City Ordinances

ORDINANCE NO. 2015-008

AN ORDINANCE AMENDING CHAPTER IV, ARTICLE 2 OF THE CODE OF THE CITY OF NEW STRAWN, KANSAS REGARDING BUILDING CODE FOR BUILDINGS AND STRUCTURES IN THE CITY OF NEW STRAWN, KANSAS

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS:

SECTION 1. That Section 4-207, subsection (d) of Chapter IV, Article 2 is hereby amended to read as follows:

Any permit issued under this section shall be valid and subsisting for a period of not more than (i) six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit, or (ii) eighteen months from the date of issuance of such permit, whether or not such work is Completed. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.

SECTION 2. That Section 4-209 of Chapter IV, Article 2 is hereby amended to read as follows:

SAME, FEES. The fee for a building permit shall be $15.00 for new construction and $10.00 for all other construction. Any person or persons who begin construction without first obtaining the required permit shall immediately cease construction and shall not recommence construction until such time as said person, persons, or legal entity has first obtained the required permit and paid a fee of $50.00 for said building permit. Any person or persons whose initial permit expires shall immediately cease construction and shall not recommence construction until such time as said person, persons, or legal entity has first obtained a new permit and paid a fee of $15.00 for new construction and $10.00 for all other construction for said building permit. The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.

SECTION 3. This ordinance shall take effect and be in force from and after its publication in the official newspaper for the City of New Strawn.

Passed by the City Council and approved by the Mayor of the City of New Strawn,

Kansas, on this 12th day of November, 2015.

Mark Petterson, Mayor

ATTEST:

Janell K. Templeton, City Clerk

APPROVED AS TO FORM

Denise McNabb, City Attorney

 

ARTICLE 2. BUILDING CODE (Ord. 2014-01)

4–201. DEFINITIONS.

As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

(a) Whenever the word municipality is used in the building code, it shall

be held to mean the City of New Strawn, Kansas;

(b) Whenever the term corporation counsel is used in the building code, it shall be held to mean the city attorney of the City of New Strawn.

(c) Whenever the term building official is used in the building code, it shall be held to mean the person so designated by the governing body or his or her authorized designee.

4–202. INTERNATIONAL BUILDING CODE INCORPORATED.

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the

International Building Code, 2012 Edition, as recommended by the international Conference of Building Officials, such code being made as a part of the

ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012. including any amendments thereto, One copy of the International Building Code, 2012 Edition, shall be marked or stamped “Official Copy as incorporated by the Code of the City of New Strawn,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

4–203. ADDITIONAL PROVISIONS.

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202.

4-204. BUILDING OFFICIAL; POWERS; DUTIES.

(a) This and other articles of the city relating generally to building and structures shall be administered and enforced by the building official. The building official may assume the responsibilities of or with the consent and approval of the governing body appoint such other assistants as may be advisable for the issuance of building permits.

(b) The building official shall prepare such application, permit, and record forms as may be required for the purposes of the article. , The building official may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for building permits and the issuing of building permits.

4-205. CLARIFICATION: MODIFICATION.

(a) The governing body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.

(b) The governing body shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the governing body shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the governing body thereon shall be entered upon the records and a signed copy shall be furnished to the applicant.

4–206. BUILDING PERMIT REQUIRED; APPLICATION; APPROVAL

It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected or which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefore from the city clerk, after approval by the building official or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.

4-207. SAME, APPLICATION INFORMATION REQUIRED.

(a) A building permit

shall be issued upon an application in writing to the office of city clerk on a form

or forms provided for the purpose. This application shall, among other things, disclose the following:

(1) The name of the owner of the lot or tract of ground;

(2) The location of the building or structure;

(3) The building work proposed;

(4) The outside dimensions of the building by floors and dimensions of

the basement (if any);

(5) The class of occupancy;

(6) The class of construction;

(7) The kind of materials to be used for walls, floors, ceilings, roofs, and

foundations;

(8) The estimated cost of the work;

(9) The date work will commence;

(10) Expected date of completion;

(11) Name and address of contractor or contractors doing the work;

(12) Such other information as may be pertinent to the issuance of the required permit.

