CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 1. BUILDING STANDARDS AND PERMITS

ARTICLE 1. BUILDING STANDARDS AND PERMITS

The City Clerk hereby has these added responsibilities and is authorized and directed to enforce all the provisions of this article of the City of Marquette, Kansas, now in force or hereafter adopted, relating to zoning, subdivision regulations or building codes.

(Ord. 403; Code 2018)

The city clerk shall submit a report to the governing body not less than once a year covering the work of his office during the preceding year. The city clerk shall keep a permanent accurate account of all fees and other monies collected and received, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate.

(Ord. 403; Code 2018)

(a)   Permits required. No person, firm or corporation shall erect, construct, enlarge, improve, or destroy any building or structure in the City of Marquette, Kansas or cause the same to be done, without first obtaining a separate building or destruction permit for each such building or structure from the city clerk.

(b)   Application: To obtain a permit the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every applicant shall:

(1)   Identify and describe the work to be covered by the permit for which application is made;

(2)   Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

(3)   Indicate the use or occupancy for which the proposed work is intended;

(4)   Be accompanied by plans and specifications as required in sub-section (c) of this section;

(5)   State the valuation of the proposed work;

(6)   Be singed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;

(7)   Give such other information as reasonably may be required by the city clerk;

(c)   Information on plans and specifications: Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this article and all relevant laws, ordinances rules and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. If proposed is in HUD identified special flood hazard area by shading or other easily recognizable method. In lieu of detailed specifications, the city clerk may approve references on the plans to a specific section or part of this article or other ordinances or laws.

(Ord. 403; Code 2018; Ord. 2020-1)

The city clerk when reviewing applications for building permits, including the plans and specifications for the proposed construction, will review all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage.

(Ord. 403; Code 2018)

The city clerk shall review all building permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recommendations for construction in all locations which have flood hazards.

(Ord. 403; Code 2018)

The city clerk in reviewing all applications for construction in flood hazard locations within the city shall require that any such proposed construction must:

(a)   Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding.

(b)   Use construction materials and utility equipment that are resistant to flood damage.

(c)   Use construction methods and practices that will minimize flood damage.

(d)   Provide adequate drainage in order to reduce exposure to flood hazards.

(e)   Locate public utilities and facilities on the site in such a manner as to be elevated and constructed to minimize or eliminate flood damage, such utilities and facilities including sewer, gas, electrical and water systems.

(Ord. 403; Code 2018)

The governing body of the City of Marquette, Kansas in reviewing all subdivision applications, shall make findings of fact and determine if:

(a)   All such proposed developments are consistent with the need to minimize flood damage.

(b)   Adequate drainage is provided so as to reduce exposure to flood hazards.

(c)   Adequate drainage is provided so as not to increase the exposure to flood hazards of adjacent lands.

(d)   All public utilities and facilities are located, and constructed so as to minimize or eliminate flood damage, these utilities and facilities to include sewer, gas, electrical and water systems.

(Ord. 403; Code 2018)

(a)   Issuance: The application, plans and specifications filed by an applicant for a permit shall be checked by the city clerk. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the city clerk is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this article and other pertinent laws and ordinances, and that the fee specified herein has been paid, he shall issue a permit therefor to the applicant.

(b)   Retention of plans: One set of approved plans, specifications, and computations shall be retained by the city clerk for a period of not less than 90 days from date of completion of the work covered therein.

(c)   Expiration: Every permit issued by the city clerk under the provisions of this article shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 120 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced a new permit shall be first obtained so to do, and no fee therefor shall be required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided, further, that such suspension or abandonment has not exceeded one year.

(d)   Suspension or revocation: The city clerk may, in writing, suspend or revoke a permit issued under provisions of this article whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this article.

(Ord. 403; Code 2018)

A rated fee of set amount of $0 to $2,499.99 = $5.00; $2,500.00 to $9,999.99 = $25.00; $10,000.00 to $24,999.99 = $60.00; $25,000.00 to $49,999.99 = $125.00; $50,000.00 to $99,999.99 = $250.00; $100,00.00 and up= $400.00, shall be paid to the City Clerk at the time the application for building permit is submitted to the City Clerk.

(Ord. 403; Ord. 598; Code 2018)

All construction or work for which a building permit is required shall be subject to inspection by the city clerk. A survey of the lot may be required by the city clerk to verify compliance of the structure with approved plans. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the city clerk, which approval shall be given only after an inspection shall have been made of each successive step in the construction as indicat3ed by each of the inspections required in section 4-111.

(Ord. 403; Code 2018)

Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the city clerk. The city clerk, upon notification from the permit holder or his agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with this article.

(a)   Foundation inspection: To be made after trenches are excavated and forms erected and when all materials for the foundation are delivered on the job. Where concrete from a central mixing plant (commonly termed “transit mixed”) is to be used, materials need not be on the job.

(b)   Frame inspection: To be made after the roof, all framing, fire-blocking, and bracing are in place and all pipes, chimneys, and vents are complete.

(c)   Lath and/or wallboard inspection: To be made after all lathing and/or wallboard, interior and exterior, is in place; but before any plastering is applied or before wallboard joints and fasteners are taped and finished.

(d)   Final inspection: To be made after building is completed and ready for occupancy.

(Ord. 403; Code 2018)

(a)   Penalty for Failure to Obtain a Building Permit. If a property owner fails to obtain a building permit as required by this chapter, such property owner shall be penalized by paying twenty-five ($25) dollars a month with a maximum of two hundred dollars ($200) if the owner does not obtain a permit. This penalty will be charged in addition to the cost of the building permit.

(b)   Every structure, building, fill or development placed or maintained within any flood plain in violation of this section is a public nuisance and the creation thereof may be enjoined, and maintenance thereof may be abated by action at suit of the City of Marquette, Kansas. Any person who places or maintains any structure, building, fill or development within any flood plain in violation of this section may be fined not more than $100 for each offense. Each day during which such violation exists is a separate offense.

(Ord. 403; Code 2018; Ord. 2021-01)

The City Council of the City of Marquette, Kansas, may from time to time alter, supplement, or change the district boundaries and the provisions contained in this section in the manner provided by law.

(Ord. 403; Code 2018)

That the flood prone areas as shown on the survey map by the Department of Housing and Urban Development, pending the appeal of the city for the northern boundary of the flood prone areas to be moved southward.

(Ord. 403; Code 2018)