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Chapter 6
BUILDINGS AND BUILDING REGULATIONS*
Art. I. In General, §§ 6-1—6-15
Art. II. Building Code, § § 6-16 – 6-35
Art. III. Electrical Code, § § 6-36 – 6-55
Art. IV . Plumbing Code, § § 6-56 – 6-75
Art. V. Mechanical Code, § § 6-76 – 6-95
Art. VI. Dangerous and Unsafe Buildings and Structures, § § 6-96 – 6-110
Art. VIII. Reserved, § § 6-111 – 6-131
*Cross references - Fire prevention and protection, Ch. 10; garbage and trash, Ch.11; fair housing code, § 12-66 et seq.; offenses against property, § 14-56 et seq; noise restrictions on alteration, demolition, etc., of building, § 14-87(b)(7); streets, sidewalks and other public places, Ch. 20; subdivision regulations, Ch. 21; applicability of traffic regulations to person riding animals. § 23-6; utilities, Ch. 24; zoning, Ch. 27; enumeration of ordinances saved from repeal pertaining to condemnation, appropriation of property, App.J.
ARTICLE 1. IN GENERAL
Sec. 6-1. Plumber or electrician examinations.
No person shall provide service to the public or hold themselves out for hire, as a plumber or electrician in the city unless that person has passed an examination administered by the building official. Any person who fails to pass the examination may apply for re-examination after the expiration of thirty (30) days and upon payment of the regular examination fee. The examination fee shall be sixty-five dollars ($65.00).
(Ord. No. 2264, § 1, 2-10-86)
Editor’s note – Ord. No. 2264, §§ 1, 2, adopted Feb 10, 1986, did not specifically amend the Code; therefore, inclusion as §§ 6-1 and 6-2 respectively was at the discretion of the editor.
Sec. 6-2. Reserved.
Editor’s note – Ord. No. 3798, § 1, adopted June 23, 2002, repealed § 6-2, which pertained to a master plumber bond and derived from Ord. No. 2264, § 2, adopted Feb. 10, 1986.
Sec. 6-3 – 6-15. Reserved.
ARTICLE II. BUILDING CODE*
Sec. 6-16. Adoption of International Building Code.
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Warrensburg, being marked and designated as the International Building Code/2000, including appendix chapters B, C, E, F, G, H, I and J, as published by the International Code Council, Inc., be and is hereby adopted as the Building Code of the City Of Warrensburg in the State of Missouri; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code/2000, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions insertions, deletions and changes, if any, prescribed in section 6-18 of the Warrensburg Code of Ordinances.
(Ord. No. 2150, § 1, 2-27-84; Ord. No. 2336, § 1, 5-11-87; Ord. No. 2625, § 1, 2-25-91; Ord. No. 2701, § 1, 11-11-91; Ord. No. 3426, § 1, 4-12-99; Ord. No. 3693, § 1, 1-28-02)
*Cross references – Issuance of building permits restricted, § 20-27 ; building permits for structures in subdivisions, § 21-4; building permit required, § 27-27.
State law reference – Municipal authority to regulate construction of buildings, RSMo 77.500.
State law reference – Municipal authority to adopt technical codes by reference, RSMo 67.280.
Sec. 6-17. Fire limits.
(a) The following shall be and are hereby declared to be the fire limits of the city:
Beginning at the intersection of College Avenue and Gay Street, running thence south along the west side of College Avenue to the north side of Grover Street, thence west to the east line of Holden Street, thence south to the north line of Ming Street, thence west to the east line of Washington Avenue, thence north to the Missouri Pacific Railroad right-of-way, thence west along the south line of such railroad right-of-way to the east line of Warren Street, thence north along the east line of Warren Street to the north line of Pine Street, thence east along the north line of Pine Street to a point one hundred (100) feet west of the west line of Washington Avenue, thence north, parallel to the west line of Washington Avenue to the south line of Culton Street, thence east to the east line of Washington Avenue, thence north to the south line of North Street, thence east to the west line of College Avenue, thence south to the point of beginning.
(b) All other business and manufacturing firms established outside of the foregoing limits, are hereby declared to be in the fire limits.
(Code 1970, § 28-1)
Cross reference – Fire prevention and protection, Ch. 10.
Sec. 6-18. Additions, insertions and changes.
The International Building Code adopted by section 6-16 is hereby amended by substituting the following sections or portions of sections for those sections or portions of sections with corresponding numbers of the International Building Code/2000, or where there is no corresponding section in the code the following sections shall be enacted as additions to the code.
(1) Section 101.1. Insert “The City of Warrensburg”.
(2) Section 101.4.5. Delete in its entirety.
(3) Section 103.2. Delete in its entirety.
(4) Section 103.3. Delete in its entirety.
(5) Section 105.1.3. Add new section to read:
Structure Moving Permit Required. No person, firm or corporation shall move any structure within the city without having first obtained a permit from the building official for each structure to be moved.
a. Applications; exceptions. The requirements of this section shall apply to the moving of any structure within, to and from the city, except as set out below.
1. This section shall not apply to the moving of a detached accessory-type building, such as a tool shed, playhouse, or similar type building, which does not exceed one hundred twenty (120) square feet.
2. This section shall not apply to the moving of any structure when the structure being moved neither originates within the city, nor has a final destination within the city, and the movement of the structure within the city, is solely along roadways controlled by the State of Missouri.
b. Permit requirements. Application for a permit shall be on a form provided by the building official, and shall be accompanied by:
1. Verification that all utilities have been properly disconnected from the structure, if the structure is originally located within the city.
2. Verification that the contractor performing the move has a current license to do business within the city.
3. Proof that the contractor performing the move has comprehensive general liability insurance covering the move issued by a company authorized to do business in the State of Missouri in an amount of not less than one hundred thousand dollars ($100,000.00). Said insurance shall name the city as an additional insured.
4. A bond, or other evidence of security approved by the building official, in an amount not less than ten thousand dollars ($10,000.00), payable to the city, to cover any costs which the city might incur as a result of the mover’s failure to complete the moving of the structure in a timely and professional manner, including, but not limited to, the cost of completing the move in the case of the mover abandoning the work.
5. A copy of the permit for the move granted by the Missouri Highway and Transportation Department, if applicable.
6. Verification that any site within the city to which the structure is being moved has been properly prepared to accommodate the structure.
