.
Penalty clause. The Building Official shall cause the building identification
to be placed on the building in the event of noncompliance. Any costs
incurred from such action shall be billed to the owner of the property
and placed as a special lien against the property.
A.
Definition of swimming pool. A "swimming pool" is any structure,
basin, chamber or tank containing or capable of containing an artificial
body of water intended for use by the owner or owners for swimming,
diving or recreation bathing having a depth of two feet or more at
any point.
B.
In-ground private residential swimming pool requirements.
(1)
The inside edge of the wall of any in-ground private swimming pool
shall not be closer than seven feet to any side lot line or rear lot
line. The accessory building structure or pool equipment shall not
be closer than seven feet to any side or rear lot line.
(2)
Swimming pools that are filled with water before permanent fence
is installed must be protected by a temporary enclosure. This in no
case shall exceed 30 days from the time the pool is filled with water.
(3)
Permanent fencing shall be no less than four feet nor more than six
feet in height and shall have gates of equal height with latches designed
to prevent the entrance of children under the age of seven years.
The gates shall be kept securely latched at all times whether the
pool is or is not in use. In-ground swimming pools may utilize a pool
cover in lieu of the above fencing requirements. These covers must
meet the following standards:
[Amended 4-26-2021 by Ord. No. 210412-2]
(a)
The pool cover must meet the standards of the American Society of
Testing and Materials (ASTM).
(b)
The pool cover must be motorized; other locking types are prohibited.
(c)
The switch to operate/activate the cover must be installed at a height
no less than 60 inches above the pool deck, placed in a lockable case
or require a key or code-operated touch pad to operate/activate the
cover.
(d)
The switch to operate the cover must be set in a location that the
operator has a full unobstructed view of the pool area and surroundings.
(e)
The cover must meet all minimum standards identified by the ASTM
listing, including, and not limited to, operating controls, minimum
cover loads, perimeter deflection, surface drainage, and minimum size
of openings.
(f)
When the pool is not in use, the cover must be securely placed over
the pool. Pool covers should be checked periodically for any failure
mechanically or other issues that may compromise the integrity of
the cover.
(g)
The cover must be maintained per the manufacturer's specifications
and directions. Any modifications outside of the manufacturers specifications
and directions are strictly prohibited.
(h)
A method of closing the pool cover must be available if a power failure
occurs. There shall be, at minimum, a manual method of closing and
securing the cover and/or a battery backup system.
(i)
Any new or replacement cover shall be approved by the Building Department
prior to installation.
(j)
The owner of the pool cover shall provide the Building Department
with a written verification that the cover is functioning correctly
on an annual basis.
(k)
If the Building Department does not receive the above written verification,
or the pool cover is found to be uncovered without adult supervision,
the Building Inspector can require the installation of a fence meeting
the requirements of this section.
(4)
Pools completely enclosed by a structure with secure doors to prevent
the entry of children under the age of seven years shall not be required
to meet the fencing requirements established hereunder.
C.
Aboveground private residential swimming pool requirements.
(1)
No part of any aboveground private residential swimming pool, including
platforms, railings, accessory buildings or pool equipment, shall
be closer than seven feet to a side property line or rear property
line, nor closer than 30 feet to a street property line or closer
than the setback line of the main building structure, whichever is
greater.
(2)
Aboveground pools shall be enclosed with adequate and secure fencing at least four feet in height above adjoining grade to prevent the entrance of children under the age of seven years. Fence requirements as set forth in Chapter 435, Zoning, of the Municipal Code shall apply.
(3)
Aboveground pools with walls that are at least four feet in height
at all points around said pool or that have platforms and railings
that are four feet or more in height above grade are not required
to provide enclosing fencing.
(4)
Where an aboveground pool is permitted without being enclosed with
a four-foot-high fence, the ladders and/or stairways serving such
pool shall be adequately secured to prevent entry into the pool at
all times that the pool is not in use.
D.
Inflatable swimming pools. Inflatable aboveground swimming pools must also meet all code requirements for aboveground swimming pools as described in Subsection C above, including fencing requirements.
E.
Permits required.
(1)
A pool permit shall be applied for and obtained prior to the installation
of any private residential swimming pool.
(2)
The application for permit shall be accompanied by a site plan drawing
of the premises upon which the proposed pool is to be installed. The
site plan shall show the shape and size of the lot, the location and
size of all buildings, structures and fences, existing or proposed,
and any other information affecting the premises. The site plan shall
be accurate and dimensioned.
(3)
Plumbing installations for the operation of a swimming pool are required
to be done in compliance with the Village Building Code under a plumbing
permit issued by the Village of Fox Crossing.
