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CHAPTER IV. BUILDING AND CONSTRUCTION
Article 1. Fire Limits Article 2. Building Code Article 2a. Examination for Construction Licensing Article 3. Electrical Code Article 4. Plumbing Code Article 5. Dangerous and Unsafe Structures Article 6. Television Antennas Article 7. Community Antenna Television Article 8. Mechanical Code
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ARTICLE 1. FIRE LIMITS
4-101. FIRE LIMITS DEFINED. That portion of the City embraced in all of Block 45; all of Lots 1 to 19, inclusive, in Block 46; all of Lots 1 to 16, inclusive, and all of Lots 21 to 24, inclusive, all in Block 55; and all of Lots 1 to 6, inclusive, and Lots 9 to 24, inclusive, all in Block 56, lying within the City of Hugoton shall constitute and be known as the fire limits of the City of Hugoton, Kansas. (Ord. 573, Sec. 1)
4-102. DEFINITIONS. Except where specifically defined herein, all words used in this article shall carry their customary meanings. The following are hereby specifically defined: (a) Structure. Structure means a combination of materials other than a building to form a construction that is safe and stable. The term structure includes, but is not limited to, platforms, radio towers, sheds, storage bins and display signs. (b) Marquee. Marquee shall mean a permanent roofed structure attached to and supported by the building and projecting out from the building. (Code 1986)
4-103. PERMITS REQUIRED. (a) No building or structure shall be hereafter built, enlarged or altered in the fire limits in any way until and unless a complete plan of such work has been submitted to the building inspector who shall examine the plans. If he or she shall find and determine that the same complies with the provisions of this article and other ordinances of the city relating to buildings in the fire limits, he or she shall approve the application and a building permit shall be issued for the work by the city clerk on the order of the governing body. (b) Any structure hereafter erected or located in the fire limits without a permit or which shall not conform to the provisions of the ordinance relating thereto shall be removed upon the order of the governing body. (Code 1971, 4-102; Code 1986)
4-104. INCOMBUSTIBLE WALL CORNICE AND ROOFS REQUIRED. The following rules and regulations shall be observed in construction of buildings within the fire limits: (a) Every building hereafter erected within the fire limits shall be enclosed on all sides with walls 12 inches thick and constructed wholly of stone, well-burned brick, terra cotta, concrete, prestressed concrete or other noncombustible materials. (b) Every building hereafter erected within the fire limits shall have fire resistive doors and a fire resistive roof as specified under Chapter 43, Fire-resistive Standards and Chapter 32, Roof Construction and Covering, of the Uniform Building Code, 1997 edition. (Ord. 573, Sec. 2)
4-105. PERMISSIBLE STRUCTURES. Permissible structures within the fire limits of the city shall be as follows: (a) No frame, ironclad or brick veneered structure shall hereafter be built in the fire limits except the following and all roofs placed upon such buildings or structures shall have a noncombustible covering: (1) Temporary one story frame buildings for use of builders; (2) Temporary structures not exceeding 150 square feet in area and eight feet in height. Such structures shall not be located within five feet of any lot line, nor less than 30 feet from any other building over one story high. (b) No frame building shall be moved from without to within the fire limits nor from place to place within said limits. (c) All structures built within the fire limits shall conform to the building code adopted by section 4-201 or the requirements of this article, whichever is the more restrictive. (d) No fences of any type of construction shall be permitted within the fire limits. (e) The governing body may, in certain instances, waive the requirements of subsection (a) of this section, provided that a determination is made by the governing body that the waiver will not create any fire hazard. Any applicant for such a waiver shall appear in person before the governing body and set forth in writing the reasons why the waiver should be granted. (Code 1971, 4-110; Code 1986)
4-106. MARQUEES AND CANOPIES IN FIRE DISTRICTS. (a) Marquees or canopies constructed with combustible material within the fire limits may be erected on approved fire walls of one story buildings or on buildings of more than one story if there are no openings in the fire wall above the top of the marquee or canopy. (b) Only the top or roof may be constructed with combustible materials. All frame work, supporting members and the underneath side shall be constructed with noncombustible materials. The underneath side shall be tightly closed. Additional regulations shall be as follows: (1) The height of such marquee or canopy shall not exceed 15 feet above grade; (2) The horizontal projection from the building to the outermost point shall not exceed eight feet and in no case closer than two feet from the plane of any curbline; (3) All marquees or canopies projecting over a sidewalk or walkway shall provide a minimum clearance of eight feet. (4) The size, height, clearance and material of all marquees and canopies not otherwise specifically provided for herein shall be governed by the decision of the building inspector subject to an appeal from him or her decision to the governing body. (Code 1986)
4-107. REPAIRING FRAME BUILDINGS WITHIN FIRE LIMITS. Any existing building of wood frame construction now within the fire limits which may hereafter be damaged by fire, storm or in any other manner, shall not be repaired, enlarged or altered until a plan therefor shall have been presented to the city building inspector, or other designated city officer and approved by him or her. A permit for such repairs, enlargement or alteration shall be issued to the owner or builder upon a finding that the proposed work would not increase the hazard of future fires to said building or surrounding buildings in the fire limits. (Code 1971, 4-111)
4-108. PENALTY. Any person or organization violating any provisions of this article shall, upon conviction thereof, be fined in any sum not to exceed $25 for the first offense and shall be fined not more than $100 for each subsequent offense. Each day such violation continues shall be a separate offense. (Code 1986)
4-109. UNIFORM FIRE CODE INCORPORATED. That certain standard code known as the "Uniform Fire Code," Edition of 1997, published by the International Fire Code Institute, is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said Uniform Fire Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 697, Sec. 1) Any person violating any provision of such code shall be punished as provided in such code if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 699, Sec. 3)
ARTICLE 2. BUILDING CODE
4-201. UNIFORM BUILDING CODE INCORPORATED. That certain standard code known as the "Uniform Building Code," Edition of 1997, published by the International Conference of Building Officials, is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said Uniform Building Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions or changes from the standard code. (Ord. 699, Sec. 1) Any person violating any provision of such code shall be punished as provided in such code if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 697, Sec. 7)
4-201a. FUEL GAS CODE INCORPORATED. That certain standard code known as the "International Fuel Gas Code," Edition of 2000, published by the International Code Council, Inc. is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said International Fuel Gas Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 697, Sec. 6) Any person violating any provisions of such codes shall be punished as provided in such codes if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 697, Sec. 7)
4-202. PERMITS REQUIRED. It shall be unlawful for any person to build, enlarge, alter, locate, relocate, move or remove any building or structure in or into the city until a permit therefor shall have been issued upon application to the city clerk as provided hereinafter. The city shall prepare and furnish application forms setting out information to be required of any applicant for a permit hereunder. Among other things, the governing body shall require: (a) The submission of a plan of the proposed work; (b) A statement of the type and kinds of materials to be used; (c) The size of the proposed structure; (d) The probable time work will start and the estimated completion date, and estimate of the cost thereof; (e) The location of the same with respect to adjacent property lines; (f) In general, the kind of work proposed to be done by the applicant. (Code 1971, 4-102)
4-203. PERMIT; APPLICATION. Upon approval of the application by the building inspector, the city clerk shall issue a building permit. The permit shall give the legal description of the premises upon which the work is to be done and a description of the work authorized and shall also indicate the number of inspections to be made by the city. It shall be the duty of the permit holder and/or builder to see that all inspections are made as required by the permit. (Code 1971, 4-103)
4-204. BUILDING INSPECTOR. The governing body shall appoint or designate some city officer or employee to act as building inspector for the purposes of this article. (Code 1971, 4-104)
Ref.: See Section 1-229 of this code for duties of the building inspector.