7. A map showing the proposed route for the moving of the structure upon the city streets.
8. Verification that an escort has been arranged for moving the structure.
9. A permit fee based on the current market value of the structure being moved, in accordance with the schedule established in this Code for building permit fees.
10. A requirement to place the building on its foundation within thirty (30) days of issuance of the permit, and to obtain a certificate of occupancy within one hundred eighty (180) days of issuance of the permit.
c. The application for a permit to move a structure shall be submitted to the building official at least three (3) business days prior to the scheduled date of the move.
d. Every move of a structure within the city shall comply with the overdimension and overweight permit regulations of the Missouri Highway and Transportation Department, unless exempt.
e. The application for a permit to move a structure must be approved by the city building Official.
f. Once issued, the permit must be attached to the structure being moved so that it is in plain view during the move.
(6) Section 105.2. Work exempt from permit.
Building: Item 6. Delete in its entirety.
Electrical: Repairs and maintenance. Delete the statement entirely. Replace with the following statement: “Any normal repair, or replacement, that does not alter its approval, add it the system, or make it unsafe.”
Mechanical: Item 5. Delete in its entirety. Replace with the following statement: “Any normal repair, or replacement, that does not alter its approval, add to the system, or make it unsafe.”
(7) Section 108.2.1. Add a new section to read:
Fee Schedule.
a. Building Permit Fee. A building permit fee shall be paid by each permit applicant. For new construction, this fee covers all trades (building, electric, plumbing, mechanical, etc.), only this one fee for the whole structure. The building permit fee shall be calculated as follows:
Gross area x Cost per sq. ft. x Construction modifier x Permit fee modifier = Permit fee,
Where:
Gross Area is the actual square footage of the structure.
Cost per Square Foot is the average cost of construction per square foot established semi-annually by the Building Official and Code Administrator magazine, a copy of which is kept on file in the building inspection division of the community development department.
Construction Modifier is that figure established by Building Official and Code Administrator magazine which reflects construction type and use of the building.
Permit Fee Modifier is that figure established annually by the building official which reflects the city’s expenses in providing building inspection services. The permit fee modifier is based on the percent recovery of the expenses of the building inspection division established by the city council by resolution from time to time. Separate rates of recovery may be established for industrial, commercial, multifamily and single-family structures.
b. Penalties Shall be Charged. A penalty will be charged when:
1. Construction is begun before a building permit has been obtained. Where construction is begun before a building permit has been obtained, a penalty equal to twice the permit fee, which would otherwise be applicable, will be charged.
2. Stop work order. When a stop work order has been issued, the builder will be charged a penalty for each inspection required as a result of the stop work order. This charge shall apply to each inspection required until the circumstances giving rise to the stop work order have been corrected. The amount of the penalty charged shall be equal to the actual cost to the City of the inspections required, pursuant to a schedule of hourly rates established by the City Annually.
3. Unusually complex construction. Where the proposed construction is of such a complexity that the cost to the city of obtaining the services of outside engineers, architects, or consultants to review construction plans or perform construction inspections exceeds fifty (50) percent of the building permit fee, the city may charge the builder/developer/owner the additional costs required due to the complexity of the construction. The amount of the charge shall be no greater than the actual charges of the outside professional which exceed fifty (50) percent of the building permit fee.
4. Mobile homes. Minimum fee for placement of a mobile home on a designated lot or in a mobile home park shall be thirty-five dollars ($35.00). This will include inspections of electric service, plumbing attachments, tie downs, and skirting.
c. Minimum Permit Fee. The minimum fee for any permit, including demolition, electric, plumbing, mechanical, or any other permit shall be twenty-five dollars ($25.00).
(8) Section 108.6. Amended to read as follows:
Fee refunds. The code official shall authorize the refunding of fees as follows:
a. The full amount of any fee paid hereunder that was erroneously paid or collected.
b. Not more than ninety (90) percent of the permit fee paid when no work has been done under a permit issued in accordance with this code, and the application has been withdrawn or canceled before any plan review effort has been expended.
c. The code official shall not authorize the refunding of any fee paid except upon written application filed by the original applicant, or their agent, not later than one hundred eighty (180) days after the date of fee payment.
(9) Section 110.4. Delete in its entirety, and add new Section 110.4 as follows:
Section 110.4 Temporary occupancy. Upon the request of the holder of a permit, the code official shall issue a temporary certificate of use and occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided that the holder of the permit has requested and received prior approval from the planning and zoning, fire, and public works departments of the City of Warrensburg on a form provided by the city to the permit holder, and the building official determines that all such portion or portions can be occupied safely prior to full completion of the building, structure or project without endangering life or public welfare. Such temporary certificate of use and occupancy shall be issued with a stated expiration date. The holder shall provide the city with a pledge agreement in an amount sufficient to complete the work. If the work is not completed by the stated expiration date, the pledge agreement will be exercised and work completed. Renewals of temporary certificate of use and occupancy shall not be allowed. The fee for issuance of a temporary certificate of use and occupancy shall be fifty (50) percent of the original building permit fee, which shall be refunded if the work is completed prior to expiration of temporary certificate of use and occupancy.
(10)Section 112. Delete in its entirety. See appendix B for board of appeals.
(11)Section 113.4. Delete in its entirety, and add new Section 113.4 as follows:
Section 113.4 Penalty provisions. Violation by any person of any provisions of any codes adopted by chapter 6 and 10 shall constitute an offense punishable under section 1-15 of the Code of Ordinances of the City of Warrensburg, Missouri.
(12)Section 114.3. Delete in its entirety, and add new section 114.3 as follows:
Section 114.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an offense and subject to a fine as provided in section 1-15 of the Code of Ordinances of the City of Warrensburg, Missouri. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(13)Section 115. Delete in its entirety. Article VI of chapter 6 of the Warrensburg Code of Ordinances shall apply.
(14)Section 1612.3: Insert “City of Warrensburg.”
(15)Section 1612.3. Insert “July 16, 1990.”
(16)Section 1805.2.1. In fourth line, change to read “100 square feet” instead of “400 square feet.”
(17)Section 3409.2. Insert “August 1, 1978.”