(b) An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor.

(c) Upon approval of the completed application and a determination that a permit should be issued, the building official or his or her assistant shall issue a permit to the owner or contractor authorizing the building work covered by the application.

(d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.

4–208. SAME, PLANS AND SPECIFICATIONS.

Whenever an application for a building permit is made, the building official may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete architectural and engineering plans and – specifications for such building, or any part thereof, as may be necessary for the inspector to determine compliance with this article, The filing of such plans and Specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit.

4-209. SAME, FEES.

The fee for a building permit shall be $15.00 for new construction and $10.00 for all other construction. Any person or persons who begin construction without first obtaining the required permit shall immediately cease construction and shall not recommence construction until such time as said person, persons, or legal entity has first obtained the required permit and paid a fee of $50.00 for said building permit. The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.

4-210. SAME, POSTING.

A copy of the building permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same.

4-211. LAYOUT OF BUILDING; FOUNDATIONS AND FOOTINGS; NOTICE TO BUILDING OFFICIAL.

(a) The contractor or builder having a permit for new constructions, or additions to existing buildings, shall notify the building official immediately upon the marking or laying out of the site and foundation for such work. The building official shall inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations. In case of doubt respecting the required location, the building official may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.

(b) Upon completion of the excavation for the building foundation and footings and the construction of the necessary forms thereof and before the foundation and footings are poured or laid, the building official shall be notified as in the first case, and it shall be his or her duty to inspect all such work for conformity with laws respecting location of the building foundations and footings.

4–212. BUILDER OR BUILDING CONTRACTOR DEFINED.

(a) A builder or building contractor for purposes of this article shall be any person, firm, copartnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(1) Who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than wages, to build, construct, alter, repair, add to, wreck or move any building or structure (or 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; or

(2) Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or

(3) Who or which builds, constructs, alters, adds to or wrecks any buildings or structures either on his or her own or other property for purposes of sale or speculation.

(b) A builder or building contractor as defined shall not mean or include:

(1) Any subcontractor working under the supervision of a general contractor; or h –

(2) Any plumbers, gas fitters, electricians, or other specialized occupation for which special licenses or bonds are required by other city laws; or

(3) Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving the Structural parts of the building for which a permit is not required or on which a contractor, as defined, is not required, employed or engaged to perform; or

(4) Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the building official as to his or her ability to perform such work, secure a permit, pay required fees and do work in accordance with this article. Personal building construction by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city;

(5) Any person engaged in construction work not involving a total cost of greater than $1,000, exclusive of labor, –

4-213. BUILDER’S OR BUILDING CONTRACTOR’S LICENSE REQUIRED; BUILDING PERMITS; UNLAWFUL ACTS.

(a) Each builder or building contractor shall before entering upon any building or construction work subject to regulation by city laws, apply to the city clerk for a builder’s or building contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a builder or building contractor in the city.

(b) No permit for any building or construction work shall be issued for any such work to be performed by a builder or building contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.

(c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of builder or building contractor herein, or to perform any work as a builder or building contractor or any work under a contract for any work involving the construction, wrecking or moving of any building, without first having obtained a builder’s or building contractor’s license issued by the city.

4-214.  SAME, APPLICATION; GRANTING.

Application for a builder’s or building contractor’s license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in (as general Contracting, roofing, siding, masonry, plastering, lathing, excavating, waterproofing, metal work, foundation work, sign hanging, cement work and painting and paper hanging, house wrecking or moving and the like), the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the builder or building contractor or his or her authorized agent. The applications shall be, by the building official, referred to the governing body at its next meeting for action thereon. Such license shall be issued by the city clerk, upon payment of the fees hereinafter provided after approval of the governing body.

4-215. SAME, LICENSE FEES, CONDITIONS: RENEWAL; UNLAWFUL ACTS.