4-205. LOCATION OF BUILDING; LOT: INSPECTIONS. It shall be unlawful for any permit holder or builder to lay out or locate any structure or building upon any premises in the city in such a manner that water from a roof, downspout or other waste water will discharge upon premises of another. The building permit shall require that the first inspection shall be made upon completion of the layout of the building and before any excavation is made. (Code 1971, 4-105)
4-206. BUILDING PERMIT FEES. The following fees shall be paid to the city upon the issuance of any building permit: (a) Residential Construction: For new buildings or structures, remodeling or alterations, or accessory buildings, the sum of $1 per $1,000 of estimated valuation of the proposed structure shall be charged for the permit except that the maximum fee for a residential permit shall be $25. (b) Commercial Construction: (1) For new buildings or structures, remodeling or alterations or accessory buildings, the sum of $5 for the first $1,000 or fraction thereof based upon the estimated cost of the building; (2) For each additional $1,000 or fraction of estimated cost up to $25,000, the sum of $1; (3) For each additional $1,000 or fraction of estimated cost between $25,000 and $50,000, the sum of $.50; (4) For each additional $1,000 or fraction of estimated cost over $50,000, the sum of $.25. (c) For moving buildings within, into or from the city, the sum of $15; (d) No fee shall be required for any building permit when the governing body finds and determines that the applicant is an organization existing and operated exclusively for religious, charitable, scientific, literary, educational or non-profit purposes and is operated, supervised or controlled by such an organization and no part of the net earnings of such applicant inures to the benefit of any private charitable work or individual; (e) Fees for construction, alteration, removal, repair, location or relocation of any building shall be in addition to any fee required for inspection of plumbing, gas fitting or electrical installations in any building; (f) Permits and fees for buildings or structures located in the fire limits of the city shall be at the above rates for any such building so constructed and located. (Code 1971, 4-106; Code 1983)
ARTICLE 2a. EXAMINATION FOR CONTRACTOR LICENSING.
4-201a. EXAMINATION FOR CONTRACTOR LICENSE REQUIRED. Before any person shall engage in the business of electrical wiring, plumbing, or heating and air conditioning, such person shall have taken and passed the standard examination required hereunder to determine the competency of such person for a license certificate detailed below in section 4-202a of this article; and no license shall be issued unless the applicant presents a current certificate issued to him or her pursuant to the provisions of this article. Exceptions: (a) All public utilities installation contractors operating under contract to the city and working as installer of city owned public sewer and water lines installed underground, on or along city-owned alleys, street right-of-ways and dedicated utility easements, including the work of reconnection of all private sewer or water service lines to new, replaced or repaired public sewer or water lines, shall not be required to obtain the plumbing license required under this section. A plumbing permit will be required for each reconnection made (no fee charged) and each connection or reconnection shall be inspected by the city plumbing inspector. (b) The license of a plumber shall also include gas fitting and water conditioning. (c) Property owner permitted to do certain work. Any permit required by this article may be issued to the property owner to do any work required by this article in a single family dwelling used exclusively for living purposes, including the usual accessory buildings in connection with such building, when such person is the bona fide owner of such building and when the building will be owned by the property owner for a period of two years from date of final inspection. In no case shall the owner be allowed to perform labor at the trade of any type of licensed contractor on any other building or construction project during the above mentioned two year period, without first obtaining an appropriate license from the city, giving him or her the right to work at the trade of a licensed contractor. The owner shall personally purchase all material and perform all labor in connection therein, all according to code. The property owner shall assume all responsibility for any personal or property damage that may occur at any future date and shall procure required permits and call for any inspections required by code. (Ord. 565, Sec. 1)
4-202a. LICENSE REQUIREMENTS. Licenses may be issued to anyone meeting all the requirements for any of the following license certificate categories. (a) License Certificate Categories: (1) Building Contractor. Generally, those who have the knowledge and skill to build, construct, alter, repair, add to any building or structure (or for any portion thereof), or any sidewalk, driveway entrance or structure in any street, or any advertising sign, panel poster or billboard, or any other structure in the city for which a building or construction permit may now or hereafter be required by the laws of the city. A building contractor license may be issued to anyone 18 years of age or over who shall have the general knowledge and skills, as required above. No test for minimum competency as a building contractor is required. (2) Electrician. Those who have the knowledge and skill to install, repair, alter, add to or change any electrical wires, fixtures, appliances, apparatus, raceways, conduit or any part thereof; which generates, transmits, transforms or utilizes electrical energy in any form for light, heat, power or communications. An electrician license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman electrician certification test as prepared and published by Block and Associates. A minimum test grade of 75 will be considered a passing grade. (3) Plumber. Those who have the knowledge and skill to install, maintain, repair, alter or extend plumbing, septic tanks, water supply systems, storm sewer and all fixtures, appliances, appurtenances, apparatus or equipment used in connection wherewith, inside of, or attached to, any building, lot or premises; those who are qualified to install, maintain, repair, alter or extend gas piping, appliances, gas mains, lines, laterals, tank and other appurtenances in connection therewith; and those who are qualified to install, maintain and repair machinery tanks or devices used to treat water, including water softening equipment and the piping required for the installation of such equipment. Plumber license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman plumber certification test as prepared and published by Block and Associates. A minimum test grade of 75 will be considered a passing grade. (4) Mechanical (HARV) Contractor. Those qualified to install, maintain, repair, fabricate, alter, extend or design; central air conditioning, refrigeration, heating and ventilating, including ductwork, boiler and unfired pressure vessel systems, lift stations, gasoline tank and pumps, fire sprinkler systems, fuel transmission lines, and all appurtenances, apparatus or equipment used in connection therewith. A mechanical (HARV) contractor license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman HARV certification test as prepared and published by Block and Associates. A minimum test grade of 75 will be considered a passing grade. (b) Experience. Applicant may be required to show proof of required experience before a license may be issued. (c) Insurance Required. In addition to the above license requirements, and before the license is issued, the applicant shall file with the city clerk, proof of a valid public liability and property damage insurance policy in effect which shall not be less than the amount of $250,000 combined single limited including (but not limited to) contractual liability, independent contractors and completed operations. Such insurance policy shall be in effect prior to the issuance of a general or limited contractor's license. The licensee shall also file annually, on or before January 1 of each year, proof of such insurance. If the policy expires or is cancelled, the contractor's license expires at the same time. The licensee shall notify the city clerk within five days of such expiration or cancellation of insurance coverage. (d) License Fees and Duration. License fees are as follows: Building Contractor $25. Electrician $25. Plumber $25. Mechanical (HARV) Contractor $25. All certificates and licenses shall be recorded in the office of the city clerk and shall not be transferable. All licenses expire on December 31 of each year and shall not be prorated; they may be renewed without re-examination upon application having been made within 30 days of the expiration and no proof having been presented that the holder is not entitled to renewal. (e) License Suspension; Revocation; Appeal; Unlawful Acts. (1) The license of any contractor, as defined in section 4-202a herein, may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the building official upon his or her own motion. Notice shall be given in writing to such contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such contractor involving any one or more of the following: (i) Misrepresentation of a material fact by applicant in obtaining a license; (ii) Use of license to obtain a permit for another; (iii) Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public; (iv) Performance of any construction work without a permit where one is required by law; or (v) Willful disregard of any violation of the construction laws, or failure to comply with any lawful order of the city building inspector. (2) Any licensee may within 15 days appeal in writing to the governing body from any order of the building official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor's license. (3) It shall be unlawful for a contractor who has had his or her license suspended or revoked to engage in the same occupation or trade during the time his or her license is suspended or revoked. (4) Construction, as defined herein, shall include electrical, plumbing, mechanical, heat and air conditioning, and building contractors. (f) Display on Demand. It shall be the duty of every person doing work as a certified contractor to show the certificate issued to him or her under this article to any city official or law enforcement officer who shall ask to see the same. (Ord. 565, Sec. 1; Code 1991)