(18)Section B101.1. Amend by adding a last sentence, which states: “A filing fee of one hundred dollars ($100.00) shall be paid when application is submitted.”
(19)Section B101.2.2. Delete in its entirety, and add new section B101.2.2 which shall read: “The board of appeals shall consist of five (5) members. Each member and alternate shall be a contractor or superintendent of building construction with at least ten (10) years experience, five (5) years of which have been in responsible charge of work; or an engineer, architect, construction engineering technician or construction engineering technologist and there shall not be more than one (1) member of the board selected from any one (1) business, firm, corporation or institution.”
(20)Section B101.2.7. Delete in its entirety.
(21)Section B101.3. Add new last sentence which states: “The board shall meet at the earliest possible date that five (5) qualified members or alternates can attend.”
(22)Section B101.4.3. Add new section to read:
Section B101.4.3. Court review. Any person aggrieved by a decision of the board of appeals, or any officer or official board of the jurisdiction, may appeal to the appropriate court for a review of such decisions. Application for review shall be made to the proper court of jurisdiction within fifteen (15) days after the filing of the board’s decision in the office of the code official.
(23)Section G102.2. Insert “Date this ordinance is adopted.”
(24)Section G103.3. Add new last sentence to item 2, Determination of design flood elevations. All new or substantially improved structures in a flood hazard area shall be elevated to one (1) foot above the design flood elevation.
(25)Section G501.1. Elevation. Amend [to] add wording so that the last two (2) lines read: “manufactured home is elevated to one (1) foot above the design flood elevation.”
(26)Section H101.1.1. Add new:
Section H101.1.1. Precedence. Where differences occur between this code and article IX of chapter 27 of the Warrensburg Code of Ordinances, article IX of chapter 27 of the Code of Ordinances shall apply.
(Ord. No. 2150, §§ 3 – 5, 2-27-84; Ord. No. 2336, § 2, 5-11-87; Ord. No. 2625, § 2, 2-25-91; Ord. No. 2710, § 1, 12-23-91; Ord. No. 3096, § 1, 10-23-95; Ord. No. 3273, § 1, 11-11-97; Ord. No. 3426, §§ 2, 3, 4-12-99; Ord. No. 3693, § 2, 1-28-02)
Sec. 6-19. Adoption of International Residential Code.
That certain documents, three (3) copies of which are on file and are open for public inspection in the office of the City Clerk of the City of Warrensburg, Missouri, being marked and designated as International Residential Code/2000, including appendix chapters A, B, C, D, E, G, H, J and K, as published by the International Code Council and is hereby adopted as the code of the City of Warrensburg for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one and two family dwellings and townhouses not more than three (3) stories in height in the City of Warrensburg, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, 2000 edition, published by the International Code Council on file in the office of the City Clerk of Warrensburg are hereby referred to, adopted and made a part hereof as if fully set out in this section.
(Ord. No. 3694, § 1, 1-28-02)
Sec. 6-20. Additions, insertions and changes.
The International Residential Code adopted by section 6-19 is hereby amended by substituting the following sections or portions of sections for those sections or portions of sections with corresponding numbers of the International Residential Code/2000, or where there is no corresponding section in the code, the following sections shall be enacted as additions to the code.
(1) Section R101.1. Insert “The City of Warrensburg.”
(2) Section R103 Department of building safety. Delete in its entirety. Refer to Section 103 of the International Building Code.
(3) Section 105.2 Work exempt from permit. Under Electrical, add new last sentence: “A permit shall not be required for normal repair or replacement of any part which does not alter the electrical systems original approval or make it unsafe.”
(4) Table R301.2(1). Insert the following values in Table R301.2(1):
Roof snow load 20
Wind speed 75
Seismic design category A
Soil site class D
Damage from weathering Severe
Frost line depth 36 inches
Damage from termite Moderate/heavy
Damage from decay Slight/moderate
Winter design temp. 6
Flood hazard 06-25-90, Ord. #2575; FIRM 07-16-90
(5) Section R108.2.1 Add new:
Section R108.2.1. Fee schedule. The fees referred to in Section R108.2 shall be as indicated in Section 108.2.1 of the International Building Code.
(6) Section R108.5. Change to read: “Refunds shall be as indicated in Section 108.6 of the International Building Code.”
(7) Section R110.4. Delete in its entirety. Refer to Section 110.4 of the International Building Code for temporary occupancy.
(8) Section R112. Delete in its entirety. Refer to appendix B of the International Building Code.
(9) Sections R113.4. Delete in its entirety. Refer to Section 113.4 of the International Building Code.
(10)Section P2503.4. Delete in its entirety.
(11)Section P2503.5.1. Delete in its entirety.
Add new:
Section P2503.5.1 Rough Plumbing. DWV systems in one-and two-family dwellings shall not require air or water tests if proper cleaner and glue is used according to ASTM standards for the specific type of pipe and fittings.
(12)Section P2503.5.2 item 2. Delete in its entirety.
(13)Section P2503.7.2. Add new last sentence: “All testing of backflow preventers shall be by state certified back flow tester.”
(14)Section E3306.2 Conductor material. Add new last sentence which reads: “Where an owner is doing work on owner’s personal residence, all wiring from the point of utility connection into the structure shall be of copper conductors.”
(15)Section E3501.6.2 Service disconnect location. Add new last sentence which reads: “Not more than ten (10) feet of unbreakered or unfused service entrance cable shall be used inside a building without an overcurrent protected main disconnect.”
(16)Table E3503.1 Delete Aluminum and Copper-clad Aluminum conductors from Table E3503.1, AWG sizes 2/0 and smaller. Delete Aluminum Grounding Electrode conductors from table E3503.1 AWG sizes 2 and smaller.
(17)Section E3505.5, Section E3702.3.2, and Section E3703.3, Protection of service cables against damage. Add new last sentence which reads: “All unbreakered or unfused service entrance conductors shall be protected by a minimum of appropriate sized Schedule 40 PVC nonmetallic conduit, from the meter enclosure to the first main disconnect enclosure, with male adapter, lock nut, and bushing to protect wire and insulation.”
(18)Section AE304.1 Permit fees. Add new last sentence: “All fees shall be figured as indicated in Section R108.2.1 of the International Residential Code/2000.”
