[Ord. No. 464, §2]
Regulations provided for in this article shall be known as the
building regulations of the city. The intent of the regulations is
to insure public safety, health and welfare of inhabitants of the
city insofar as they are affected by building construction, through
structural strength, adequate egress facilities, sanitary equipment,
light and ventilation and fire safety and in general to secure safety
to life and property from all hazards incident to the design, erection,
repair, removal, demolition or use and occupancy of buildings; structures
or premises.
[Ord. No. 1394 §1, 2-16-1999]
(a)
The Planning and Zoning Commission and/or Board of Aldermen in conjunction
with authority being granted for any commercial or industrial development,
shall impose a deadline by which construction of the principal structure
must commence. Such deadline shall be no longer than one (1) year
following final Planning and Zoning Commission and/or Board of Aldermen
approval, but may not be less than six (6) months. On or before the
construction commencement deadline, the Planning and Zoning Commission
and/or Board of Aldermen may consider deadline extensions. No single
deadline extension may exceed a period of six (6) months.
(b)
In the event that a construction commencement deadline is reached
and not extended, any authority granted by the City for the application
associated with the principal structure shall be rescinded without
any action being required by the City.
[Ord. No. 464, §§2,6]
(a)
Created. The department of building inspection of the city is hereby
created.
(b)
Building Commissioner generally.
(1)
Executive. The executive official in charge of the
department of building inspection shall be known as the building commissioner.
(2)
Appointment — removal. The building commissioner
shall be appointed by the mayor and the board of aldermen and he shall
not be removed from office except for cause and after full opportunity
has been granted him to be heard on specific and relevant charges
by and before the mayor and the board of aldermen.
(3)
Qualifications. To be eligible for appointment,
the building commissioner shall have had at least three years of building
or related experience.
(4)
Liability. The building commissioner shall not be
liable personally and is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of his official
duties.
(5)
Code of ethics. The building commissioner shall
conduct his official duties in conformance with the Building Official
and Code Administrators Code of Ethics at all times.
(6)
Official badge. He may adopt a badge of office for
himself and assistants which shall be displayed for the purpose of
identification.
(7)
Jurisdictional cooperation. The assistance and cooperation
of police, fire and health departments and all other officials shall
be available to him as required in the performance of his duties.
(c)
Organization. The building commissioner shall appoint
such number of inspectors and other employees as shall be necessary
for the administration of the building regulations as authorized by
the appointing authority.
(d)
Official Records. An official record shall be kept
of all business and activities of the department specified in the
provisions of this article and all such records shall be open to public
inspection at all appropriate times.
[Ord. No. 464 §§3, 4, 6]
(a)
The building commissioner is hereby charged with the responsibility
of enforcing the city zoning ordinances as amended. The building commissioner
is hereby authorized to immediately order correction or ceasing of
an unlawful use which violates any of the provisions of the zoning
ordinances, as amended, of the city.
(b)
The building commissioner shall enforce all of the provisions of
the building regulations and shall act on any question relative to
the mode or manner of construction and materials to be used in the
erection, addition to, alteration, repair, removal, demolition, installation
of service equipment and the location, use, occupancy and maintenance
of all buildings and structures.
(c)
The building commissioner shall enforce all codes related to buildings
and structures as may be adopted including, but not limited to the
Building Code, Plumbing Code, Electrical Code, One and Two Family
Dwelling Code, Mechanical Code and Housing Code. The building commissioner
is hereby empowered to enforce all such codes when legally adopted.
(d)
The building commissioner is hereby empowered to require all necessary
and reasonable structural and fire safety requirements as recommended
by the city engineer.
(e)
The building commissioner shall:
(1)
Receive applications for building permits, occupancy permits and
mechanical permits.
(2)
Review plans submitted by applicants for compliance with all zoning
laws and ordinances, Building Codes, the Plumbing Code, Electrical
Code and other Codes.
(3)
Issue building permits, occupancy permits and mechanical permits.
(4)
Issue notices and orders to remove illegal or unsafe conditions.
(5)
Make on site inspections as he deems necessary.
(6)
Conduct research and investigations of new developments of methods
and materials in the building industry and accept such new developments
when determined to be acceptable.