4-203a. LICENSE TESTING FORM AND PROCEDURE. (a) Statewide Standard Examination. Examination to determine competency for all categories in section 4-202a shall be administered by the building official in accordance with the Policy and Procedures Manual of Block and Associates. The standard examinations prepared and published by Block and Associates, Florida Farm Bureau Building, 5700 S.W. 34th Street, #1303, Gainsville, Florida 32608, are hereby designated the standard examination for determining the qualifications of persons seeking a certificate recognized for the categories listed in section 4-202a of this article, within the city and the State of Kansas. (b) Application for Examination. Any person desiring a certificate required by this article may obtain examination information from the city clerk or building official. (c) Eligibility for Examination. Refer to section 4-202a for the requirements for eligibility for examination for each of the license certificate categories detailed therein. (d) Minimum Passing Score. (1) If the applicant for examination under this article attains a score of 75 percent or higher, the building official, upon payment of the prescribed fee, and proof of liability insurance shall issue the appropriate certificate to the applicant authorizing him or her to engage or work at the occupant of the successful license category, providing all other regulations as adhered to. (2) Any applicant failing to pass an examination may be re-examined at the next or any succeeding regularly scheduled examination date as provided above. (3) The applicant's certificate shall have printed on the reverse side the score attained, the applicant's assigned number and the date the Block and Associates test was completed. (Ord. 565, Sec. 1; Code 1991)
4-204a. GRANDFATHERING CLAUSE. (a) Any individual who is presently licensed by the city at his or her contractor category need not submit to the taking of the aforementioned examination. If any such individual's license has expired, lapsed, or is cancelled, then he or she shall be tested in accordance with the aforementioned testing materials. (b) Regarding those individuals who have not heretofore been required to be licensed to do business in the city for the occupations described in this article, such individuals, upon written application, will be granted a license at his or her license category, without taking the aforementioned examination; provided that such individual has performed work within the city within three years from the effective date of this article in the license certificate category specified in his or her application for license; and further provided that: (1) all such information provided shall be confirmed by the building official as to its validity, if the information given cannot be substantiated, the application will be disapproved by the review board and returned to the applicant; (2) prior to issuance of a license, the applicant must obtain and maintain the general liability insurance coverage required under section 4-201a of this article; (3) that such written application for a no-examination license under this subsection must be filed with the office of the city clerk within 30 days from the effective date of this article; and (4) that if any such individual granted a license under this subsection seeks to be licensed at a different level of expertise, or if any such individual's license is expired, lapsed, or cancelled, then he or she shall be tested in accordance with the aforementioned testing materials. (Ord. 565, Sec. 3)
4-205a. PENALTY. It shall be unlawful to perform any building or construction work, including electrical, plumbing and mechanical (HARV) work, within the corporate limits of the city without a permit or license where one is required. A violation of this article may result in the temporary suspension of any license issued hereunder, or in lieu thereof, the building inspector may file a complaint in the municipal court of the city against such person, or persons which are in violation of this article and upon conviction shall be punished by a fine not less than $50 nor more than $500, for each offense. For the purposes of this article, a separate offense shall be deemed committed on each violation, as defined herein. (Ord. 565, Sec. 5; Code 1991)
ARTICLE 3. ELECTRICAL CODE
4-301. NATIONAL ELECTRICAL CODE INCORPORATED. (a) That certain standard code known as the "National Electrical Code," Edition of 1999, published by the National Fire Protection Association, is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said National Electrical Code, incorporated by reference herein, kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code.
4-302. APPOINTMENT OF ELECTRICAL INSPECTOR; ASSISTANT. The governing body shall designate a city officer or employee to perform the duties of electrical inspector for the purpose of this article and may appoint an assistant to the electrical inspector who may be authorized to exercise duties of the electrical inspector in his or her absence. The electrical inspector and his or her assistant shall be experienced in electrical inspection work and well versed in rules of approved methods of electrical installations. They shall not engage in the electrical business, either directly or indirectly in the city, and shall have no financial interest in any concern so engaged in said city during such time as they shall perform the duties imposed upon them by this article. (Code 1971, 4-201)
4-303. DUTIES OF INSPECTOR. The electrical inspector or his or her authorized assistant shall inspect all electric light, heat and power wires, fixtures, appliances, conductors and apparatus hereafter installed in or upon any and all buildings in the city and all such installations shall be made in accordance with the provisions of this article. He or she shall enforce or cause to be enforced such provisions of said article and, for that purpose, he or she shall have and is hereby given special police powers necessary therefore. He or she shall have the right to enter any building for the purpose of making any inspection required by this article. (Code 1971, 4-202)
4-304. FIRES; POWERS OF INSPECTOR. The electrical inspector or his or her authorized assistant shall have the power to at once cause the removal of all wires or the turning off of all electricity where the same shall interfere with the work of the fire department during the progress of any fire in the city. (Code 1971, 4-203)
4-305. ELECTRICAL INSPECTIONS; CONCEALED WORK. The electrical inspector or his or her assistant shall approve all installations of electrical wiring such as: (a) The electrical inspector or his or her assistant shall inspect all installations of electrical wiring, fixtures and other equipment as required by this article within 48 hours (not including Sundays or legal holidays) of the receipt of notice that same is ready for inspection. He or she shall leave a suitable distinctive marker on or near the service cabinet which shall indicate that work has been approved (or disapproved). (b) It shall be the duty of the person installing electrical wiring fixtures, appliances and apparatus to promptly notify the electrical inspector when same is ready for inspection. (Code 1971, 4-204)
4-306. CONDEMNATION OF WIRING. The electrical inspector shall have power and authority to condemn and cause the removal or necessary repair of any electric wiring, fixtures, appliances, conductors, apparatus or supports in or upon any building, shop, outhouse, shed or other structure within the city which may be considered as dangerous to life or property. He or she shall have the authority to require the cutting off of the electric current therefrom until such repairs or changes are made. All such orders shall be made in writing over the signature of said inspector. (Code 1971, 4-206)
4-307. INSPECTION RECORDS. The electrical inspector shall make complete records of all permits issued, inspections and orders made, and certificates issued and all other official work performed under the provisions of this article. All necessary blanks and record books shall be provided by the city. (Code 1971, 4-210)
