Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable for a fine as provided in section 1.01.009 of this code, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction shall be fined as herein provided.
(1995 Code, sec. 3-10; Ordinance adopting Code)
Any development, construction, site preparation, enlargement or structural alteration in violation of any provision of this chapter or the city building code is hereby declared to be a common nuisance and may be abated by the city in any manner authorized by law, including injunction and an action for damages.
(Ordinance 2000-10-00435, sec. 1, adopted 10/23/00)
Editor’s note–Former section 3.01.003 pertaining to the building official and deriving from section 3-1 of the 1995 Code, was repealed and deleted in its entirety by Ordinance 2011-01-00673 adopted by the city on January 20, 2011.
The provisions of this chapter shall be administered and enforced by the building official of the city, or such other person as may be designated by the city manager. All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the use of the property, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the city secretary, or such other person as may be designated by the city manager.
(Ordinance 2011-01-00673 adopted 1/20/11)
(a) 
Required; application; expiration.
(1) 
It shall be unlawful for any person, firm or corporation to commence the construction, enlargement or structural alteration of any building in the city or in its extraterritorial jurisdiction without first applying for and securing a building permit prior to commencement of development, construction or site preparation.
(2) 
The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which is authorized is lawful.
(3) 
The issuance or granting of a permit or approval of plans shall not prevent the administrative authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error.
(4) 
(A) 
Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit expiration, the permittee shall pay a new full permit fee.
(B) 
Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this subsection for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
(5) 
Every application for a building permit shall be accompanied by a drawing or plot plan in duplicate, together with such other copies as the building official may require for city review, showing the lot lines, the subdivision name, the lot and block numbers, the location of the building on the lot, accurate dimensions of building and lot, and such other information as may be necessary to provide for the enforcement of the zoning regulations. A record of the original copy of such application and plans shall be kept in the office of the building official and a duplicate copy of the approved plan shall be at the building at all times during construction and for four (4) years thereafter.
(b) 
Denial or revocation.
If the city, by and through an engineer engaged by the city for the purposes of studying and reporting on the application, determines that the construction, enlargement or structural alteration of any building or other structure or facility in the city or its extraterritorial jurisdiction would not comply with the provisions of any article of the city code or any ordinance of the city or would endanger the health or welfare of the citizens of the city, the city secretary shall so inform the city council, who may deny or revoke the building permit. The city secretary shall notify the applicant, in writing, of the denial.
(c) 
Fee.
At the time a building permit is issued, the city secretary shall receive from the applicant a fee that is set from time to time by resolution of the city council.
(d) 
Starting without a permit.
Where work for which a permit is started prior to obtaining a permit, the fee specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of the applicable building code in the execution of the work, nor shall it relieve the person from any other penalties that may be applicable.
(1995 Code, sec. 3-3; Ordinance 1996-05-00333.1, sec. 1, adopted 5/6/96; 1995 Code, secs. 3-3–3-5; Ordinance 2022-02-00944 adopted 2/17/22)
(a) 
Required; application.
It shall be unlawful for any person, firm, or corporation to use or occupy any building in the city without first securing a certificate of occupancy and compliance from the building official of the city. Application shall be made on forms furnished by the city secretary.
(b) 
Issuance; posting.
(1) 
When certificate issued; contents.
After final inspection when it is found that the premises and building or structure comply with the provisions of this code and with other pertinent ordinances of this jurisdiction, the building official shall issue a certificate of occupancy, which shall contain the following:
(A) 
The address of the building.
(B) 
The name and address of the owner.
(C) 
The description of that portion of the building for which the certificate is issued.
(D) 
The name of the building official.
(E) 
The zoning district in which the use is located.
(2) 
Temporary certificate.
A temporary certificate of occupancy may be issued by the building official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure.
(3) 
Posting.
The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.
(1995 Code, secs. 3-6, 3-7)
Registrants under the building code shall indemnify and hold harmless the city, its officials, employees and agents against all claims and damages, including attorney fees, for which the city and such persons do not have governmental immunity, which arise or result from the issuance and exercise of a permit issued hereunder pursuant to an application from a registrant.
(1995 Code, sec. 3-12)
(a) 
Regardless of materials or manner of construction, or unique characteristics of land, it shall be unlawful for any person, firm or corporation to do, or cause or permit to be done, the installation, revision, or relocation of any construction improvement where any part of such improvement is to be located in a public easement for street, drainage or utilities, except as such improvement may be specifically provided for the city ordinances.
(b) 
The term “improvement” includes, but is not limited to, concrete or asphalt paving, swimming pools, fences, retaining walls, temporary or permanent buildings, earth fill or excavation, and landscaping. “Improvement” shall not include public or private mailboxes or poles and boxes necessary for public utility services.
(c) 
Improvements in city street easements may be allowed by specific approval of the city council, subject to the property owner indemnifying the city against claims for repair or damages that might occur because of the improvements.
(d) 
Improvements in any other public easement may be allowed by specific approval of the city engineer, based on criteria which consider any adverse effect on the municipal use or purpose of the easement, and subject to indemnification by the property owner as described above.
(1995 Code, sec. 3-8)
Adequate sanitary facilities for the convenience of all workmen shall be provided. These facilities shall be kept in a clean and sanitary condition throughout the duration of the work. The temporary sanitary facilities shall be enclosed, screened, and weatherproofed and shall be connected to an approved septic system. Upon removal of the temporary facilities, the septic connection shall be removed and suitably capped. In lieu of connecting to an approved septic system, the temporary facility may be a portable, enclosed, chemically treated, tank-tight unit, as approved by the building official.
(1995 Code, sec. 3-9)
Loading, unloading and handling of construction material and the use of any tools or equipment used in construction, drilling or demolition work shall be permitted and lawful only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday, except by written special permission given by the building department. A person in control of the activity or the owner of such property commits an offense if he fails to prevent such construction during the prohibited hours.
(Ordinance 2000-10-00435, sec. 1, adopted 10/23/00)
(a) 
As a condition of receiving a permit for construction under this article, the owner and/or contractor shall place and maintain a minimum 20-cubic yard covered commercial roll-off container free from graffiti and in reasonable condition during the construction on the site subject of such permit. The roll-off container may be set a maximum of ten (10) calendar days prior to the start of construction, and must be removed prior to final inspection and/or issuance of a certificate of occupancy. Such roll-off container shall be removed and its contents disposed of in accordance with state and/or local laws. If, for any reason, construction is abandoned or stopped for a period greater than twenty-one (21) calendar days, such roll-off container shall be removed and its contents disposed of in accordance with state and/or local laws.
(b) 
The city council may by resolution establish such fee as it deems appropriate for the placement and/or maintenance of any roll-off container under this article.
(Ordinance 2016-04-00836 adopted 4/7/16)