(4)
Electrical installations made for the operation of a swimming pool
are required to be done in compliance with the National Electrical
Code and the Village Building Code under an electrical permit issued
by the Village of Fox Crossing.
F.
Drainage. The drainage of swimming pools shall be directed to a public
storm sewer or catch basin connected to the public storm sewers. Drainage
shall be controlled to prevent any adverse effect on adjoining property.
G.
Enforcement and penalty.
(1)
Any person who shall violate any portion of this section of the code regulating swimming pools shall be subject to the penalties as set forth in § 383-54.
(2)
In addition to the penalties specified above for violation of this
section, the Village of Fox Crossing by its Building Official shall
have the following powers to check the health and safety of residents
in the event of violations of this section: the Building Official,
upon notice of a violation of this section, shall immediately, in
writing, notify the person of such complaint and such violation and
in writing direct him to make immediate corrections within 15 days
of the date of the Building Official's directive in writing. In the
event the repairs, changes or corrections cannot be made within 15
days, the Building Official shall have authority to extend the time
allowed for corrections. In the event the repairs are not made within
the fifteen-day period or other extended period as granted by the
Building Official in writing, the Building Official shall have the
authority to go upon the premises and secure the pool area or take
whatever action is necessary, on a temporary basis, to prevent harm,
injury or death to residents on the premises or frequenters thereto.
All costs incurred under this section shall be billed to the owner
of the property where said swimming pool exists, and in the event
they are not paid they shall be placed as a special lien against the
property.
(3)
When the Building Official is of the opinion there is an immediate
danger to the public or public health which would endanger life, the
Building Official shall cause the necessary work to be done to render
such swimming pool safe or the removal of such swimming pool when
deemed necessary, whether or not legal procedure herein prescribed
has been instituted. All costs incurred in such action shall be billed
to the owner of the property where said swimming pool exists and placed
as a special lien against the property.
A.
Permit required. No building shall be moved over the streets or roads
of the Village unless approved by the Director of Community Development
and the Building Official and a permit issued for said move.
B.
Procedure. Any person wishing to move a building over the streets
or roads of the Village shall make application to the Building Official
on a form available from the Building Official. Such application shall
be signed by the owner of the property to where the building is being
moved. The Director of Community Development and the Building Official
shall review the application and shall either approve or disapprove
the request for a building move. Upon approval, the Building Official
shall issue a moving permit for relocation of the building in accordance
with the application and in accordance with all Village ordinances
and state law. The moving permit shall be limited in scope to only
provide for the relocation of a building in accordance with all Village
ordinances and state law.
C.
Permit to state requirements. Every permit issued shall state all
conditions to be complied with and designate the route to be taken
and the limit of time for removal.
(1)
The moving of the building shall be continuous during all hours of
the day until the moving is completed, to cause the least possible
obstruction to streets or roads.
(2)
No building shall be allowed to remain stationary overnight on any
street or road crossing or intersection.
(3)
Red warning lights shall be placed conspicuously at both ends of
the building during the night.
(4)
The mover of the building shall report daily to the Village of Fox
Crossing Fire Department and the Village of Fox Crossing Police Department
the location of the building on the street or road.
(5)
The mover of the building shall contact the Village of Fox Crossing
Fire Department and Village of Fox Crossing Police Department as to
the date and time of the move.
(6)
If a building being moved must remain stationary on a street or road
for any period of time, permission for such shall be obtained from
the Director of Community Development and the Building Official, and
the building shall be so placed as to permit easy access to any fire
hydrant.
(7)
The building shall be of such length, height and width that in the
opinion of the Building Official it will not interfere with power
lines, trees and other structures along the route to be traveled.
(8)
No building shall be moved over a bridge in the Village.
D.
Moving damaged buildings. For any building that has deteriorated
or has been damaged by any cause (including such moving and separation
from its foundation and service connections in the case of moved buildings),
if the cost of repairs is greater than 50% of its assessed value as
determined by the Village Assessor, said building shall not be moved
within or into the Village, and no permit shall be granted to move
said building within or into the Village.
E.
Permits to be granted.
(1)
Permit fees. Permit fees, including applicable escrow, shall be as
set forth in the Village Fee Schedule, reference this Code section,
and shall be paid to the Village.
(2)
The applicant shall deposit with the Village a bond of $2,000 with
acceptable surety running to the Village conditioned that he/she will
save and indemnify the Village against any costs, expenses, or damages
which may in any way accrue against the Village by reason of moving
and will hold the Village harmless against all liabilities, judgments,
costs and expenses as a consequence of the granting of a permit.
F.