(a) The following license fees shall be paid for the calendar year or major fraction thereof:

(1) General Builder or Building Contractor, who shall qualify to engage in more than one kind of contract work, except. house moving, the sum of $25;

(2) Limited Builder or Building Contractor, who shall qualify to engage in not more than one kind of contract work, the sum of $25;

(3) House Wreckers or Movers, the sum of $25;

(4) Sign Hangers and Panel Posters, the sum of $25.

Any license issued on or after July 1 of each year shall be issued upon payment of one-half the annual license fee.

(b) Each such license shall set forth the kind of contract work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable annually as in the case of an original license on or before the first day of January of the year for which issued.

(c) it shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts.

4–216. BUILDER’S OR BUILDING CONTRACTOR’S BOND REQUIRED; CONDITIONS: APPROVAL; RIGHTS RESERVED.

(a) Before any license shall be issued, to any builder or building contractor required by this article to obtain a license and pay a fee to the city, the builder or building contractor shall secure and file with the city clerk a good and sufficient corporate surety bond in the principal sum of $.25,000 conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property, or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any materials stored, placed or used in any such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation ficensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and shall be executed by an agent of the company residing in the County of Coffey, Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days’ notice of such fact to the city clerk. Each such bond shall be approved as to form by the city attorney and approved as to surety by the city clerk and the approval thereof shall be endorsed on the bond by the city attorney and by the Mayor over their signatures,

(b) Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover a period of not to exceed two years. No bond shall be renewed by an extension certificate but a new bond shall be filed by the principal for each successive period following the renewal thereof. The city reserves the right to furnish the form of all surety bonds as may be required by this article.

4–217. INSURANCE.

In addition to obtaining a corporate surety bond as required by section 4-216 of this article, a builder or building contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A builder or building contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by the article and that such insurer will not change the policy except upon giving 30 days’ notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

4-218. LICENSE SUSPENSION; REVOCATION; APPEAL; UNLAWFUL ACTS.

(a) The license of any builder or building contractor 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 builder or building contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such builder or building contractor involving any one or more of the following:

(1) Misrepresentation of a material fact by applicant in obtaining a license;

(2) Use of license to obtain a building permit for another;

(3) Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;

(4) Performance of any building or construction work without a permit where one is required by law; or

(5) Willful disregard of any violation of the building and construction laws, or failure to comply with any lawful order of the city building official.

(b) 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 builder or building 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.

(c) It shall be unlawful to engage in the occupation or trade of builder or building contractor during the time any license of such builder or building contractor has been suspended or revoked. (Code 2012)

4–219. WORK BY PROPERTY OWNERS.

Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building official as to his or her ability to perform such work, secure a permit, pay required fees and do work in accordance with this article. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.

4-220. LIABILITY.

This article shall not be construed to relieve from any liability or lessen the fiability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any permit or license granted herein.

4-221. SEVERABILITY.

If any section of the International Building Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.

4-222. PENALTY.

Any person, firm or corporation who constructs any building or does any work of remodeling, relocating, or equipping such building without first having obtained a permit as required by this article shall be punished as provided in Section 1-116 of this code.

ORDINANCE NO. 2016–03

AN ORDINANCE AMENDING CHAPTER IV, ARTICLE 3 OF THE CODE OF THE CITY OF NEW STRAWN, KANSAS REGARDING ELECTRICAL CODE IN THE CITY OF NEW STRAWN, KANSAS

BE IT ORDAlNED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, #KANSAS:

SECTION 1. That Section 4-302, Chapter IV, Article 3 is hereby amended to read as follows:

SAME, FEES; BOND REQUIRED. The fee for an electrical permit shall be $25. Before any license shall be issued to any electrician or electrical Contractor required by this article to obtain a license and pay a fee to the city, the electrician or electrical contractor shall secure and file with the city clerk a good and sufficient corporate surety bond as set by resolution of the governing body, conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any material stored, placed or used in such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and shall be executed by an agent of the company residing in the County of Coffey, Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days notice of such fact to the city clerk. Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover the period of not to exceed two year. No bond shall be renewed by an extension certificate but a new bond shall be filed by the principal for each successive period following the renewal thereof. The city reserves the right to furnish the forms of all surety bonds as may be required by this article.