4-308. PERMITS; PLANS; REQUIRED. (a) No person shall make any material alterations or additions in the existing wiring of any building nor shall any building be wired for electric lights, motors, heating devices or any apparatus requiring the use of electric current before making application in writing to the city clerk for a permit therefor. Applications for permits shall be made on blanks furnished by the city and shall set forth in detail such work to be done, location of buildings and the name of the owner: Provided, that no permit shall be required for maintenance of minor repairs. All plans for the wiring or rewiring of all residential dwellings larger than two-family and of all business buildings shall be approved by the inspector before a permit is issued. The permit shall contain the name of the person or firm doing the wiring work. (b) Permits to do electrical wiring work covered by this article shall be issued only to licensed electricians or electrical contractors upon payment of the fees required for such permits: Provided, That the owner of any building or structure to be wired or rewired may obtain permits hereinunder, as in the case of an electrician or contractor for work to be done personally by him or her on his or her own property. (c) The permit shall disclose the work to be done, the location of the building or structure and shall authorize only such electrical work as may be described in the application. (Code 1971, 4-211;212)
4-309. PERMITS; LICENSE; BONDS. The city clerk shall issue permits, licenses and bonds for any type of electrical wiring, as follows: Every person who has been found by the Building Trades Board to be competent to practice in the city shall secure from the city clerk a license, which shall be the receipt for the payment of the required fee, and pay a fee in the amount of $25 to do any type of electrical wiring, repairing or rewiring in any building or structure in the city and shall also file with the city clerk good and sufficient bond in favor of said city in the sum of $5,000 conditioned that the principal in said bond will install all electrical wire, fixtures, motors and appliances in a good workmanlike manner and in conformity with approved methods as set out in the National Electrical Code and under all requirements of this article and hold the city free from liability and harmless from all negligence or fault on the part of the bond principal growing out of any work undertaken or completed by said principal. (Code 1971, 4-212)
4-310. BUILDING TRADES BOARD ESTABLISHED. A Building Trades Board is hereby established for the following purposes: (1) To examine and pass upon the qualifications of persons seeking licensure from the city under this article; (2) To act as an appeals board for persons aggrieved by a decision of the city's electrical inspector; (3) To act as an appeals board for persons denied licenses by the city clerk; (4) To act as a code committee recommending to the governing body any changes necessary to keep the codes adopted by this article up-to-date; and (5) To suspend or revoke the license of any person found to be in violation of any of the provisions of this article. (Code 1983)
4-311. SAME; MEMBERSHIP. (a) The governing body shall appoint a five-person board consisting of: (1) One person licensed by the city as a plumber, who shall not be required to be a resident of the city; (2) One person licensed by the city as an electrician, who shall not be required to be a resident of the city; (3) Three persons who shall be residents of the city, none of whom may hold any license issued by the city pursuant to this chapter. (b) The building inspector shall serve as an ex-officio, non-voting, member of the board and shall be the board secretary. (c) Board members shall be appointed immediately after the effective date of the 1983 Hugoton Code with three members being appointed to terms expiring December 31, 1983, and to members to terms expiring December 31, 1984. Thereafter, all appointments shall be made for terms of two years. (Code 1983)
4-312. SAME; OFFICERS, MEETINGS. The board shall meet at such times as are necessary to conduct business, but shall meet at least once annually. A majority of the board must be present to constitute an official meeting and to conduct business. The board shall annually elect a chairperson and vice-chairperson. (Code 1983)
4-313. (Reserved for future use)
4-314. SAME; DUTIES. (a) The board shall conduct examinations with regard to the applicant's practical knowledge of electrical wiring and knowledge concerning the detailed provisions of the National Electrical Code. (b) The board shall keep an accurate record of all their official transactions. (c) The board shall act as a Board of Electrical Appeals in hearing any appeal arising from actions of the electrical inspector. (d) When brought before the board by the electrical inspector, the board shall issue interpretative rulings on provisions of the National Electrical Code and shall recommend changes in this article to the governing body. (e) The board shall have the authority to revoke or suspend licenses issued pursuant to this chapter for violation of the laws of the city. (Code 1983)
4-315. APPEAL. Any owner or agent desiring to appeal from any notice and order or any other action of the electrical inspector under this code may do so by filing at the office of the city clerk within 30 days from the date of the service of such order, a written appeal containing: (a) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. (b) A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. Only those matters or issues specifically listed by the appellant shall be considered in the hearing of the appeal. (c) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside. (d) The signatures of all parties named as appellants and their official mailing addresses. (e) The sworn statement (under penalty of perjury) of at least one appellant as to the truth of the matters stated in appeal. (Code 1983)
4-316. SAME; PROCESSING. The electrical inspector shall present any appeal filed in the office of the city clerk to the Board of Electrical Appeals. (Code 1983)
4-317. SAME; NOTICE; HEARING. After receiving the written appeal, the Board of Electrical Appeals shall set a date, time and place for the hearing of the appeal. Such date shall not be more than 10 days from the date the appeal was filed with the electrical inspector. Written notice of the time and place of the hearing shall be sent to each appellant by the secretary of the board either by personal delivery or by mailing a copy to the address shown on the appeal. (Code 1983)
4-318. SAME; DISPOSITION BY THE BOARD. (a) The appellant shall cause to be made at his or her own expense any tests or research required by the board to substantiate his or her claims. (b) After hearing the evidence the board shall reach a decision on the appeal within five days. A copy of the decision and the reasons therefore shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested. (Code 1983)
4-319. SAME; WAIVER. Failure of any person to file an appeal as set out above shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order or to any portion thereof. (Code 1983)
4-320. ELECTRICIANS; DEFINITIONS. (a) An electrical contractor is a person who may conduct, carry on or engage in the business of electrical contracting and maintain a place of business. (Code 1983)
4-321. LICENSE REQUIRED. (a) It shall be unlawful for any person to conduct, carry on or engage in the business of electrical contracting without first having had issued to him or her a valid license. (b) Every license issued under this article shall be carried on the person. (Code 1983)
4-322. SAME APPLICATION. Any person required by this code to possess a license shall meet the qualification requirements established by the Building Trades Board, submit an application form which can be obtained from the secretary of the board together with the application fee, pass the examination given by the board and pay the license fee as required. The electrical inspector may issue such a license to any person who submits an application, pays the required application fee, meets the education and/or experience requirements established by the board, has successfully passed any electrical examination given by a government agency, with content based on the current edition of the National Electrical Code, possesses and presents a valid license for same as applied, and pay the license fee as required. The electrical inspector may refer any application to the Building Trades Board. (Code 1983)
4-323. SAME; FEES. Every person applying initially for a license shall pay to the secretary of the Building Trades Board at the time he or she make application the fee of $25. (Code 1983)
4-324. SAME; ISSUANCE OF LICENSE. The board shall issue licenses pursuant to the following provisions: (a) Licenses shall be issued to such persons that make application for such license, pay the required fee and successfully pass the examination conducted by the board. In lieu of an examination the board may issue such a license to such person that makes application therefore, pays the required fee and possesses and presents to the board a valid license issued to him or her by any other governmental agency giving an examination, the scope and character of which, in the opinion of the board, is at least equal to that given by the board. (b) A passing score will be 70%. Credit may be given for certain parts correctly done, but the board may determine that any or all parts of the examination must be retaken. (Code 1983)
4-325. SAME; RE-EXAMINATION. Any person who fails to pass the examination as prescribed by the board may apply for re-examination after the expiration of 30 days. (Code 1983)