(Ord. No. 3694, § 2, 1-28-02)
Sec. 6-21. Adoption of International Energy Conservation Code.
That certain documents, three (3) copies of which are on file in the office of the City Clerk of the City of Warrensburg, being marked and designated as the International Energy Conservation Code, as published by the International Code Council, be and is hereby adopted as the code of the City of Warrensburg for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, mechanical, lighting and power systems in the City of Warrensburg and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Energy Conservation Code, 2000 edition, published by the International Code Council, on file in the office of the city clerk are hereby referred to, adopted and made a part hereof as if fully set out in this section.
(Ord. No. 3695, § 1, 1-28-02)
Sec. 6-22. Additions, insertions and changes.
The code adopted by section 6-21 is hereby amended by substituting the following sections or portions of sections for those sections or portions of sections with corresponding number of the International Energy Conservation Code/2000, or where there is no corresponding section in the code the following sections shall be enacted as additions to the code.
(1) Section 101.1. Insert “City of Warrensburg.”
(2) Section 104.3 Fee schedule. Add new: The fees for this code shall be as indicated in Section 108.2.1 of the International Building Code.
(3) Section 106.2 Liability. Add new: Refer to Section 104.8 of the International Building Code/2000.
(4) Section 106.3 Penalties. Add new: Refer to Section 113.4 of the International Building Code/2000.
(5) Table 302.1. Insert under “Value” the following values:
Winter, design dry-bulb 6
Summer, design dry–bulb 96
Summer, design wet-bulb 77
Degree days heating 5,000
Degree days cooling 1,200
Climate zone 11 B
(Ord. No. 3695, § 1, 1-28-02)
Secs. 6-23 – 6-35. Reserved.
ARTICLE III. ELECTRICAL CODE
Sec. 6-36. Adoption of ICC Electric Code.
Certain documents, three (3) copies of which are on file in the office of the City Clerk of the City of Warrensburg, being marked and designated as ICC Electrical Code – Administrative Provision, 2000 edition
as published by the International Code Council, be and is hereby adopted as the Code of the City of Warrensburg for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems in the City of Warrensburg and providing for the issuance of permits and collections of fees therefor; and each and all of the regulations, provisions, conditions and terms of such ICC Electrical Code – Administrative Provisions, 2000 edition, published by the International Code Council, on file in the office of the city clerk are hereby referred to, adopted and made a part hereof as if fully set out in this section.
(Ord. No. 2148, § 1, 2-13-84; Ord. No. 2336, § 3, 5-11-87; Ord No. 2625, § 3, 2-25-91; Ord. No. 3696, § 1, 1-28-02)
State law reference – Municipal authority to adopt technical codes by reference, RSMo 67.280.
Sec. 6-37. Additions, insertions and changes.
The code adopted by section 6-36 is hereby amended by substituting the following sections or portions of sections for those sections or portions of sections with corresponding numbers of the ICC Electrical Code – Administrative Provisions, 2000 edition, or where there is no corresponding section in the code the following sections shall be enacted as additions to the code.
The following sections are hereby revised:
(1) Section 101.1 Insert “The City of Warrensburg.”
(2) Section 301. Delete in its entirety. Refer to Section 103 of the International Building Code.
(3) Section 401.3. Delete in its entirety, and add a new Section 401.3 Work exempt from permit. “The following work shall be exempt from the requirements for a permit. Repairs and maintenance of existing approved installations of electric wiring, equipment and systems, that are not in violation of the electric code in effect at the time of the original installation. “However, addition to alteration of, or relocation of any electric wiring, electrical equipment, or electrical wiring systems shall require minimum plans and a permit.”
Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of this code or other laws or ordinances of this jurisdiction.
(4) Section 404.2. Delete in its entirety and add a new section as follows:
Section 404.2 Fee schedule. The fees referred to in Section 404.1 shall be as indicated in Section 108.2.1 of the International Building Code.
(5) Section 404.5. Delete in its entirety and add a new section as follows:
Section 404.5 Refunds. Refunds shall be as indicated in Section 108.6 of the International Building Code.
(6) Section 1003.1 Penalties. Delete in its entirety. Refer to Section 113.4 of the International Building Code/2000.
(7) Chapter 11. Delete in its entirety. Refer to appendix B of the International Building Code.
(8) Section 1201.1.1 Adoption. Change to read: “Electrical systems and equipment shall be designed and constructed in accordance with the International Residential Code/2000 or NFPA 70, 1999 edition.”
(9) NFPA 70, 1999, Section 210.12. Delete in its entirety.
(10)NFPA 70, 1999, Section 230-32, Add new last sentence which reads: “All unbreakered or unfused service entrance conductors shall be protected by a minimum of appropriate sized Schedule 40 PVC nonmetallic conduit, from the meter enclosure, to the first main disconnect enclosure, with male adapter, lock nut, and bushing to protect wire and insulation. Not more than ten (10) feet of unbreakered or unfused service entrance cable shall be used inside a building without an overcurrent protected main disconnect.”
(Ord. No. 2336, § 4, 5-11-87; Ord. No. 2625, § 4, 2-25-91; Ord. No. 3696, § 2, 1-28-02)
Cross reference – Administration generally, Ch. 2.
Sec. 6-38. Reserved.
Editor’s note – Ord. No. 3696, § 2, adopted Jan. 28, 2002, repealed § 6-38, which pertained to amendments to the National Electrical Code and derived from Ord. No. 2148, § 3, adopted Feb. 13, 1984; Ord. No. 2336, § 5, adopted May 11, 1987; and Ord. No. 2625, § 5, adopted Feb. 25, 1991.
Sec. 6-39 – 6-55. Reserved.
ARTICLE IV. PLUMBING CODE*
Sec. 6-56. Adoption of International Plumbing Code.
Certain documents, three (3) copies of which are one file in the office of the City Clerk of the City of Warrensburg, Missouri, being marked and designated as International Plumbing Code, including appendix chapters E and F, as published by the International Code Council be and is hereby adopted as the code of the City of Warrensburg for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Warrensburg and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, 2000 edition, published by the International Code Council on file in the office of the city clerk are hereby referred to, adopted and made a part hereof as if fully set out in this section.