SECTION 2. That Section 4-303, Chapter IV, Article 3 is hereby amended to read as follows:

INSURANCE. In addition to obtaining a corporate surety bond as required by this article, an electrician or electrical contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by an insurance company authorized to do business in the State of Kansas. An electrician or electrical contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

SECTION 3. This ordinance shall take effect and be in force from and after its publication in the official newspaper for the City of New Strawn.

Passed by the City Council and approved by the Mayor of the City of New Strawn,

Kansas, on this 11th day of February, 2016.

Mark Petterson, Mayor

ATTEST:

Janell K. Templeton, City Clerk

APPROVED AS TO FORM

Denise McNabb, City Attorney

RESOLUTION N.O. 92

OF THE CITY OF

NEW STRAWN, KANSAS

WHEREAS, Section 4–302 of Chapter IV, Article 3 of the Code of the City of New Strawn, Kansas provides that the City may set an amount sufficient for a surety bond to be obtained by an electrician or electrical contractor in order to obtain a permit from the City.

WHEREAS, the Governing Body of the City of New Strawn desires to set such surety bond amount at $5,000.00.

NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS, AS FOLLOWS:

  1. RESOLVED, that the City hereby sets the surety bond amount required in order for a plumber or plumbing contractor to obtain a permit from the City at $5,000.00.

ADOPTED by the Mayor and City Council on February 11, 2016.

Mark Petterson, Mayor

ATTEST:

Janell K. Templeton, City Clerk

APPROVED AS TO FORM

Denise McNabb, City Attorney

ARTICLE 3. ELECTRICAL CODE

4-301. ELECTRICIAN OR ELECTRICAL CONTRACTORS DEFINED.

(a) An electrician or electrical contractor for purposes of this article shall be any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(1) Who or which undertakes with or for another, for a fixed sum, price, fee or any other compensation to install, construct, alter, repair, add to, or move any electrical installation or performs any electrical construction work in the city, for which an electrical construction permit may now or hereafter be required by the laws of the city; or

(2) Who or which advertises or represents himself, herself, or itself to the . public to have the capacity or ability to undertake, or submit a bid or offer to install, construct, aster, repair, add to, remove, restore or replace any electrical installation or perform any electrical construction work; or

(3) Who or which installs, constructs, alters, adds to or removes any electrical installation or performs any electrical construction work either on his or her own or other property for purposes of sale or speculation.

(b) An electrician or electrical contractor as defined shall not mean or include: .

(1) Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving electrical construction and for which a permit is not required or on which an electrician of electrical contractor, as defined, is not required, employed or engaged to perform. (Code 2012)

4–302. ELECTRICIAN’S OR ELECTRICAL CONTRACTOR’S LICENSE REQUIRED; ELECTRICAL PERMITS; UNLAWFUL ACTS.

(a) Each electrician or electrical contractor shall before entering upon any electrical construction work, apply to the city clerk for an electrician’s or electrical contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of electrician or electrical contractor in the city. To obtain such license, the contractor shall show proof of insurance or bond as required by the city and pay a license fee of $25.

(b) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of an electrician or electrical contractor herein, or to perform any work as an electrician or electrical contractor or any work under a contract for any work involving electrical construction, without first having obtained an electrician’s or electrical contractor’s license issued by the city. (Code 2012)

4–303. INSURANCE AND OR BOND.

In lieu of a surety bond in an amount set by the city, an electrician or electrical contractor may procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. An electrician or electrical contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year. (Code 2012)

4–304. WORK BY PROPERTY OWNERS.

