City of Wilson Ordinance Requiring Building Permits

(First Published in the Ellsworth County Independent/
Reporter, June 15, 2017)

ORDINANCE NO. 836

AN ORDINANCE REQUIRING BUILDING PERMITS
FOR ANY CONSTRUCTION ON PROPERTY.

Be it ordained by the governing body of the City of Wilson, Kansas.
Section 1. Permits Required: No person, firm or corporation shall erect, construct, enlarge, or improve any building or structure in the City, or cause the same to be done, without first obtaining a building permit for each such building or structure from the City Clerk.
(a) Application: To obtain a permit the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall:
1. Identify and describe the work to be covered by the permit for which application is made;
2. Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;
3. Indicate the use or occupancy for which the proposed work is intended;
4. Be signed by the permitee, or his authorized agent, who may be required to submit evidence to indicate such authority.
5. Give such other information as reasonably may be required by the City Clerk.
Section 2. The City Clerk shall review all building permit applications to determine if the site of the proposed construction is located in a FEMA determined flood hazard area.
The City Clerk in reviewing all applications for construction in flood hazard locations within the City shall require that any such proposed construction or substantial improvement must:
(a) Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding.
(b) Use of construction materials and utility equipment that are resistant to flood damage.
(c) Use of construction methods and practices that will minimize flood damage.
The Governing body of the City, in reviewing all subdivision applications, shall make findings of fact and determine if:
(a)All such proposed developments are consistent with the need to minimize flood damage.
(b) Adequate drainage is provided so as to reduce exposure to flood hazards.
(c) All public utilities and facilities are located so as to minimize or eliminate flood damage.
(d) New water and sewer systems shall be constructed to eliminate or minimize infiltration; moreover, on-site waste disposal systems will be designed to avoid impairment.
Section 3. The City Superintendent or Assistant Superintendent shall review all building permit applications to determine if the site of the proposed construction is within city policy guidelines.  The determination is made based on measurements given by the property owner or contractor.  The City of Wilson will not survey the property.   After the City Superintendent or Assistant Superintendent review, the building permit will be presented to the Mayor for official approval.
Section 4. Any person, firm, or corporation who performs or causes to be performed any work for which a permit is required prior to obtaining such permit shall be subject to double the normal fee or such permit.  The payment of the penalty shall not relieve any person, firm, or corporation from full compliance with the requirements of the permit procedure.
No owner, or agent of the owner, of any parcel of land or structure shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this Ordinance.
Whenever the administrative agency determines that there has been, or is likely to be, a violation of any provision of this Ordinance, it shall give notice of such alleged violation to the person responsible therefore.  The notice shall:
(1) Be in writing;
(2) Include a statement of why the notice is being issued; and
(3) Be served upon the property owner or their agent by delivery of a copy thereof in person or by posting a copy of the violation notice in a conspicuous place on the property and sending a copy by certified mail to the last known address of the property owner or their agent.
In addition to, and independently of, any enforcement action filed in a court, any violation of any provision of this resolution shall be punishable by a fine of not to exceed $500 for each offense and each day’s violation shall constitute a separate offense.  In addition to the above penalties, any structure constructed or altered without a permit as required by this Ordinance shall be subject to removal at the owner’s expense.
Section 5. This Ordinance shall take precedence over conflicting laws, ordinances, or parts of ordinances.
Section 6. This Ordinance shall be in effect from and after the date of publication of this Ordinance in the official City newspaper.
ADOPTED AND PASSED by the City Council of the City of Wilson, Kansas, this 5th day of June, 2017.

Larry Ptacek, Mayor

Attest:   

Susan Kriley, City Clerk

Seal of City

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