(a)
Any
person violating any of the provisions of this article governing property
within the fire limits of the city shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $5.00 nor
more than $100.00.
(b)
Each
separate day on which any of the provisions of this article governing
property within the fire limits is violated shall constitute a separate
offense, and the builder, carpenter, contractor or other persons constructing
or erecting or improving or repairing any building(s) or structure(s)
or the person owning or controlling the same shall each and all be
deemed guilty of a misdemeanor and may be proceeded against jointly
or severally by the city.
(c)
Each
day such a building or structure remains so erected, built, moved
or enlarged shall be and constitute a separate offense, and the marshal,
at any time, by order of the mayor, may take away, remove or destroy
the building or repairing, calling the assistance as may be necessary,
and all costs attending the same shall be taxed against the party
owning or controlling such building(s) or structure(s) and collected
as other costs, and in addition thereto civil proceedings may be instituted
to recover [such costs.]
(2004 Code, sec. 93.99(C))
It shall be unlawful for any person, firm or corporation to
erect within the fire limits of the city as hereby constituted any
building or part of a building or an addition to a building unless
outside and partition walls thereof be made of slate, tin, sheet iron,
gravel or other noncombustible roofing material, or to erect any building
of any character composed of wood or other combustible material; provided
this section shall not prevent the construction of frame awnings,
sheds or galleries in front of brick, stone or concrete buildings.
(2004 Code, sec. 93.02(A))
It shall be unlawful for any person, firm, company or corporation
to remove any frame building or buildings from without the fire limits
as now constituted, or as may hereafter be constituted by the city
council, into the fire limits, or to change or remove any such building
from one place to another therein.
(2004 Code, sec. 93.02(B))
(a)
It
shall be unlawful for any person, firm, company or corporation to
rebuild or repair within the fire limits any frame building or buildings
constructed in whole or in part of wood or any other combustible material,
which may hereafter be damaged by fire, storm or hurricane, when the
damage amounts to 50% of the value of the property before the damage.
(b)
The
amount of extent of the damage done to the property to be determined
by three disinterested persons, residents of the city, one of whom
shall be selected by the mayor, and the second by the owner of the
property or his or her agent or attorney, and the two so selected
shall select a third; the three persons, when thus selected, shall
examine the building and hear evidence when offered, and shall then
make their decision and report the same, in writing, to the mayor,
which shall be final and conclusive; provided, however, when the above
report shows that the damage occasioned does not exceed 50% of the
value of the building before the damage, the owner may repair the
same, but in no case shall the repairs put on the same render it more
dangerous to fire then it was before, and should the city council
decide the repairs to be more dangerous the owner should not thus
repair the same, and in order to prevent the repairs from being made,
the measures to suppress the same shall be used as are provided herein
in other cases for violation of the provisions of this section.
(2004 Code, sec. 93.02(C))
It shall be unlawful for any person to keep any cotton in bales
or otherwise or any hay, straw, fodder, shucks or shavings in any
public building or place, public or private, within the fire limits
of the city hereby constituted.
(2004 Code, sec. 93.02(D))
It shall be unlawful for any person to keep or maintain any
lumber or wood yard in any place for the purpose of storage and sale
of any cordwood, without a special permit, in writing, from the city
council.
(2004 Code, sec. 93.02(E))
Any person desiring or intending to erect any building, house
or other structure within the fire limits of the city, whether the
same be of the kind herein prohibited or not, shall make application,
in writing, to the mayor for permission to build the same and shall
state in the application the place where he or she proposes to build
the building(s) to be erected. On receipt of the application, the
mayor shall at once select two city council members, who, with himself
or herself, shall examine the application, and if the proposed building
does not conflict with any of the provisions of the ordinance(s) relating
to the fire limits, they shall grant permission, in writing, to the
person to proceed to build as proposed in his or her application.
(2004 Code, sec. 93.02(F))