4-326. SAME; EXPIRATION OF LICENSES. Every license shall remain in force and effect until its expiration date on the 30th day of April of each year unless canceled, revoked or suspended. (Code 1983)
4-327. SAME; REVOCATION OR SUSPENSION OF LICENSES. (a) The board may cancel, revoke or suspend any license issued by them to any person, firm or corporation if such party later shows incompetency or lack of knowledge in matters relevant to such license of if such license was obtained by fraud. If the license of any such party be canceled or revoked, another such license shall not be granted to the party within 12 months after the date of cancellation or revocation. (b) Licenses are not transferable from one person to another and the lending of any license or the obtaining of permits thereunder for any other person shall be deemed cause for revocation. (Code 1983)
4-328. INSPECTION; CERTIFICATES; INSPECTOR'S RECORD. Upon completion of any work for which a permit has been issued hereunder, the permit holder shall immediately notify the electrical inspector when the same is ready for inspection. No workman shall lath, ceil or in any manner cover any electrical wiring until inspection shall have been made and the installation approved. All plumbing, water steam or gas pipes for furnace stacks which are to be concealed shall be in place before the electrical wiring will be inspected. Upon inspection and approval thereof said inspector shall make a suitable marker or place a tag on the service cabinet which will indicate that the work has been approved and thereupon shall issue a certificate of approval, a copy of which shall be sent to the owner of the building. The inspector shall keep a record of all his or her inspections, orders and certificates of approval. (Code 1971, 4-213)
4-329. DEFECTIVE WORK; CORRECTION ORDERS. The electrical inspector shall have authority to remove or cause to be removed any building work or other forms which may interfere with proper inspection and shall cause all defective electrical wiring or work installed in violation of this article to be removed or corrected. If any work shall be found not to comply with the requirements thereof or to be unsafe and defective, he or she shall at once notify the party or parties doing such work of such defect and order him or her or them to change, rearrange or remove the same and, upon the party's or parties' failure to do so within a reasonable time such party or parties shall be deemed guilty of a violation of the provisions of this article; and each and every day which shall elapse after the expiration of said reasonable time as the same be fixed by the electrical inspector without a compliance with said order shall be considered a separate offense. (Code 1971, 4-214)
4-330. LIABILITY: ELECTRICIANS; CITY. This article shall not be construed to remove or lessen the liability of any party owning, operating, controlling or installing any electrical equipment for damages to any person or property by any defect therein, nor shall the city be held as assuming any such liability by reason of the inspection authorized herein or certificate issued. (Code 1971, 4-215)
4-331. NOTICE TO ELECTRICAL DEPARTMENT. Before any person, firm or corporation shall install or buy any electrical motor, the buyer or seller shall give notice thereof to the electrical department at the office of the superintendent and the department shall determine if the equipment and apparatus is of sufficient voltage or phase for the service available. (Code 1971, 4-216)
4-332. INSTALLATION QUESTIONS. The electrical inspector shall decide all questions not provided for in this article pertaining to the installation or use of electric wires, appliances or apparatus. (Code 1971, 4-217)
4-333. INSPECTION FEES. No certificate of inspection shall be issued as herein provided until there shall have been paid to the city clerk fees for such inspection at the following rates:
(Code 1991)
ARTICLE 4. PLUMBING CODE
4-401. UNIFORM PLUMBING CODE INCORPORATED. That certain standard code known as the "Uniform Plumbing Code," Edition of 1997, published by the International Association of Plumbing and Mechanical Officials, is adopted and incorporated herein by reference and made a part of this article , to save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said Uniform Plumbing Code, incorporated by reference herein, kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours. The file stamped copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 699, Sec. 2) Any person violating any provisions of such codes shall be punished as provided in such codes if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 699, Sec. 3)
4-402. PLUMBER'S PERMITS; SEWER CONNECTION. Rules and regulations for plumber's permits and sewer connections shall be as follows: (a) It shall be unlawful for any person to uncover a public sewer for any purpose or to open or remove any manhole, flush tank or inlet cover of any public sewer, or to make or cause to be made any connection with the main or lateral public sewers of the city without first having obtained a written permit from the plumbing inspector of the city. Said permit shall be granted on a written application describing the contemplated work, the premises to be sewered and the plumbing fixtures to be installed. No permit shall be issued to any person who is not licensed as a plumber by the city. (b) No permit shall be issued to connect any premises with any sewer main outside of a sewer district or to make connections with a main or a lateral sewer for the purposes of sewering any property which shall have not been assessed for the improvement or which is not legally liable to special assessment for the cost of the sewer laterals until a written application shall have been presented to the governing body by the owner and the fee which shall have been fixed and determined on each application by the governing body shall have been paid to the city. (Code 1971, 4-301)
Ref.: Sewer connection regulations, section 14-201:209.
4-403. PLUMBER'S LICENSE AND BOND; CONDITIONS; EXCEPTIONS. Every plumber shall, before engaging in the business of plumbing in the city, secure a license from the city clerk upon payment of a fee of $25, give to the city a corporate surety bond in the sum of $5,000 to be approved as to its sufficiency by the governing body and as to form by the city attorney, conditioned that the principal, his agents and servants, will faithfully comply with the terms and conditions of this article and all rules and regulations made in pursuance thereof and that the principal, his agents and servants, will faithfully comply with the terms and conditions of all ordinances of the city governing street excavations and will indemnify and hold said city harmless and free from all costs, expenses, damages or injuries sustained by said city by reason of the carelessness or negligence of said parties while doing any plumbing work under this article or other ordinances of the city relating to street excavations or by reason of any failure or neglect to comply with the provisions of said ordinance or any rules or regulations made pursuant thereto. Any such bond may be conditioned to include any work performed under any ordinance of the city relating to gas fittings. The principal giving any such bond under this article shall not be required to give a separate bond under any excavation ordinance of the city. No bond for the purpose of this article shall run for a longer period than two years and said bond shall remain in full force and effect as to any piece of work or excavation for six months after the same shall have been completed. (Code 1971, 4-303)
4-404. GAS FITTER'S LICENSE AND BOND. All gas fitting work for the installation, connection, extension, alteration or replacement of gas piping and fittings, or the repairing of gas piping and fittings and any kind of gas piping extensions or alterations of old or used installations for the supply and use of natural and artificial gas in all buildings in the city shall be done only by a person licensed as a gas fitter or plumber by said city. The surety bond provisions of section 4-403 shall also be applicable to any person performing gas fitting work. (Code 1971, 4-401; 1983)
4-405. PLUMBING INSPECTOR; INSPECTION FEES. Rules and regulations for plumbing inspector and fees shall be as follows: (a) The governing body shall appoint some officer or employee of the city as the plumbing inspector for the purpose of this article and may appoint such assistants as may be required. The plumbing inspector or his or her assistant shall perform duties and exercise the powers imposed by this article upon the plumbing inspector. (b) The plumbing inspector shall be allowed the following fee for each inspection made:
(Code 1991)
4-406. PERMANENT PLUMBING RECORDS. After any system of plumbing or addition to an old system has been finished, the plumber doing the work shall file an accurate description of same with the plumbing inspector. The description should give exact location of all pipes, traps and the like together with the size of the same and also give the date of installation. (Code 1971, 4-326)