Nothing herein contained shall prohibit any property owner from personally performing any electrical construction or installing electrical wiring or equipment within and upon his or her own residence and intended for his or her personal use and permanent occupancy. Personal electrical construction or installation performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except an electrician or electrical contractor licensed by the city. (Code 2012)

ORDINANCE NO. 2016–02

AN ORDINANCE AMENDING CHAPTER IV, ARTICLE 4 OF THE CODE OF THE CITY OF NEW STRAWN, KANSAS REGARDING PLUMBING AND GAS-FITTING IN THE CITY OF NEW STRAWN, KANSAS

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS:

SECTION 1. That the second section designated as Section 4-403, Chapter IV, Article 4 is hereby renumbered as Section 4-404 of Chapter IV, Article 4, and is amended to read as follows:

SAME, FEES; BOND REQUIRED. The fee for a plumbing permit shall be $25. Before any license shall be issued to any plumber or plumbing contractor require by this article to obtain a license and pay a fee to the city, the plumber or plumbing contractor shall secure and file with the city clerk a good and sufficient corporate surety bond as set by resolution of the governing body, Conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any material stored, placed or used in such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and shall be executed by an agent of the company residing in the County of Coffey, Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days notice of such fact to the city clerk. Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover the period of not to exceed two year. No bond shall be renewed by an extension certificate but a new bond shall be filed by the principal for each successive period following the renewal thereof. The city reserves the right to furnish the forms of all surety bonds as may be required by this article.

SECTION 2. That Section 4-404 of Chapter IV, Article 4 is hereby renumbered as Section 4-405 of Chapter IV, Article 4.

SECTION 3. That Section 4-405, Chapter IV, Article 4 is hereby renumbered as Section 4-406 of Chapter IV, Article 4, and is hereby amended to read as follows:

In addition to obtaining a corporate surety bond as required by this article, a plumber or plumbing contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by an insurance company authorized to do business in the State of Kansas. A plumber or plumbing contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city, and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

SECTION 4. This ordinance shall take effect and be in force from and after its publication in the official newspaper for the City of New Strawn.

Passed by the City Council and approved by the Mayor of the City of New Strawn,

Kansas, on this 14th day of January, 2016.

Mark Petterson, Mayor

ATTEST:

Janell K. Templeton, City Clerk

APPROVED AS TO FORM

Denise McNabb, City Attorney

RESOLUTION N.O. 91

OF THE CITY OF

NEW STRAWN, KANSAS

WHEREAS, Section 4-404 of Chapter IV, Article 4 of the Code of the City of New Strawn, Kansas provides that the City may set an amount sufficient for a surety bond to be obtained by a plumber or plumbing contractor in order to obtain a permit from the City.

WHEREAS, the Governing Body of the City of New Strawn desires to set such surety bond amount at $ 5,000 .

NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS, AS FOLLOWS:

  1. RESOLVED, that the City hereby sets the surety bond amount required in order for a plumber or plumbing contractor to obtain a permit from the City at $ 5, QCO .

ADOPTED by the Mayor and City Council on January 14, 2016.

Mark Petterson, Mayor

ATTEST:

Janell K. Templeton, City Clerk

APPROVED AS TO FORM

Denise McNabb, City Attorney

ARTICLE 4. PLUMBING AND GAS-FITTING CODE

4-401. DEFINITION OF PLUMBING.

The term plumbing as used in this article shall be construed to mean the installation of gas or water pipes, fixtures, apparatus and the necessary connections either for supplying gas or water to premises or for the removing of liquid and water-borne wastes from premises in the city, or both such purposes, and shall also denote installed fixtures, drainage and vent systems and gas or water distribution systems as the case may be. (Code 2012)

4-402. PLUMBER OR PLUMBING CONTRACTOR; DEFINED.

(a) A plumber or plumbing contractor shall mean:

(1) Any person engaged in the business of installing, altering, maintaining, or repairing plumbing, which shall include all materials and plumbing fixtures, water pipes, portable water treatment equipment, traps, drainage and vent piping, and building drains, including their respective points, connections, devices, receptacles and appurtenances located within the property lines of any premises or in any building.