(Ord. No. 2146, § 1, 2-13-84; Ord. No. 2336, § 6, 5-11-87; Ord. No. 2625, § 6, 2-25-91; Ord. No. 3427, § 1, 4-12-99; Ord. No. 3697, § 1, 1-28-02)
Sec. 6-57. Additions, insertions and changes.
The code adopted by section 6-56 is hereby amended by substituting the following sections or portions of sections for those sections or portions of sections with corresponding number of the International Plumbing Code/2000, or where there is no corresponding section in the code the following sections shall be enacted as additions to the code.
(1) Section 101.1. Insert “City of Warrensburg.”
(2) Sections 103.1, 103.2 and 103.3. Delete in their entirety. Refer to Section 103 of the International Building Code.
(3) Section 104.8. Delete in its entirety. Refer to Section 104.7 in the International Building Code/2000.
(4) Section 106.6.2 Fee Schedule. Change to read: “The fees referred to in this section shall be as indicated in Section 108.2.1 of the International Building Code.”
(5) Section 106.6.3. Insert “90,” “90.”
(6) Section 108.4. Delete in its entirety. Refer to Section 113.4 of the International Building Code/2000.
(7) Section 108.5. Insert: “$50.00,” “$500.00.”
(8) Section 109. Delete in its entirety. Refer to appendix B of the International Building Code.
(9) Section 305.6.1. Insert “36,” “36.”
(10)Section 403.2. Add new section to read as follows:
Section 403.2, Exception # 4. Separate facilities shall not be required when the following conditions are met:
a. The structure is an existing structure or tenant space which is being remodeled or renovated; and
b. The total occupant load of the structure or tenant space, including both employees and customers, is seventy-five (75) or fewer; an
c. Food or beverage is served for consumption within the structure or tenant space; and
d. If liquor will be sold, the owner or tenant has a liquor license for a restaurant bar or new restaurant bar; and
e. The single restroom facility is handicapped accessible; and
f. Fewer than two (2) restroom facilities existed before the remodeling or renovation; or it is necessary to convert more than one (1) restroom facility to a single restroom facility in order to have one (1) restroom facility which is handicapped accessible.
(11)Section 904.1. Insert “12.”
(12)Section 1003.3.4.1 Grease trap capacity. Add new last sentence: “Grease interceptor size shall be determined by the building official, using the Plumbing and Drainage Institute Reference Standard G101-96, to insure adequate construction and installation.”
(Ord. No. 2146, §§ 3, 4, 2-13-84; Ord. No. 2150, § 3(124.1), 2-27-84; Ord. No. 2336, § 7, 5-11-87; Ord. No. 2625, § 7, 2-25-91; Ord. No. 3427, § 2, 4-12-99; Ord. No. 3550, § 1, 8-14-00; Ord. No. 3697, § 2, 1-28-02)
Sec. 6-58. Use of lead materials prohibited.
(a) The use of lead base material in the construction or modification of the drinking water system serving the residents of the city is hereby prohibited.
(b) The use of lead base material in the construction or modification of any private plumbing connected to the drinking water system serving the residents of the city is hereby prohibited.
(c) On May 11, 1987, the city adopted the 1990 BOCA National Plumbing Code which banned the use of lead base materials. Any provider of water who believes that lead base materials have been used in new construction or modifications of private plumbing connected to the drinking water system of the provider after January 1, 1989, shall give due notice to the consumer that such lead base materials are prohibited and must be removed. The consumer shall immediately have the lead base materials removed from the plumbing system and replaced with lead free materials. If the lead base materials are not removed from the plumbing system, the provider shall have the right to discontinue water service to the premises.
(Ord. No. 3401, § 1, 1-11-99)
Secs. 6-59 – 6-75. Reserved.
ARTICLE V. MECHANICAL CODE
Sec. 6-76. Adoption of International Mechanical Code.
Certain documents, three (3) copies of which are on file in the office of the City Clerk of Warrensburg, Missouri, being marked and designated as the International Mechanical Code, including appendix chapter A, as published by the International Code Council, be and is hereby adopted as the code of the City of Warrensburg for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City of Warrensburg and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, 2000 edition, published by the International Code Council, are hereby referred to, adopted and made a part hereof as if fully set out in this section.
(Ord. No. 2145, § 1, 2-13-84; Ord. No. 2336, § 8, 5-11-87; Ord. No. 2625, § 8, 2-25-91; Ord. No. 3428, § 1, 4-12-99; Ord. No. 3698, § 1, 1-28-02)
State law reference – Municipal authority to adopt technical codes by reference, RSMo 67.280.
Sec. 6-77. Additions, insertions and changes.
The code adopted by section 6-76 is hereby amended by substituting the following sections or portions of sections for those sections or portions of sections with corresponding number of the International Mechanical Code/2000, or where there is no corresponding section in the code the following sections shall be enacted as additions to the code.
(1) Section 101.1. Insert “City of Warrensburg.”
(2) Sections 103.1, 103.2 and 103.3. Delete in their entirety. Refer to section 103.1 of the International Building Code.
(3) Section 104.8. Delete in its entirety. Refer to Section 104.7 in the International Building Code/2000.
(4) Section 106.5.2. Fee schedule. Change to read: “The fees referred to in this section shall be as indicated in Section 108.2.1 of the International Building Code.”
(5) Section 106.5.3. Insert “90,” “90.”
(6) Section 108.4. Delete in its entirety. Refer to Section 113.4 of the International Building Code/2000.
(7) Section 108.5. Insert “$50.00,” “$500.00.”
(8) Section 109. Delete in its entirety. Refer to appendix B of the International Building Code.
(Ord. No. 2145, §§ 2, 3, 2-13-84; Ord. No. 2150, § 3(124.1), 2-27-84; Ord. No. 2336, § 9, 5-11-87; Ord. No. 2625, § 9, 2-25-91; Ord. No. 3428, § 2, 4-12-99; Ord. No. 3698, § 2, 1-28-02)
Sec. 6-78. Adoption of International Fuel Gas Code.
That certain documents, three (3) copies of which are on file in the office of the City Clerk of Warrensburg, Missouri, being marked and designated as the International Fuel Gas Code, including appendix chapters A, B, C, and D, as published by the International Code Council, Inc., be and is hereby adopted as the fuel gas code; of the City of Warrensburg, in the State of Missouri; for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fuel Gas Code, 2000 edition, on file in the office of the City Clerk of the City of Warrensburg are hereby referred to , adopted and made a part hereof as if fully set out in this ordinance.