(f)
The Building Commissioner may order that a structure be removed when construction has been abandoned for two (2) years or more, for which a lawful building permit has been issued, when deemed to be a nuisance and hazard to the health, safety and general welfare of the residents of the City, in accordance with the provisions of Article II of this Chapter.
(g)
The Building Commissioner shall serve as the plumbing supervisor
and road inspection supervisor and as such shall direct the functions
of the respective departments. The Building Commissioner while serving
as the plumbing supervisor and road inspection supervisor is hereby
empowered to enforce the regulations affecting that respective construction.
(h)
The Building Commissioner is hereby empowered to promulgate rules
and regulations deemed necessary in the interest of public safety,
health and general welfare, to interpret and implement the provisions
of the building regulations.
(i)
In the discharge of his duties, the Building Official or his authorized
representative shall have the authority to enter at any reasonable
hour any building, structure or premises in the jurisdiction to enforce
the provisions of the regulations and Codes.
[Ord. No. 464 §17; Ord. No. 709 §§1, 2]
(a)
Before issuing a permit, the Building Commissioner may examine all
buildings, structures and sites for which a permit application has
been filed.
(b)
The Building Commissioner shall conduct inspections from time to
time as he deems necessary.
(c)
Work shall not proceed beyond the point indicated by the Building
Commissioner.
(d)
No reinforcing steel or structural framework or any part of any building
or structure shall be covered or concealed in any manner whatever
without first obtaining the approval of the Building Commissioner.
(e)
In no event shall construction continue beyond the stage of footings
and/or foundations being poured until such time as a site inspection
survey, performed by a licensed surveyor, is filed with the Building
Commissioner. Such survey shall include the position of footings and/or
foundation.
[Ord. No. 1329 §1, 12-2-1997]
Prior to a change of tenancy of any multi-family structure containing two (2) or more units, in addition to any inspections performed in conformance with the City's Exterior Appearance Code as set forth in Chapter 5, Article III, an interior occupancy inspection shall be performed. All provisions relating to administration, definitions, general requirements, specific requirements, standards, enforcement, penalties and appeals are set forth in a document which is known as the City of Eureka Multi-Family Occupancy Inspection Code.
[Ord. No. 1340 §1, 2-17-1998]
Prior to a change of tenancy or ownership of any commercial or industrial structure, in addition to any inspections performed in conformance with the City's Exterior Appearance Code as set forth in Chapter 5, Article III, an interior occupancy inspection shall be performed. All provisions relating to administration, definitions, general requirements, specific requirements, standards, enforcement, penalties and appeals are set forth in a document which is known as the City of Eureka Commercial and Industrial Structure Occupancy Inspection Code.
[Ord. No. 464 §5]
(a)
When there are practical difficulties involved in carrying out structural
or mechanical provisions of the building regulations or of any approved
rule, the Building Official may vary or modify such provisions upon
application of the owner or his representative; provided, that the
spirit and intent of the law shall be observed and public welfare
and safety be assured.
(b)
When a lot in a residential subdivision adjoins common ground, the
Building Commissioner may vary or modify the rear yard setback to
allow construction of a swimming pool upon application of the owner
or his representative; provided public welfare and safety be assured,
and the swimming pool shall be at least ten (10) feet from the rear
property line.
[Ord. No. 2531, 2-4-2020[1]]
[1]
Editor's Note: This ordinance provided for the redesignation
of former Subsection (b) as Subsection (c).
(c)
The application for modification and the final decision of the Building
Official shall be in writing and shall be officially recorded with
the application for the permit in the permanent records of the department
of building inspection.
[Ord. No. 464 §21]
Anyone aggrieved by any order, notice, rule or regulation issued
or promulgated by the Building Commissioner may appeal same directly
to the Board of Aldermen; provided, that such appeal is made in writing.
The Building Commissioner shall immediately forward such appeal
and all information regarding such appeal to the Board of Aldermen.
The decision of the Board of Aldermen shall be final and may overrule
the order, notice, rule or regulation of the Building Commissioner;
except, that such decision of the Board of Aldermen shall be subject
to court review.