(2) Any gas fitter or person engaged in the business of installing, altering, or repairing fuel gas piping, gas systems or fixtures,

(b) A plumber or plumbing contractor as defined in subsection (a) of this section shall not mean or include the owner of a residence who personally installs plumbing piping or equipment within and upon his or her own residence and intended for his or her own personal use and permanent occupancy. Personal installation by an owner under this section shall be himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a plumber or plumbing contractor licensed by the city. (Code 2012)

4–403. PLUMBING PERMIT REQUIRED, EXCEPTION.

(a) It shall be unlawful to install, alter or reconstruct any plumbing or plumbing system, as defined by the plumbing code and section 4-401, in any building in the city without first making application to and receiving a permit therefor from the city clerk. The application for such permit shall be made and the permit obtained before any plumbing work is commenced.

(b) No permit shall be required for making minor repairs of any plumbing including repair of leaks in water pipes, traps or cocks, opening up stoppage in waste or supply pipes, traps or drains, replacing fixtures when waste pipes are not disturbed, or replacing frozen pipes inside the building, and like repair work not involving original installation or reconstruction. (Code 2012)

4–403. SAME, FEES; BOND.

The fee for a plumbing permit shall be $25. In lieu of the insurance requirement set forth in section 4-405, the city may require that the Contractor obtain a surety bond in a sufficient amount as set by the city. (Code 2012)

4-404. PLUMBER’S OR PLUMBING CONTRACTOR’S LICENSE REQUIRED, PLUMBING PERMITS; UNLAWFUL ACTS.

(a) Each plumber or plumbing contractor shall before entering upon any plumbing work subject to regulation by city laws, apply to the city clerk for a plumber’s or plumbing contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a plumber or plumbing contractor in the city.

(b) No permit for any plumbing work shall be issued for any such work to be performed by a plumber or plumbing contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.

(c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of a plumber or plumbing contractor herein, or to perform any work as a plumber or plumbing contractor or any work under a contract for any work involving plumbing construction, without first having obtained a plumber’s or plumbing contractor’s license issued by the city. (Code 2012)

4-405. INSURANCE.

In addition to obtaining a corporate surety bond as required by section 4-425 of this article, a plumber or plumbing contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A plumber or plumbing contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year. (Code 2012)

ARTICLE 6. DANGEROUS AND UNFIT STRUCTURES

4–601. PURPOSE. The governing body has found that there exist within the corporate limits of the city structures which are unfit for human use or habitation because of dilapidation, defects increasing the hazards of fire or accidents, structural defects or other conditions which render such structures unsafe, unsanitary or otherwise inimical to the general welfare of the city, or conditions which provide a general blight upon the neighborhood or surrounding properties. It is hereby deemed necessary by the governing body to require or cause the repair, closing or demolition or removal of such structures as provided in this article. (K.S.A. 12-1751; Code 2012)

4–602. DEFINITIONS.

For the purpose of this article, the following words and terms shall have the following meanings:

(a) Enforcing officer – means the city superintendent or his or her authorized representative.

(b) Structure – shall include any building, wall, superstructure or other structure which requires location on the ground, or is attached to something having a location on the ground. (K.S.A. 12-1750; Code 2012)

4–603. ENFORCING OFFICER; DUTIES.

The enforcing officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this article, including the following:

(a) Inspect any 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. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure. If entry is denied, the enforcing 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;

(d) Receive petitions as provided in this article. (Code 2012)

4–604. PROCEDURE; PETITION.

Whenever a petition is filed with the enforcing officer by at least five residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the enforcing officer on his or her own motion that any structure is dangerous, unsafe or unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, report such findings to the governing body. (Code 2012)

4-605. SAME, NOTICE.

The governing body upon receiving a report as provided in section 4-604 shall by resolution fix a time and place at which the owner, the owner’s agent, any lienholder of records and any occupant of the structure may appear and show cause why the structure should not be condemned and ordered repaired or demolished. (K.S.A. 12–1752; Code 2012)

4–606. SAME, PUBLICATION.

