The text
Sec. 4-1. - Building code adopted.#
(a)
The city hereby adopts the State Building Code, as amended, as the building code of the city.
(b)
The fee schedule for the city building board of standards and appeals established pursuant to subsection (a) of this section shall be set by the city council.
(Rev. Ords. 1987, § 4-1; Ch. 596, § I, 3-18-14)
Sec. 4-2. - Building numbering—Generally.#
Every building used for residential, commercial, industrial and/or any other purpose, fronting on any street or situated in whole or in part in the city shall have affixed thereto or otherwise posted on the premises, the street number which has been assigned to such building by the city. The street numbering, its location and size shall conform to the provisions of sections 4-2 through 4-7.
(Rev. Ords. 1987, § 4-2)
Cross reference— Streets and sidewalks, ch. 14.
Sec. 4-3. - Same—Assignment of numbers.#
(a)
House or building numbers shall be assigned from time to time by the building inspector, who shall, as soon as practicable after the assignment, cause notice of the number assigned to be mailed to the party or any one of the parties listed as an owner of premises on the tax records in the city as of January 1 of the year in which the number was assigned or notice mailed, whichever shall last occur. Such notice may, at the option of the building inspector, be given in person or by postal service mail.
(b)
For all new roads and developments, the building inspector will assign individual house or building numbers before granting a building permit.
(c)
Assigned house or building numbers will be kept on file in the tax assessor's office in the directories accompanying the platting maps for owners' information.
(Rev. Ords. 1987, § 4-3)
Sec. 4-4. - Same—Responsibility of property owners.#
It shall be the responsibility of the owner of any house, building, condominium unit or structure located in the city to procure the correct house, condominium unit or building number for the property from the building inspector's office and to immediately permanently fasten and place such number upon the building, condominium unit or house, as provided by sections 4-2 through 4-7. Final approval of any structure erected, repaired, altered or modified shall be withheld by the building inspector until permanent and proper numbers have been affixed to the structure in compliance with sections 4-2 through 4-7.
(Rev. Ords. 1987, § 4-4)
Sec. 4-5. - Same—Numbering specifications.#
(a)
The owner or person receiving written or printed notice from the building inspector that such real estate has been numbered or renumbered shall cause to be affixed the number so established and assigned, as provided in this section.
(b)
The owner, occupant or lessee of each and every structure which now fronts or which may hereafter front upon any public or private street or shall be located in whole or in part within the city shall cause the authorized and assigned number of such structure to be permanently and conspicuously placed in accordance with the specifications set forth in this chapter. Any building presently numbered shall display the existing number as set forth in this section.
(c)
Such assigned house, condominium unit or building numbers shall be:
(1)
Arabic numerals or script;
(2)
A minimum height of four inches;
(3)
Mounted in secure fashion to the front wall or porch of the building, condominium unit or house, so that it is clearly visible from the street;
(4)
Sufficiently legible as to contrasting background, arrangement, spacing and uniformity so as to be clearly visible from the street;
(5)
At least 30 inches above ground level and so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the street upon which the building fronts or otherwise;
(6)
If possible, the numbers shall be placed alongside any existing outside lighting, so that such numbers will be illuminated.
(d)
Placement of numbers on posts, rod or mailbox shall be as follows:
(1)
If the numbers affixed to the front of the building would not be visible from the street, as required in this chapter, then in the alternative, the requirements of sections 4-2 through 4-7 would be deemed satisfied if the owner, occupant or lessee shall provide the arabic numerals or script, as required in this chapter, upon a post, rod or other type of fixture of substantial nature adjacent to a driveway leading to such building so that the number may be conspicuous and visible from the road. The location shall not be greater than 12 feet from the edge of the roadway. A mailbox, post or rod on the opposite side of the street on which the building fronts or is located, will not satisfy the requirements of sections 4-2 through 4-7.
(2)
The rear door to any building, other than a residency, must also be marked as specified in this chapter. The business name, in three-inch letters must also be marked on the rear door to such building.
(Rev. Ords. 1987, § 4-5)
Sec. 4-6. - Same—Responsibility for maintenance.#
Each responsible person, as outlined in sections 4-2 through 4-7 and specifically in section 4-4, shall also be responsible for the maintenance and legibility of the required numbers as well as all other requirements provided in this chapter.
(Rev. Ords. 1987, § 4-6)
Sec. 4-7. - Same—Compliance, violations and penalties.#
(a)
Each responsible person, as outlined in sections 4-2 through 4-7 and specifically in section 4-4 shall be required to post, in accordance with the provisions of sections 4-2 through 4-7, the house, condominium unit or building number assigned to such building or house within 30 days after receiving notice according to the provisions of sections 4-2 through 4-7.
(b)
Any responsible person who fails to so post the house, condominium unit or building number in accordance with the specifications established in this chapter, upon 15 days' written notice of such failure from the fire chief, police chief or a designee, or building inspector and any person who unlawfully removes, defaces or conceals such numbers shall be subject to a fine of $25.00. In the event of the failure to post, keep posted or maintain such number in a legible condition, every 15 days such number is not so posted, kept posted or maintained in a legible condition, shall constitute and result in a separate offense and be subject to a fine of $25.00.