(Ord. No. 3699, § 1, 1-28-02)
Sec. 6-79. Additions, insertions and changes.
The code adopted by section 6-78 is hereby amended by substituting the following sections or portions of sections for those sections or portions of sections with corresponding number of the International Fuel Gas Code/2000, or where there is no corresponding section in the code the following sections shall be enacted as additions to the code.
(1) Section 101.1. Insert “City of Warrensburg.
(2) Sections 103.1, 103.2 and 103.3. Delete in their entirety. Refer to Section 103 of the International Building Code/2000.
(3) Section 104.8. Delete in its entirety. Refer to Section 104.7 of the International Building Code/2000.
(4) Section 106.5.1. Change to read: “Work commencing before permit issuance. Any person who commences work on an installation before obtaining the necessary permits shall be subject to penalties of one hundred (100) percent of the usual permit fee in addition to the required permit fees.”
(5) Section 106.5.2. Fee schedule. Change to read: “The fees referred to in this section shall be as indicated in Section 108.2.1 of the International Building Code.”
(6) Section 106.5.3. Insert “90,” “90.”
(7) Section 108.4. Delete in its entirety. Refer to Section 113.4 of the International Building Code/2000.
(8) Section 108.5. Insert “$50.00,” “$500.00.”
(9) Section 109. Delete in its entirety. Refer to appendix B of the International Building Code.
(Ord. No. 3699-2, § 1-28-02)
Secs. 6-80 – 6-95. Reserved.
ARTICLE VI. DANGEROUS AND UNSAFE BUILDINGS AND STRUCTURES
Sec. 6-96. Title.
These regulations shall be known as “The Dangerous and Unsafe Buildings and Structures Ordinance” of the City of Warrensburg, Missouri, may be cited as such, and will be referred to hereinafter as “this article.”
(Code 1970, § 28-41)
Sec. 6-97. Reserved.
Editor’s note – Section 1 of Ord. No. 3400, adopted Jan. 11, 1999, deleted § 6-97 which pertained to the purpose of Art. VI, and derived from Ord. No. 2406, adopted June 13, 1988.
Sec. 6-98. Definitions.
(a) Party: The owner, occupant, lessee, mortgagee, agent or any person having an interest in a building or structure, as shown by the records of the recorder of deeds for Johnson County, Missouri.
(b) Dangerous building: All buildings or structures, portions or parts of a building or remains of a building or structure which may have any of the following defects shall be deemed a dangerous building and a nuisance provided that such conditions or defects exist to the extent that they are detrimental to the life, health, property, safety or welfare of the public, or its occupants are endangered:
(1) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
(2) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or snow than is required in the case of similar new construction.
(3) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, vandalism or faulty construction or the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or the deterioration, decay or inadequacy of its foundation or any other cause is likely to partially or completely collapse.
(4) Whenever the building or structure, exclusive of the foundation, shows substantial damage or deterioration of the supporting or nonsupporting members, or enclosing or outside walls or wall covering.
(5) Whenever the building or structure has improperly distributed loads upon the floors or roofs, or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
(6) Whenever any portion thereof has been damaged by fire, earthquake, tornado, wind, flood, vandals or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe or damage and is less than the minimum requirements of the building code for similar new construction.
(7) Whenever a door, aisle, passageway, stairway, fire escape or other means of egress is not of sufficient width or size, or is damaged, dilapidated, obstructed or otherwise unusable or so arranged so as not to provide safe and adequate means of egress in case of fire or panic.
(8) Whenever any portion or member or appurtenance thereof (e.g., porch, chimney, signs) is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(9) Whenever any building or structure has any portion, member or appurtenance, or ornamentation on the exterior thereof which is not of sufficient strength or stability, or is not anchored, attached or fastened in place so as to be capable of safely resisting wind pressure, or snow or other loads.
(10)Whenever the building or structure, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, trash, filth, inadequate light, air ventilation or sanitation facilities, or otherwise is determined to be unsafe, unsanitary, unfit for human habitation, or in such a condition that it is likely to cause sickness or disease.
(11)Whenever for any reason the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(12)Whenever the building or structure or land it occupies exists or is maintained in violation of any specific requirement or prohibition applicable to such building structure or land provided by this article or other applicable laws or ordinances of this state or city relating to the condition, use, location, maintenance of the building, structures or land.
(13)Whenever the building or structure has become an attractive nuisance to children or is open to unauthorized or unlawful entry.
(14)Whenever the building or structure because of obsolescence, dilapidated condition, deterioration, damage, trash and debris, unsafe exits, lack of sufficient fire-resistive construction, unsafe electrical wiring, gas connections, or heating apparatus, previous fires or any other cause is determined to be a fire hazard.
(15)Whenever the electrical system is totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or hazardous.
(16)Whenever the plumbing system is totally or partially damaged, destroyed, removed or otherwise made inoperable or unsanitary.
(17)Whenever the mechanical system or any portion of the mechanical system is totally or partially damaged, destroyed, removed or otherwise made inoperable or unsanitary.
(18)Whenever the building or structure, because of obsolescence, dilapidated condition, deterioration or damage, is detrimental to the sale, loan or taxable values of surrounding properties or which renders such surrounding properties uninsurable or which constitutes a blighting influence upon the neighborhood.
(19)Whenever the building or structure is in such condition as to constitute a public nuisance.
(20)Whenever any portion of a building or structure remains on a site when construction or demolition work is abandoned.
(c) Hearing officer: The city manager or his or her designee appointed to conduct dangerous building hearings, as further set out in this article.
(Ord. No. 2406, § 2, 6-13-88; Ord. No. 3400, § 2, 1-11-99)
Cross reference – Definitions and rules of construction generally, § 1-2.
Sec. 6-99. Dangerous building declared a nuisance.
Any building or structure found to be a dangerous building is hereby declared to be a public nuisance.
(Ord. No. 2406, § 2, 6-13-88)
Cross reference – Nuisances, Ch. 13.
Sec. 6-100. Standards for vacation, repair or demolition.