(a) The 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 the resolution shall be mailed by certified mail within three days after its first publication to each owner, agent, lienholder and occupant at the last known place of residence and shall be marked “deliver to addressee only.” (K.S.A. 12-1752; Code 2012)

4–607. SAME; HEARING, ORDER.

If, after notice and hearing, the governing body determines that the structure under consideration is dangerous, unsafe or unfit for human use or habitation, it shall state in writing its findings of fact in support of such determination and shall cause the resolution to be published once in the official city newspaper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice of hearing. 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 2012)

4–608. DUTY OF OWNER.

Whenever any structure within the city shall be found to be dangerous, unsafe or unfit for human use or habitation, it shall be the duty and obligation of the owner of the property to render the same secure and safe or to remove the same. (Code 2012)

4–609. SAME, FAILURE TO COMPLY.

(a) If, within the time specified in the order, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the enforcing officer may cause the structure to be repaired, altered, improved, or to be vacated and closed.

(b) If, within the time specified in the order, the owner fails to comply with the order to remove or demolish the structure, the enforcing officer may cause the structure to be removed and demolished. (Code 2012)

4–610. SAME; 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 the premises in a safe condition. If the owner fails to take such action, the enforcing officer may proceed to make the site safe. (Code 2012)

4–611. ASSESSMENT OF COSTS.

(a) The cost to the city of any repairs, alterations, improvements, vacating, removal or demolition by the enforcing officer, including making the site safe, shall be reported to the city clerk.

(b) The city shall give notice to the owner of the structure by restricted mail of the cost of removing the structure and making the premises safe and secure. The notice shall also state that payment of the cost is due and payable within 30 days following receipt of the notice.

(c) if the costs remain unpaid after 30 days following receipt of notice, the city clerk may sell any salvage from the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing the structure and making the site safe. Any proceeds in excess of that required to recover the costs shall be paid to the owner of the premises upon which the structure was located.

(d) If the proceeds of the sale of salvage or from the proceeds of any insurance policy in which the city has created a lien pursuant to K.S.A. 40–3901, et seq., and amendments thereto, are insufficient to recover the above stated costs, or if there is no salvage, the balance shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments against the lot or parcel of land on which the structure was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs to the county clerk and who shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.

(e) If there is no salvage material, or if the moneys received from the sale of salvage or from the proceeds of any insurance policy in which the city has created a lien pursuant to K.S.A. 40–3901, et seq., and amendments thereto, are insufficient to pay the costs of the work and the costs of providing notice, such costs or any portion thereof in excess of that received from the sale of salvage or any insurance proceeds may be financed, until the costs are paid, out of the general fund or by the issuance of no-fund warrants. (K.S.A. 12-1755; Code 2012)

4–612. IMMEDIATE HAZARD.

When in the opinion of the governing body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the governing body may direct the enforcing officer to erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay. Such action may be taken without prior notice to or hearing of the owners, agents, lien holders and occupants. The cost of any action under this section shall be assessed against the property as provided in section 4–611. (K.S.A. 12-1756; Code 2012)

4–613. APPEALS FROM ORDER.

Any person affected by an order issued by the governing body under this article may, within 30 days following service of the order, petition the district court of the county in which the structure is located for an injunction restraining the enforcing officer from carrying out the provisions of the order pending final disposition of the case. (Code 2012)

4-614. SCOPE OF ARTICLE.

Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. Nothing in this article shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise or to exercise those powers granted specifically by K.S.A. 12-1750:1756. (Code 2012)

ARTICLE 7. SWIMMING POOLS

4–701. INSTALLATION, MAINTENANCE.

It shall be unlawful for any person to construct, install, enlarge or maintain any outdoor swimming pool, as hereinafter defined, except in accordance with the provisions of this article. (Ord. 89-1)

4–702. SWIMMING POOL DEFINED.

For the purposes of this article, “swimming pool” shall mean any privately owned receptacle or container for water, either temporary or permanent, or an artificial pool of water, either temporary or permanent, having a depth at any point of more than three feet and which is intended primarily for the purpose of swimming, bathing or wading. (Ord. 89-1)

4–703. BUILDING PERMIT REQUIRED.

