In the city, building codes and regulations
are administered and enforced by the code official or authorized designee.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
Any person or his/her successors
or assigns who has filed a permit application or received a permit
under this title shall allow entry by the city on the site for the
purposes of inspection and monitoring.
(b)
For the purpose of conducting inspections and enforcing this title, the code official or other authorized agent of the city shall comply with section
1.01.010 and shall only enter private property at reasonable times:
(1)
With consent of: The owner; or an
adult resident, tenant, or lessee occupying the property; or the owner’s
designated agent; or
(2)
Pursuant to a lawfully issued administrative
warrant.
(Ordinance 2019-08-26-02 adopted 8/26/19)
Whenever any work is being done contrary
to the provisions of any ordinance, the code official or authorized
designee may order the work stopped by notice in writing (stop-work
order) served on any persons engaged in the doing or causing such
work to be done. The stop-work order shall be posted on the property,
and any such persons shall stop such work until authorized by the
code official or authorized designee to proceed with the work. Stop-work
orders may not be removed except by authorized personnel of the city.
(Ordinance 2019-08-26-02 adopted 8/26/19)
Whenever any structure is being used contrary to the provisions of this article, the code official or authorized designee may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within 72 hours after receipt of such notice or make the structure, or portion thereof, comply with the requirements of this article; provided, however, that in the event of an unsafe building, division
13 of this article shall apply.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
The building and development services
department (BDS) shall receive all applications for building, site
preparation, site or utility development, and landscaping permits
in the city. Permit applications must be signed and acknowledged by
the property owner. Property owners may designate an authorized agent
to schedule inspections and coordinate with the city and its representatives
in fulfilling the needs of the permit. Applications shall contain
all information required by BDS including but not limited to site
plans, specifications, survey, and applicable certifications as deemed
applicable.
(1)
Foundation certification.
All foundation plans shall be signed,
sealed, and dated by a licensed professional engineer.
(2)
Septic system certification.
Septic system plans shall be signed,
sealed and dated by an engineer or registered sanitarian.
(3)
Roof and floor framing plan certification.
Roof and floor framing plans shall
be certified by an engineer or architect. Any revisions to certified
plans must be resubmitted for approval by the design engineer/architect.
(4)
Site plans shall show all improvements
reasonably necessary to prevent erosion from occurring after completion
of development.
(5)
No building or structure shall be
placed nor excavation made, or fill placed, on any lot in the city
or in the city’s right-of-way which will divert or impound the
natural flow of surface water in a manner that damages the property
of another by the flow of the water diverted or impounded.
(6)
A survey of the lot (form survey)
shall be required by staff to verify the conformity of the building
or structure to approved plans and specifications.
(7)
Surface water drainage.
No building or structure shall be
placed nor excavation made, or fill placed, on any lot in the city
or in the city’s right-of-way which will divert or impound the
natural flow of surface water in a manner that damages the property
of another by the flow of the water diverted or impounded.
(b)
Code official’s authority.
The code official or authorized designee
shall have final authority for permits for which no variance is requested.
The code official or authorized designee may deny any new permit to
applicants with existing violations of the city building code until
such violations are corrected to the satisfaction of the code official.
The code official or authorized designee may, in writing, suspend
or revoke a permit issued under the provisions of this article whenever
the permit is issued in error, or on the basis of incorrect information,
or for violations of the provisions of this article or any other city
ordinances.
(c)
Permit bonds.
(1)
Before a permit for construction
of any improvement is issued, the applicant shall submit to the city
a permit bond in a form acceptable to the city in the principal sum
of ten thousand dollars ($10,000.00).
(2)
The city may require that the amount
of the permit bond be increased by an additional amount of $1,000.00
for every 1,000 square feet of proposed structure(s) and parking facilities
that exceed 10,000 square feet.
(3)
In the event that the applicant proposes
altering existing public streets or roadways in the construction of
proposed improvements, or in the event that the applicant either proposes
or is required by applicable law to construct new street(s) or roadway(s)
to provide access to the proposed improvements, the city may require
that the amount of the permit bond be increased by the additional
amount of $1,000.00 for each 1,000 square feet of roadway to be altered
or newly constructed.
(4)
Governmental agencies shall not be
required to submit a permit bond pursuant to this section.
(5)
The city may waive the requirement
of a permit bond for construction of minor improvements to existing
structures or for construction of improvements where the estimated
cost of such construction does not exceed $10,000.00.
(6)
The city may cancel or revoke the
permit of an applicant found not to be in compliance with this section.
A cancellation or revocation of a permit pursuant to this subsection
shall not relieve the holder of any obligation to cure or abate any
nuisance resulting from a cessation of construction of improvements.
(d)
Minimum insurance required.
(1)
Before a permit is granted under
this article, the applicant shall furnish to the city a certificate
of insurance showing a waiver of subrogation in favor of the city
and the city as the certificate holder, proving that he has procured
public liability and property damage insurance in the following amounts:
(A) For damages arising
out of bodily injury or death of one person in any one accident: $250,000.00.
(B) For damages arising
out of bodily injury or death of two or more persons in any one accident:
$500,000.00.
(C) For injury or destruction
of property in any one accident: $250,000.00.
(2)
Such insurance shall be kept in full
force and effect during the period of time for which a permit shall
be issued or until the issuance of a certificate of occupancy or certificate
of completion. The city may waive this insurance requirement for minor
construction projects.
(3)
Governmental agencies shall not be
required to submit proof of insurance pursuant to this section.
(e)
When the BDS department issues an
approved permit, the plans will be endorsed. Such approved plans and
specifications shall not be changed, modified, or altered without
authorization from the code official or authorized designee, and all
work shall be done in accordance with the approved plans.
(f)
Upon issuance, the permit shall be
signed by the applicant or his authorized agent, and by the appropriate
licensed contractor or installer if applicable. Prior to commencing
work on the permitted project, a copy of the signed permit shall be
returned to the BDS department, and a copy shall be posted on the
worksite.
(g)
Completing projects.
(1)
All permits shall expire eighteen
(18) months after issuance. Extensions may be granted by the code
official for up to an additional 6 months for extenuating circumstances.
The code official may elect to present any extension request to the
CBC for determination. Additional extensions for residential permits
may be requested from the CBC and subject to public notice requirements.
Additional extensions for commercial and multifamily permits may be
requested from city council and subject to public notice requirements.
(2)
Structures damaged or destroyed by
fire or disaster that are to be rebuilt shall have the necessary permits
to rebuild applied for within 60 days of the incident.
(3)
Structures which are not to be rebuilt
shall be demolished and the site totally cleared and revegetated within
three (3) months of the date of the fire or disaster.
(4)
Applications shall be deemed to have
been abandoned 180 days after the date of filing unless such application
has been pursued in good faith or a permit has been issued.
(5)
Every permit approved by the city
under the provisions of this article shall expire by limitation and
become null and void if the permit authorized by such approval is
not issued within 30 days from the date of such approval.
(Ordinance 2019-08-26-02 adopted 8/26/19)