(Rev. Ords. 1987, § 4-7)
Sec. 4-8. - Notice of violation generally.#
(a)
Whenever the building inspector determines that there are reasonable grounds to believe that there is a violation of any code or of any rule or regulation adopted thereto, the building inspector shall give notice of violation or order on the owner or person responsible for the erection, construction, alteration, extension, repair, removal, demolition, use, or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this Code; and the order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(b)
Every notice or order authorized by this Code shall be in writing and shall be served on the owner or person responsible as defined in article 2 of the building code. Such notice of violation shall be deemed to be properly served upon such owner or person responsible:
(1)
By any person authorized to serve civil process within the state, by serving a copy of the order or notice personally upon the owner or person responsible or by leaving a copy of the order or notice at the owner or person responsible last and usual place of abode;
(2)
By sending the owner or person responsible a copy of the order or notice by regular mail and certified mail, to the last known address of such owner or owners; or
(3)
If the last and usual place of abode of the owner or person responsible is unknown, and a due and diligent search fails to locate the individual, by posting a copy of the order or notice in a conspicuous place on or above the premises in violation.
(Rev. Ords. 1987, § 4-8)
Sec. 4-9. - When second notice of violation to become a compliance order; service of compliance order.#
At the end of 30 days, the building inspector shall reinspect the building or structure described in the notice. If upon reinspection the violations alleged are determined by the building inspector not to have been corrected, he shall issue a second notice of violation on which shall constitute an order requiring that the then existing failures to meet the requirements of any provision of this Code or any rule or regulation adopted pursuant thereto, shall be corrected within 30 days after the date of the reinspection, if the person served with the second notice does not petition for a hearing on the matter in the manner hereinafter provided. The second notice of violation shall inform the person to whom it is directed of his rights to apply for a hearing before the building inspector and the procedure by which application for such hearing shall fulfill the requirements for service of the hearing. The building inspector shall cause a copy of the notice to be posted in a conspicuous place in or about the premises in violation, and serve it in the manner provided in this section. The building inspector, after the expiration of the time granted the person served with the second notice to seek hearing in the manner hereinafter provided by this chapter or by a court of competent jurisdiction to which an appeal has been taken, shall cause the second notice to be recorded in the office of the recorder of deeds. The notice shall state that a civil penalty as provided by state law has been imposed. Except as otherwise provided in this section, no notice and lien recorded under this chapter shall be released until the violation has been abated and the penalty imposed, as provided for in this section has been paid.
(Rev. Ords. 1987, § 4-9)
Sec. 4-10. - Transfer of ownership, etc., after notice of violation; duty of transferee, etc., with notice.#
(a)
All subsequent transferees of the building or structure, in connection with which a second notice has been so recorded, shall be deemed to have notice of the continuing existence of the violations alleged, and shall be liable to all penalties and procedures provided by this Code and by applicable rules and regulations issued pursuant thereto to the same degree as was their transferor.
(b)
It shall be unlawful for the owner of any building or structure upon whom a notice of violation/compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another until the provisions of the notice of violation/compliance order have been complied with or until such owner shall first furnish to the grantee, lessee or mortgagee prior to such transfer, lease or mortgage a true copy of any notice of violation/compliance order issued by the building inspector and at the same time notify the building inspector in writing of the intent to transfer, lease or mortgage either by delivering such notice of intent to the building inspector and receiving a receipt therefor or by certified mail, return receipt requested, giving the name and address of the person to whom the transfer, lease or mortgage is proposed. A transferee, lessee or mortgagee who has received actual or constructive notice of the existence of a notice of violation/compliance order is bound by such notice of order as of the date of such transfer, lease or mortgage without service of further service upon him.
(Rev. Ords. 1987, § 4-10)
Sec. 4-11. - Recordation of notices and orders.#
Whenever a second notice of violation/compliance order has been issued for a violation of this article or any rule or regulation adopted pursuant thereto, the building inspector shall file in the office of the recorder of deeds a copy of the notice/order. The notice, once recorded, shall be effective for a period of three years from the date of the recording, and, in the absence of an intervening renewal by the building inspector, shall cease to be a notice of violation at the expiration of the three-year term. Notices already of record as of June 18, 1985 will, in the absence of an intervening renewal by the building inspector, cease to be a notice of violation at the expiration of three years.
(Rev. Ords. 1987, § 4-11)
Sec. 4-12. - Appeals from compliance orders generally—Authorized.#
Any person upon whom a compliance order has been served may appeal from the compliance order to the state board of appeals.
(Rev. Ords. 1987, § 4-12)
Sec. 4-13. - Same—Application.#
Application for such an appeal may be made whenever it is alleged that the compliance order does not conform to the true intent of this Code or of the rules and regulations adopted pursuant thereto. An aggrieved party may appeal an interpretation, order, requirement, direction, or failure to act by the building inspector, charged with the administration or enforcement of this Code or any of its rules or regulations. The appeal shall be filed with the board of appeals within 30 days of the mailing or posting of the interpretation, order, requirement, direction, or failure to act.
(Rev. Ords. 1987, § 4-13)
Sec. 4-14. - Same—Effect.#
The filing of an appeal by the owner shall stay all actions required by the building inspector's interpretation, order, requirement, direction, or failure to act, unless the building inspector is charged with the administration or enforcement of this Code or any of its rules or regulations presents evidence, and the board of standards and appeals finds that upon the evidence presented, a stay would involve imminent peril to the public health, safety and welfare. Before waiving the stay proceedings, the board shall hold a hearing and give the appellant and state, or local agency claiming that a stay would involve imminent peril to public health, safety, and welfare, notice in writing of the hearing not less than 24 hours before the hearing.
(Rev. Ords. 1987, § 4-14)
Sec. 4-15. - Reimbursement of fees.#
It shall be incumbent upon the property owner to reimburse the city for any costs incurred as a result of any violation notification as provided for in sections 4-9 and 4-11, including, but not limited to charges for publication, recording and/or discharge of notices.
(Rev. Ords. 1987, § 4-15)