Inspector to be appointed. The mover of any building to whom a permit
has been granted shall notify the Building Official of the time when
moving is to begin. The Building Official may appoint an inspector
to be present during the moving operations to supervise such moving.
The appointment of an inspector in no way relieves the mover from
any liability for damage that may be done during the moving operation.
G.
Buildings moved within Village. No building shall be moved from one
location to another location within the Village limits without certain
conditions being met.
(1)
The Building Official shall issue a moving permit for the relocation
of said building in compliance with all building and zoning regulations.
No building moving permit shall be issued until approved by the Director
of Community Development and the Building Official.
(2)
No building shall be moved from one location to another location
within the Village if said building has been in existence more than
50% of its estimated life expectancy as set forth in Marshall and
Swift, Marshall Valuation Service.
(3)
No building shall be moved from outside the corporate limits of the
Village to within the corporate limits of the Village unless approved
by the Director of Community Development and the Building Official.
H.
Buildings moved from within Village to outside of Village. No building
shall be moved from within the Village to outside the Village unless
approved by the Director of Community Development and the Building
Official and a moving permit issued.
I.
Moving of small buildings on trucks or trailers.
(1)
Smaller buildings of one story in height and not more than 14 feet
wide inclusive of any projections may be moved on a truck or trailer
equipped with pneumatic tires.
J.
Time limitations and special provisions.
(1)
Time limitation. No hole or open basement foundation established
for the purpose of moving a building from the site or to the site
shall remain open for more than 30 days from the date the hole or
basement foundation is established. Prior to the end of the thirty-day
time frame, a building shall be placed upon the hole or open basement
foundation site, or the hole shall be filled or open basement foundation
site shall be removed and the site restored to grade.
(2)
Time limitation expiration. In the event the hole or open basement
foundation is not covered with a building as provided herein, then
the Village shall provide notice to the owner of the land that pursuant
to the police powers of the Village if the open hole or open basement
foundation is not covered with a building within 30 days, then the
Village, at the Village's discretion, may fill any hole or remove
any basement foundation and restore the site to grade. Any costs incurred
by the Village's action as set forth herein shall be billed to the
owner of the property and placed as a special lien against the property.
(3)
Protective fences. All sites which have either a hole or basement
located on the lot for the purpose of moving a building to the site
or from the site shall have a protective fence surrounding the hole
or basement foundation. The protective fence shall be at least four
feet tall and shall not allow for a six-inch sphere to pass through
the fence. The fence shall be in good condition and shall prevent
entry onto the hole site. The protective fence as described herein
shall remain at the site during all times the hole or basement foundation
remains open. However, no protective fence shall be allowed for a
period of time to exceed 30 days from the date the hole or open basement
foundation is established.
Before a building can be demolished or removed or a mobile or
manufactured home can be moved or relocated, the owner or agent shall
notify all utilities having service connections within the building
such as water, electric, gas, sewer and other connections. A permit
to demolish, remove or relocate a building shall not be issued until
a release is obtained from the utilities, stating that their respective
service connections and appurtenant equipment such as meters and regulators
have been removed or sealed and plugged in a safe manner.
Whenever a building is demolished or removed, or a mobile or manufactured home moved or relocated, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and the installation of all necessary fences in accordance with this chapter. See § 383-51J, Time limitations and special provisions.
It shall be unlawful for any person to construct, use, occupy,
or maintain any building or structure in violation of any provisions
of this code, or to cause, permit or suffer any such violations to
be committed. It shall be the responsibility of the offender to abate
the violation as expeditiously as possible. Each violation and each
day a violation exists or continues shall constitute a separate offense.
If, in any action, a permit was issued, it shall not constitute a
defense, nor shall any error, oversight or dereliction of duty on
the part of the Building Official constitute a defense.
A.
Prosecution of violation. Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, be penalized in accordance with the current procedures and policies of the Village of Fox Crossing Municipal Court. A fine as provided in Chapter A450, Fines and Penalties, together with the costs of prosecution, shall be charged to the offender for each offense.
B.
Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the Village Attorney from instituting appropriate
action to prevent unlawful construction, or to restrain, correct or
abate a violation, or to prevent illegal occupancy of a building,
structure or premises, or to stop an illegal act, conduct, business
or use of a building or structure in or about any premises. The Village
Attorney is hereby authorized to institute appropriate action to prevent
unlawful construction, or to restrain, correct or abate a violation,
or to prevent illegal occupancy of a building, structure or premises,
or to stop an illegal act, conduct, business or use of a building
or structure in or about any premises. In addition, the Village, upon
successful prosecution and/or enforcement of the Village ordinance,
shall be entitled to reasonable attorneys' fees and costs for the
prosecuting of the same.