4-407. DEFINITIONS. (a) A plumber or gas fitter is a person who may conduct, carry on or engage in the business of plumbing or gas fitting, and has taken or passed a creditable examination and is bonded to the city. (b) An appliance installer is a person, firm or corporation regularly engaged in the sale of gas burning appliances (such as, but not limited to, the sheet metal business) who may install gas burning appliances for which installations such person, firm or corporation is responsible to the purchaser thereof, without being registered hereunder. Such installation without a certificate shall not include the installation of any gas piping or the connection to the gas piping or the connection of the gas supply. Work done under this subsection shall be done in conformity with all other provisions of this code including those related to permits, fees, inspections and certificates of approval. (Code 1983)
4-408. GENERAL PROVISIONS. (a) It shall be unlawful for any person to conduct, carry on or engage in the business of plumbing or gas fitting or act in the capacity of a plumbing or gas fitting contractor without first having had issued to him or her a valid license by the Building Trades Board, and having been bonded to the city as provided in section 4-403 of this article. (b) A person holding a license as a gas fitter shall be prohibited from doing sanitary plumbing work or water supply piping unless he or she also holds a valid license as a plumber, with the exception that in conjunction with the installation of a gas appliance or gas water heater, the gas fitter may connect to existing water pipe openings and extend to the appliance, if a valid permit has been obtained and the installation follows the governing code. (Code 1983)
4-409. SAME; APPLICATION FOR LICENSE. Any person, firm or corporation required by this code to possess a license shall make application therefor to the Building Trades Board on application blanks provided for that purpose by the secretary of the board and pay the fee as hereinafter provided. (Code 1983)
4-410. BUILDING TRADES BOARD. The Building Trades Board established by section 4-310 of this code shall also serve the following purposes: (1) To examine and pass upon the qualifications of persons seeking licensure from the city under this article; (2) To act as an appeals board for persons aggrieved by a decision of the city's plumbing inspector; (3) To act as an appeals board for persons denied licenses by the city clerk; (4) To act as a code committee recommending to the governing body any changes necessary to keep the codes adopted by this article up-to-date; and (5) To suspend or revoke the license of any person found to be in violation of any of the provisions of this article. (Code 1983)
4-411. SAME; DUTIES OF THE BOARD. (1) The board shall issue licenses to such persons as may be entitled thereto and conduct examinations for the purpose of determining the competency and knowledge of plumbing, gas fitting and drainage work of persons who are required by this code to take such examinations. The board shall determine the character of the examination to be given any applicant and by majority vote accept or reject such application upon his or her showing as the case may be. (2) It shall be the duty of the board to act as board of appeals in making a correct determination of any appeal arising from actions of the administrative authority. (a) Appeals shall be made in writing and the appellant may appear in person before the board or be represented by an attorney and may introduce evidence to support his or her claims. Appeals shall be heard at reasonable times at the convenience of the board but not later than 30 days after receipt thereof. (b) The appellant shall cause to be made at his or her own expense any tests or research required by the board to substantiate his or her claims. (3) The board shall keep an accurate record of all its official transactions. (Code 1983)
4-412. SAME; APPLICATION FEE. Every person applying initially for a license shall pay to the secretary of the board at the time he or she makes application the fee of $25. (Code 1983)
4-413. SAME; ISSUANCE OF LICENSES. The Building Trades Board shall issue certificates of qualification or registration pursuant to the following provisions: (a) Plumber or gas fitter licenses shall be issued to such persons that make application for such licenses, pay the required fee and successfully pass the examination conducted by the board. In lieu of an examination the board may issue such a license to such person that makes application therefore, pays the required fee and possesses and presents to the board a valid license issued to him or her by any other governmental agency giving an examination, the scope and character of which, in the opinion of the board, is at least equal to that given by the board. (b) A passing score will be 70%. Credit may be given for certain parts correctly done, but the board may determine that any or all parts of the examination must be retaken. (Code 1983)
4-414. SAME; RE-EXAMINATION. Any person who fails to pass the examination as prescribed by the board may apply for re-examination after the expiration of 30 days. (Code 1983)
4-415. SAME; EXPIRATION OF LICENSES. Every license shall remain in force and effect until its expiration date on the 30th day of April of each year unless canceled, revoked or suspended. (Code 1983)
4-416. SAME; FEES FOR LICENSES. (a) Plumbers - $20. Gas Fitters - $20. (b) The full amount of the license fee shall be required regardless of the time of year in which the application is made. (Code 1983)
4-417. SAME; FEES FOR RENEWAL OF LICENSES. Plumbers and Contractors - $10; Gas Fitters and Contractors - $10.
All licenses, except licenses which have been canceled or revoked, may be renewed from year to year upon request and payment of the required renewal fee shown herein. If a renewal of a license be requested and the required fee paid within 30 days of the expiration date of such license, the renewal fee shall be as stated above. If such renewal be requested and the required fee paid more than 30 days, but less than 90 days after the expiration date of such license, the renewal fee shall be the same as the initial fee shown in section 4-416. No license may be renewed more than 90 days after the expiration date of such license. (Code 1983)
4-418. SAME; REVOCATION OR SUSPENSION OF LICENSES. (a) The board may cancel, revoke or suspend any license issued by them to any person, firm or corporation if such party later shows incompetency or lack of knowledge in matters relevant to such license or if such license was obtained by fraud. If the license of any such party be canceled or revoked, another such license shall not be granted to the party within 12 months after the date of cancellation or revocation. (b) Licenses are not transferrable from one person to another and the lending of any license or the obtaining of permits thereunder for any other person shall be deemed cause for revocation. (Code 1983)
4-419. PERSONS EXEMPT FROM LICENSING, BONDS. Any gas utility company doing business under a franchise with the city shall not be required to secure a license or file a bond when engaged in the performance of duties, obligations or rights conferred upon such utility by the franchise. The employees and agents of the utility shall comply with the requirements of this code in all respects when engaged in work required by the further provisions to be performed by gas fitters. (Code 1979, 5-604; Code 1983)
ARTICLE 5. DANGEROUS AND UNSAFE STRUCTURES
4-501. PURPOSE. The governing body of the city has determined that there exists within the corporate limits of the city, structures which are dangerous, unsafe and unfit for human use or habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions which render such structures unsafe, unsanitary, or otherwise inimical to the welfare of the residents of the city. It is hereby deemed necessary by the governing body to require or cause the repair, closing, demolition or removal of such structures in the manner hereinafter provided. (K.S.A. 12-1750:1756; 17-4759, Code 1983)
4-502. DEFINITIONS. For the purpose of this article the following words or terms shall have the following meanings: (a) Structure. Any building, wall, superstructure or other structure which requires location on the ground, or is attached to something having a location on the ground and shall include mobile homes. (b) Residential Structure. Any building, dwelling, structure, or part thereof used and occupied for human habitation, or intended to be so used, and including any appurtenances belonging thereto, or usually enjoyed therewith. (c) Nonresidential Structure. Any structure which is used for other than residential purposes, or a structure, a part of which is used for other than nonresidential purposes and where applicable, the premises on which such structures are situated. (d) Public Officer. The city building inspector. (Code 1971, 4-503; Code 1983)
4-503. UNFIT FOR HUMAN HABITATION. A structure shall be declared unfit for human habitation when the public officer finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of the municipality, or which have a blighting influence on properties in the area. (K.S.A. 17-4759; Code 1983)
4-504. DUTY OF PUBLIC OFFICER. The public officer shall: (a) Inspect any building, wall or other structure which appears to be unsafe, dangerous or unfit for human habitation; (b) Have authority to enter upon premises at reasonable hours for the purpose of making such inspections. Such entries shall be made in a manner as to cause the least possible inconvenience to the persons in possession of the structure. If such entry is refused, the public officer may seek an order for this purpose from a court of competent jurisdiction; (c) Report all structures which he or she believes to be dangerous, unsafe or unfit for human habitation to the governing body of the city; (d) Receive petitions and serve all notices against property owners as required by this article; (e) Have authority to fix the duties of such deputies, agents and employees as he or she deems necessary to carry out the purposes of this article. (K.S.A. 17-4759(f), Code 1983)