In any case where a building or structure is alleged to be a dangerous building, the following standards shall be used by the director of public works in ordering vacation, repair or demolition:
(1) If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of the public or the occupants, it shall be ordered vacated.
(2) If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article or the building code, it shall be ordered repaired. An order to repair may include a requirement to close and secure any or all exterior openings.
(3) In any case where a dangerous building is damaged, decayed or deteriorated to a degree that it is not feasible to rehabilitate such building or is not structurally safe, the building or any portion thereof shall be ordered demolished.
(4) If the evidence does not support a finding that the building or structure is a dangerous building, an order shall be issued so stating.
(Ord. No. 2406. § 2, 6-13-88)
Sec. 6-101. Duties of the building inspector and the building official.
(a) The building inspector’s duties shall include but not be limited to the following. The building inspector shall:
(1) Inspect any building or portion thereof or any structure which is or may be existing in violation of this article or the building code.
(2) Report to the building official all buildings, structures or portions thereof deemed to be an emergency as defined in section 6-110.
(3) Except in emergency cases, report buildings to the building official and notify in writing all parties of any building or structure which, in the opinion of the inspector, is considered to be a dangerous building. The notice which shall be a “declaration of nuisance” as contemplated by the Revised Statutes of the State of Missouri shall include a statement that the owner and all other interested parties shall have the duty to obtain a building permit or permit for demolition from the building inspector and to start repair or demolition within ten (10) days after receipt of such notice. The notice shall be served by personal service or by certified mail with return receipt requested. If service cannot be had in person or by mail, then service maybe had by publication. Where service is had by publication as permitted by the Revised Statutes of the State of Missouri, a courtesy notice which shall include the text sent to the newspaper for publication shall be posted on the dangerous building by an inspector, but if such courtesy notice is altered, defaced or removed, there shall be no duty to replace or renew such courtesy notice which constitutes notice in addition to that required by state laws.
(4) Report to the building official any noncompliance with the notice.
(5) Appear and testify at all hearings regarding dangerous buildings.
(6) Issue building permits or permits for demolition after sufficient information has been received, including plans and specifications deemed necessary.
(7) Issue a stop order to the owner or anyone doing or causing work of any kind in a building or structure which has been determined by a building inspector to be a dangerous building when no active building or demolition permit exists, or when work done is contrary to the provisons of this article or the building, plumbing, mechanical, electrical or fire codes.
(b) The building official’s duties shall include but not be limited to the following. The building official shall:
(1) Perform any duty of the building inspector set out above, as the building official may determine. The performance of an action of the building inspector by the building official shall constitute notice to the building official of the results of that action, as required above.
(2) Immediately notify the city manager of any emergency regarding a dangerous building.
(3) Notify the city manager of any noncompliance with a dangerous building notice.
(4) Appear and testify at all hearings regarding dangerous buildings.
(Ord. No. 2406, § 2, 6-13-88; Ord. No. 3400, § 3, 1-11-99)
Sec. 6-102. Appointment and duties of the hearing officer.
(a) Upon receipt of notice from the building official that a party has failed to comply with a notice of dangerous building, the city manager shall either elect to serve as hearing officer or appoint a city employee or contract with a private attorney to serve as hearing officer.
(b) Except in case of emergency, the duties of the hearing officer shall include but not be limited to the following. The hearing officer shall:
(1) Review the report of dangerous building or structure forwarded by the building official. The hearing officer may cause such additional inspections to be made as the officer deems necessary, including, but not limited to inspections by the building inspector or building official, the public works department, the fire department, the police department, or by any other city department, or may contract for services of an expert.
(2) Establish a date for hearing on the dangerous building or structure and provide at least twenty-one 21 days’ written notice of such a hearing to all parties having an interest in the dangerous building or structure. The written notice of hearing shall be served as provided for service of notice of dangerous building or structure in section 6-101 and shall include a statement that the parties may be represented by an attorney, and should be prepared to present witnesses on their behalf and to offer testimony as to why the building or structure should or should not be declared a dangerous building. Once valid service of notice of hearing is made, no subsequent notice of continuance of a hearing is required.
(3) Preside over the public hearing and consider such evidence as the building inspector, building official, owner or other parties or persons may offer concerning the building or structure.
(4) Following such public hearing, make written findings of fact as to whether the building or structure in question is a dangerous building and a public nuisance.
(5) Issue an order based upon his or her findings of fact and conclusions of law either determining that the building or structure currently does not constitute a dangerous building or structure, or ordering the owner or other parties to vacate and repair or demolish the building or structure within thirty (30) days, if it is found to be a dangerous building. Any person so notified shall either repair or demolish such dangerous building, as ordered. All repair or demolition work must be done in compliance with the building code and other ordinances.
(6) If the owner or other parties fail to vacate and repair or demolish the building or structure within the time set out in the order, cause the building or structure which has been determined to be a dangerous building to be vacated, repaired or demolished. The work required may be performed by city employees or by a qualified independent contractor with the lowest bid. All independent contractors shall provide any bond which may be required by the Revised Statutes of the State of Missouri.
(7) Cause the dangerous building to be temporarily boarded when ordered repaired, or when necessary to protect citizens prior to demolition.
(8) Certify the charge for such vacation, repair, demolition and boarding to the city collector. The charges shall include the actual costs of repair, demolition, utility disconnections, boarding and all other necessary security measures and the reasonable staff costs of administering the provisions of this article.
The city collector shall present the charges to the city council for approval as a special assessment represented by a special tax bill against the real property affected. Upon approval by the city council, the special tax bill shall be filed with the recorder’s and collector’s offices of Johnson County, and the tax bill shall be a lien upon the property until paid.
Additionally, where such tax bill is issued for the cost of demolition required by damage or loss to a building or other structure arising out of any fire, explosion or other casualty loss, the debt shall be deemed to be a personal debt against the property owner, which may be collected by the city as provided by law.
At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years with interest thereon not to exceed the rate on ten-year United States Treasury notes as established at the most recent auction. Should any such installments become delinquent, the whole unpaid amounts shall become due.