Any person desiring to build or erect a swimming pool within the city shall first obtain a building permit for the construction or erection thereof prior to commencement of construction or use. (Ord. 89-1)

4–704. ENCLOSURES, FENCES REQUIRED.

Every swimming pool shall be enclosed prior to filling the pool with water, with a fence or wall or any combination thereof not less than sixty (60) inches in height above the grade of the land immediately adjacent to and outside of the required fence and/or wall. All ladders or steps permitting passage through or over such fence or wall shall be equipped with a gate or such other device as to prohibit inadvertent or unauthorized entry. All gates shall be equipped with self-closing devices for keeping gates closed or latched at all times or be locked closed with a locking device operated by key or combination to unlock. Such fences or wall shall contain no openings, holes or gaps that would allow the passage of a sphere six (6) inches in diameter. The enclosure around single-family residential pools may be around the perimeter of the pool or the whole perimeter of the property or any part thereof. Enclosures around any other pool shall be around the pool area, which shall include the pool and the deck. (Ord. 2005-9)

4–705. SAFETY EQUIPMENT.

All swimming pools having a depth of more than three (3) feet shall be equipped with not less than one lightweight reaching pole not less than 12 feet in length, and not less than one life ring not less than 15 inches in diameter attached with a line or rope equal to at least the width of the pool. Such safety equipment shall be kept in a conspicuous place available to persons in the pool area. (Ord. 89-1)

4–706. PLUMBING, ELECTRICAL CONNECTION AND EQUIPMENT.

All plumbing and electrical equipment installed with, or as a function of, any swimming pool shall comply with all appropriate articles of this code. (Ord. 89-1)

4-707. EXISTING POOLS, COMPLIANCE. All swimming pools existing at the adoption of Ordinance 89-1Were required to comply with the provisions of this article on or before September 1, 1989. (Ord. 89-1)

4–708. PUBLIC NUISANCE DECLARED. No swimming pool shall be so operated or maintained as to create a nuisance, an eyesore, or otherwise to result in substantial adverse effect on neighboring property, or to be in any other way detrimental to public health, safety and welfare. It will be presumed that any swimming pool not in compliance with this article shall be deemed a public nuisance. (Ord. 89-1)

4–709. APPEALS. Any person affected by the application of the provisions of this article may file an appeal to the city council by filing a request for appeal in writing to the city clerk and specifying the exact provisions by which they are aggrieved and any proposed alternative methods for compliance they may propose. In considering such appeal, the city council may determine whether or not acceptable alternative means of preventing inadvertent or unauthorized access to said swimming pool will be provided. (Ord. 89-1)

4–710. PENALTY. Any person violating any of the provisions of this article shall, upon conviction by guilty of a Class C violation. (Ord. 89-1)

ΤΑΒLΕ ΟF CΟΝΤΕΝΤS

CHAPTER I. ADMINISTRATION

CHAPTER II. ANIMAL CONTROL AND REGULATION

CΗΑΡΤΕR III. BEVERAGES

CΗΑΡΤΕR IV. BUILDINGS AND CONSTRUCTION

CΗΑΡΤΕR V. BUSINESS REGULATIONS

CHAPTER VI. ELECTIONS

CΗΑΡΤΕR VII. FIRE

CΗΑΡΤΕR VIII. HEALTH AND WELFARE

CΗΑΡΤΕR IX. MUNICIPAL COURT

CΗΑΡΤΕR X. POLICE (RESERVED)

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CΗΑΡΤΕR XI. PUBLIC OFFENSES

CΗΑΡΤΕR XII. PUBLIC PROPERTY

CΗΑΡΤΕR XIII. STREETS AND SIDEWALKS

CΗΑΡΤΕR XIV. TRAFFIC

CΗΑΡΤΕR XV. UTILITIES

CΗΑΡΤΕR XVI. ZONING AND PLANNING

APPENDIX A. CHARTER ORDINANCES

APPENDIX B. FRANCHISES