4-505. ENFORCING OFFICER. The public officer as defined in section 4-502 is hereby designated as the "enforcing officer" of the city and is charged with the administration of the provisions of K.S.A. 12-1750 to 12-1756, inclusive, being an act authorizing cities to cause the repair or removal or to remove dangerous and unsafe structures. (K.S.A. 12-1750; Code 1983)
4-506. PROCEDURE; RESOLUTION. (a) Whenever a petition is filed with the public officer by at least five residents of the municipality charging that any structure is unfit for human use or habitation or whenever it appears to the public officer on his or her own motion that any structure is unfit for human use or habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, report such findings to the governing body. (b) The governing body, upon receiving such report, shall by resolution fix a time and place at which the owner, his or her agent, any lienholder of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished. (K.S.A. 12-1752, 17-4759(b)(2), Code 1983)
4-507. SAME; PUBLICATION. (a) Such resolution shall be published once each week for two consecutive weeks on the same day of each week. At least 30 days shall elapse between the last publication and the date set for the hearing. (b) A copy of said resolution shall be mailed by certified mail within three days after its first publication to each owner, agent, lienholder and occupant at his/her or its last known place of residence and shall be marked "deliver to addressee only." (c) If the owner is a resident of Stevens County, the resolution shall be personally served within five days on such owner or delivered to his/her last known address in lieu of mailing the same. In this case, at least 10 days shall elapse between the service on such owner and the date set for hearing. (K.S.A. 12-1752; 17-4759(d), Code 1983)
4-508. HEARING, ORDERS. (a) If, after notice and hearing, the governing body determines that the structure under consideration is dangerous or unfit for human use or habitation, it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order directing such owner to either repair or demolish the structure as provided in section 4-509. (b) The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the governing body will cause the structure to be razed and removed. (Code 1983)
4-509. DUTY OF OWNER. (a) Whenever any structure located within the limits of the city shall be found to be dangerous or unsafe, it shall be and is hereby made the duty and obligation of the owner of such property to render the same secure and safe or to remove the same. (b) If the repair, alteration, or improvement of the said structure can be made at a cost which shall not exceed 50 percent of the fair market value of said structure, the owner of said property shall, within the time specified in the order, repair, alter or improve such structure to render it safe and fit for human use or habitation, or shall vacate and close the structure until such time as he/she has complied with the order. (c) If the repair, alteration or improvement of the structure cannot be made at a cost of 50 percent or less of its fair market value, the owner shall, within the time specified in said order, remove or demolish such structure. (Code 1983)
4-510. FAILURE TO COMPLY. If the owner of any structure has failed to commence the repair, vacation or removal of such structure within the time stated in the order, or has failed to diligently prosecute the same thereafter, the public officer may cause such structure to be repaired, vacated or removed as required in the order. (Code 1983)
4-511. MAKE SITE SAFE. Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave such premises in a safe condition. If the owner fails to take such action, the public officer may proceed to fill such excavation and make the site safe and the cost of so doing shall be assessed against the property as provided in section 4-512. (Code 1983)
4-512. ASSESSMENT OF COSTS. (a) The cost to the city of such repairs, alterations, improvements, vacating, removal or demolition by the public officer shall be reported to the city clerk. (b) The city clerk may sell any salvage from such structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. Any proceeds in excess of that required to recover such costs shall be paid to the owner of the premises upon which the structure was located. (c) If the proceeds of the sale of such salvage is insufficient to recover the city's costs, or if there be no salvage, the city clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs to the county clerk who shall extend the same on the tax rolls of the county. (K.S.A. 12-1755; 17-4759; Code 1983)
4-513. IMMEDIATE HAZARD. When in the opinion of the public officer, any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, such officer may erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay. Such action may, under such circumstances be taken without prior notice to or hearing of the owners, agency, lienholders and occupants. The cost of any such action shall be assessed against the property as provided in section 4-512. (K.S.A. 12-1756; Code 1983)
4-514. APPEALS TO DISTRICT COURT. Any person affected by an order issued by the governing body under this article may, within 30 days following the service of such order, petition the district court of Stevens County for an injunction restraining the public officer from carrying out the provisions of the order pending the final disposition of the case. (K.S.A. 17-4759; Code 1983)
4-515. OTHER POWERS PRESERVED. Nothing in this article shall be construed to abrogate or impair the powers of the city to enforce any other provisions of its ordinances, or regulations, nor to prevent or punish violations thereof, and the powers conferred by this article upon the public officer or other public officials shall be in addition and supplemental to the other powers conferred upon such officers by the city. (K.S.A. 17-4759; Code 1983)
ARTICLE 6. TELEVISION ANTENNAS
4-601. PURPOSE. For the better protection of life and property and in the interest of public safety, the following rules and regulations are hereby adopted for the installation of outdoor television, AM and FM receiving and transmitting antennas within the city. (Code 1971, 4-701)
4-602. PROHIBITED INSTALLATIONS. No installations of television sets shall be made forward of nor visible from the front seats of any motor operated vehicle and it shall be unlawful to operate any such installation within the city, otherwise, the provisions of this chapter shall not apply to motor vehicles. (Code 1971, 4-702)
4-603. SPECIFICATIONS. These specifications shall apply to television, AM, and FM, amateur and commercial receiving and transmitting antennas. (a) Masts or antennas must be of noncombustible and noncorrosive material except that in the case of ground support, a wooden pole may be used when adequately treated with a wood preservative. When a mast or antenna is installed on a roof, it must be mounted on its own platform and be securely anchored with guy wires. Masts and antennas must not be fastened to the roof or supported by combustible members or materials. (b) Outdoor antennas must be of an approved type and shall not exceed the maximum height of 30 feet above a roof support or 70 feet above ground support. In areas where reception may be affected by the obstruction of tall buildings, antennas in excess of the above specified height may be installed only when approved by the governing body. Every antenna must be adequately grounded for protection against a direct stroke of lightning, with the ground wire as specified in the 1981 National Electrical Code. In no case shall an antenna be installed nearer to street or sidewalk than the height of the antenna plus 10 feet unless approved by the governing body. Anchor points for antennas, masts and guy wires must be anchor screws or lead expansion shields drilled into solid block, concrete or other noncombustible construction. No wires, cables, or guys shall cross or extend over any part of a public street, way or sidewalk. (c) In case of an amateur or domestic receiving antenna where the set is installed in a private residence, the antenna may be installed on the roof of a frame structure: Provided, That the supports and anchor screws are securely fastened to rafters or beams or other substantial members: Provided further, That no antenna installed on the roof of a frame construction or in any way supported by material of combustible construction shall exceed a height of 30 feet above the roof of the building. (Code 1971, 4-703)