(Ord. No. 2406, § 2, 6-13-88; Ord. No. 3400, § 4, 1-11-99)
Sec. 6-103. Permits
(a) A permit shall be obtained prior to doing any work on a building or structure for which a determination by a building inspector has been made that it is a dangerous building. Before a permit on a dangerous building shall be issued, the building inspector must certify that the proposed work will eliminate the condition rendering the structure a dangerous building. The work required to be done pursuant to the permit must commence immediately, or as soon as practical after securing the permit. With respect to dangerous buildings, the provisions of this paragraph will supersede any conflicting ordinance provisions.
(b) It shall be unlawful for any person to salvage or cause or allow any other person to salvage a building which has been ordered demolished without first obtaining the authorization of the director of public works.
(Ord. No. 2406, § 2, 6-13-88)
Sec. 6-104. Certificate of a dangerous building.
(a) After a building has been determined to be a dangerous building by the director of public works, a “certificate of existence of dangerous building” will be filed and recorded in the office of the recorder of deeds for Johnson County, Missouri, by the city clerk. The certificate shall set forth (i) the legal description of the land upon which the dangerous building is located; (ii) the mailing address of the dangerous building, if known; (iii) a statement that a building located thereon is dangerous within the provisions of Chapter 6 of the Code of Ordinances of Warrensburg, Missouri, and that the owner thereof has been given proper notice and ordered to repair or demolish such building. Such certification shall be signed by the director of public works.
(b) The recording of a “certificate of existence of a dangerous building” shall place persons purchasing such property subsequent to such recording on notice that such property has been declared a dangerous building and ordered repaired or demolished. The act of subsequent purchase shall not delay the processing or cause a delay in such matter and shall be an exception to the time requirements of the notices provided herein.
(c) Upon application and after verification that the order of the director of public works to vacate, repair or demolish a dangerous building has been complied with, the director of public works shall issue to the applicant a “release of certificate of existence of dangerous building” in such form that it may be filed with and recorded in the office of recorder of deeds for Johnson County, Missouri, stating that the dangerous condition has been abated.
(Ord. No. 2406, § 2, 6-13-88)
Sec. 6-105. Posting notice on building.
(a) A notice of the dangerous condition of a building shall be posted on any building determined by a building inspector to be a dangerous building. The notice shall contain the works, “Warning, Dangerous Building, DO NOT ENTER,” followed by text authorized by the director of public works.
(b) Any person removing such sign shall be guilty of a misdemeanor.
(Ord. No. 2406, § 2, 6-13-88)
Sec. 6-106. Failure to comply.
(a) Any owner of a dangerous building who shall fail to comply with an order of the director of public works to vacate, repair or demolish said building or who fails to proceed continuously to vacate, repair or demolish the building without unnecessary delay shall be guilty of a misdemeanor.
(b) Any person failing to immediately vacate a building upon the verbal or written order of the director of public works in cases of emergency pursuant to section 6-109 shall be guilty of misdemeanor.
(c) Any person who hinders, threatens or interferes with a building inspector, contractor or any person working for a contractor having a permit to demolish a dangerous building shall be guilty of a misdemeanor.
(Ord. No. 2406, § 2, 6-13-88)
Sec. 6-107. Certificate of occupancy.
It shall be unlawful for any person to enter occupy, use remain in or permit or cause any other person to enter, occupy, use or remain in any building or structure which has been declared a dangerous building by the director of public works, unless such entry and use is for the purpose of repair or demolition, until such building or structure has been inspected by the building inspector and a certificate of occupancy has been issued. Such certificate will be issued by the building inspector only when it has been determined the building is no longer a dangerous building and is safe and fit for occupancy.
(Ord. No. 2406, § 2, 6-13-88)
Sec. 6-108. Closing of buildings.
All buildings which are to be closed or boarded shall be closed or boarded and kept closed or boarded in accordance with the following standards and requirements:
(1) Before commencement of work, a permit shall be obtained from the building inspector.
(2) All exterior openings are to be closed.
(3) Materials missing or broken shall be replaced by similar construction or may be replaced by exterior grade plywood at least one-half inch thick or by equivalent materials approved by the building inspector.
(4) Any material used to close openings in exterior walls of open buildings shall be installed in a workmanlike manner in accordance with recognized standards of the construction industry.
(5) Bait for roaches and rodents will be safely distributed to eliminate such pests.
(6) The roof must be watertight.
(7) All loose and hanging exterior parts shall be removed or secured.
(8) All debris shall be removed from the interior and exterior of the premises.
(9) All brush and weeds will be cut and removed in accordance with Chapter 25 of the Code of Ordinances.
(Ord. No. 2406, § 2, 6-13-88)
Sec. 6-109. Emergencies; procedures.
(a) For the purpose of this article, an emergency is defined as any case where it reasonably appears there is immediate danger to the health, life, safety or welfare of any person because of a dangerous condition which exists in violation of this article.
(b) In any emergency case, the director of public works shall have the power to take emergency measures to abate or to correct such dangerous condition. These emergency powers shall include the power to cause the immediate vacation of any building and the summary correction of any emergency condition which exists in violation of this article, including but not limited to demolition of dangerous buildings.
(c) The costs of emergency abatement shall be recovered as provided in section 6-102 for the recovery of costs of demolition of dangerous buildings and structures.
(Ord. No. 2406, § 2, 6-13-88)
Sec. 6-110. Violations and penalties.
(a) It shall be unlawful for any person, firm, corporation, partnership, association or other organization to (i) own and maintain a dangerous building as defined in section 6-98; (ii) fail to comply with a lawful order of the director of public works or building inspector; or (iii) erect, construct, enlarge, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any dangerous building or structure, or cause the same to be done, contrary to or in violation of any of the provisions of this article, or rules or regulations promulgated thereunder.
(b) Any person, firm, corporation, partnership, association or other organization violating any of the provisions of this article shall be deemed guilty of a misdemeanor. Each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted shall be a separate offense.
(Ord. No. 2406, § 2, 6-13-88)
Secs. 6-111 – 6-114. Reserved.
ARTICLE VII. RESERVED*
Secs. 6-115 – 6-130. Reserved
__________
*Editor’s note – Ord. No. 3696, § 1, adopted Jan. 28, 2002, repealed article VII in its entirety. Article VII pertained to flood damage prevention and derived from Ord. No. 2575, §§ 3-18, adopted June 25, 1990; and Ord. No. 2575, §§ 1-3, adopted Feb. 24, 1992.
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