4-604. SAME; ADDITIONAL SPECIFICATIONS. (a) Transmission lines must be kept at least 12 inches clear of existing telephone or light wires. Rawl plugs are provided only for supporting transmission lines. Standoff support insulators must be used at least every 10 feet in running the transmission line down the building. (b) Lightning arresters shall be approved by the Underwriters' Laboratories, Inc. and both sides of the line must be adequately protected with proper arresters or neon lamps to remove static charges accumulated on the line, except when a folded dipole or other type of antenna is used which is already grounded to the mast. When lead-in conductors of polyethylene ribbon type are used, lightning arresters must be installed in each conductor. If a coaxial cable is used for the lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath. (c) Antennas shall be designed and installed in such manner as to resist a wind pressure of 25 pounds per square foot and in no case shall guy wires be less than three thirty-seconds of an inch (3/32") five strand cable or equivalent, galvanized. Rawl plugs must NOT be used for securing guy wires or mounting brackets. (d) Ground wire must be of the type approved by the 1981 edition of the National Electrical Code, for grounding masts and lightning arresters and must be installed in a mechanical manner with as few bends as possible, maintaining a clearance of at least two inches from combustible material. (e) Guy wires supporting the mast must be of the type approved by the National Electrical Code incorporated by section 4-301. The guy wire, when attached to the anchor screw, must maintain a clearance of at least two inches from combustible material and must be insulated with a proper insulator placed anywhere in the guy wire. (f) Ground straps for grounding masts and attaching arresters to water pipe must be approved ground fittings. (g) The miscellaneous hardware such as brackets, turnbuckles, thimbles, clips etc., must be hot dipped galvanized, or similarly treated for weather protection. The turnbuckles must be protected against turning by threading the guy wires through the turnbuckles. (Code 1971, 4-703)
4-605. RESTRICTED INSTALLATIONS. No electrical materials, devices or apparatus designed for attachment to or installation on any electrical circuit or system for television, AM, FM, amateur and commercial receiving and transmitting antennas shall be installed, used, sold or offered for sale for use in the city, unless they are in conformity with the approved methods of construction for safety to life and property. Conformity of electrical materials, devices or apparatus with the standards of the Underwriters' Laboratories, Inc., are approved for use in the city. The maker's name, trademark or other identification symbol shall be placed on all electrical devices which use 115 volts or more and which are sold or offered for sale or use or are used in the city. These markings and others such as voltage, amperage, wattage and powerfactor or appropriate ratings described in the National Electrical Code incorporated by section 4-301 are necessary to determine the character of the material, device or equipment and the use for which it is intended. (Code 1971, 4-704)
4-606. PERMIT REQUIRED. Work shall not be commenced on the installation of receiving or transmitting antennas before a permit therefor is obtained from the city clerk after approval by the city building inspector. An inspection fee of $3 shall be paid for each permit. A reinspection fee of $1 shall be made for each trip when extra inspections are necessary for any one of the following reasons: (a) Wrong address; (b) Condemned work resulting from faulty construction; (c) Repairs or corrections not made when inspector is called; (d) Work not ready for inspector when called. (Code 1971, 4-705)
4-607. INSPECTION. The electrical inspector and his representatives are hereby empowered to inspect or reinspect any wiring, equipment or apparatus conducting or using electric current for television, AM, FM, amateur and commercial receiving and transmitting antennas in the city and if conductors, equipment or apparatus are found to be unsafe to life or property, the inspector shall notify the person, firm, or corporation owning or operating the hazardous wiring or equipment to correct the condition within the time specified by the inspector. Failure to correct violations in the specified time constitutes a violation of this article and each day of the continuance of the violation shall be considered a separate offense and punishable separately. (Code 1971, 4-707)
4-608. COMMERCIAL INSTALLATIONS EXCEPTED. The provisions of this article shall not apply to commercial broadcasting and other commercial transmitting stations: Provided, That the height of the antenna does not exceed 30 feet above a roof support or 70 feet above a ground support. (Code 1971, 4-709)
ARTICLE 7. COMMUNITY ANTENNA TELEVISION
4-701. DEFINITIONS. For the purpose of this article, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. (a) Franchise shall mean and include any authorization granted hereunder in terms of a franchise, privilege permit, license, or otherwise, to construct, operate and maintain a community antennae and closed circuit electronic system in the city. (b) Grantee shall mean the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the council under this article and the lawful successor, transferee or assignee of said person, firm or corporation. (Code 1971, 4-801)
4-702. FRANCHISE TO OPERATE. A nonexclusive franchise to construct, operate and maintain a community antennae and closed-circuit electronic system within all or any portion of the city may be granted by the governing body to any person, firm or corporation who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this article. No provision of this article may be deemed or construed as requiring the granting of a franchise when, in the opinion of the governing body, it is not in the public interest. (K.S.A. 12-2006; Code 1971, 4-802)
4-703. USES PERMITTED BY GRANTEE. Any franchise granted pursuant to the provisions of this article shall authorize and permit the grantee to engage in the business of operating and providing in the city and for that purpose to erect, install, construct or repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across, and along any public street, dedicated easement or other public place or way such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the construction, maintenance and operation of said system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to, any public utility or other grantee franchised or permitted to do business in the city. All such installations shall be subject to all existing and future ordinances and regulations of the city. (Code 1971; 4-803)
4-704. DURATION OF FRANCHISE. No franchise granted hereunder shall be for a term longer than 20 years from the effective date of any such franchise or any renewal thereon. (Code 1971, 4-804)
4-705. FRANCHISE RENEWAL. Any franchise granted under this article is renewable at any time upon the application of the grantee in the same manner as required herein for obtaining the original franchise. (Code 1971, 4-805)
4-706. EFFECTIVE DATE OF FRANCHISE. Franchises, as granted hereunder, shall be by ordinance and shall be read in full at three regular meetings of the council. Such ordinance shall thereafter be published once a week for three weeks in the official city newspaper and shall take effect and be in force 60 days from the date of final passage. (K.S.A. 12-2001; Code 1971, 4-806)
4-707. UNLAWFUL ACTS. It shall be unlawful for any person: (a) To establish, operate or carry on the business of a community antennae and closed-circuit electronic system unless a franchise therefor has first been obtained pursuant to the provisions of this article and unless such franchise is in full force and effect. (b) To construct, install or maintain within any public street, alley, dedicated easement, or other public place or way in the city or within any other public property of the city (or within any privately owned area within the city which has not yet become a public street, alley, easement or way, but is designated or delineated as such on any tentative subdivision map approved by the city), any equipment or facilities for distributing any television, radio or other electronic signals to a community antennae and closed-circuit electronic system, unless a franchise authorizing the use of such street, alley, dedicated easement or public place or way has first been obtained pursuant to the provisions of this article and unless such franchise is in full force and effect. (c) To make any unauthorized connection whether physically, electrically, acoustically, inductively or otherwise, with any part of a system franchised hereunder for the purpose of enabling himself or others to take or receive any television signal, radio signal, picture program or sound, without the authorization or payment to the owner of said system. (d) Without the consent of the owner, to willfully tamper with, remove, or injure any cables, wires or equipment, used for the distribution of television signals, radio signals, pictures, programs or sound. (Code 1971, 4-807)
ARTICLE 8. MECHANICAL CODE
4-801. UNIFORM MECHANICAL CODE INCORPORATED. That certain standard code known as the "Uniform Mechanical Code," Edition of 1997, published by the International Conference of Building Officials, is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said Uniform Mechanical Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 697, Sec. 5) Any person violating any provision of such code shall be punished as provided in such code if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas. (Ord. 697, Sec. 7)
4-802. PERMIT. No permit shall be issued to install a mechanical system unless there shall have been paid to the city clerk the following fees:
(Code 1991) |
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