Author: Jamie

CITY OF MOORLAND DEPARTMENT OF BUILDING INSPECTION RULES AND REGULATIONS

RULES AND REGULATIONS OF THE DEPARTMENT OF BUILDING INSPECTION OF THE CITY OF MOORLAND, KENTUCKY AS PROMULGATED BY THE CHIEF BUILDING INSPECTOR AND ADOPTED BY THE CITY COUNCIL PURSUANT TO THE AUTHORITY GRANTED IT UNDER ORDINANCE NO. 1 SERIES 1984

The City Council of the City of Moorland, Kentucky, does adopt the following Rules and Regulations of the Department of Building Inspection.

SECTION 1. MINIMUM HOUSING STANDARDS.

A. KITCHEN AND BATHROOM EQUIPMENT AND FACILITIES. No person shall occupy as an owner-occupant or shall let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for kitchen and bathroom equipment facilities:

1. Kitchen Sink. Every dwelling unit shall contain within its walls a kitchen sink in good working condition.
2. Cooking Equipment. Every piece of cooking equipment which is supplied or used by an owner, operator or occupant shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition. Portable cooking equipment employing flame and cooking equipment using gasoline or kerosene as fuel for cooking are prohibited; provided, however, that this sub-section shall not apply to fondue dishes, chafing dishes or other similar portable cooking equipment.
3. Bathroom Facilities. a.) Every dwelling unit shall contain within its walls a room separate from the habitable rooms, which shall afford privacy to any occupant thereof and which shall be equipped with a flushing water toilet and a lavatory basin in good working condition.

b.) Every dwelling unit shall contain within its walls a room, separate from the habitable rooms which shall afford privacy to any occupant thereof and which shall be equipped with a bathtub or shower in good working condition. Such a room may be the same as required by sub-section 3(A) above.

4. Water, Hot, Water and Seller Connections.

Every kitchen sink, lavatory basin and bathtub or shower required by this section shall be properly connected with and supplied by both hot and cold-water lines. The hot water lines shall be connected with supplied water-heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of hot water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower even when the heating facilities required by these rules and regulations are not in operation. All plumbing fixtures required by these rules and regulations shall be properly connected to an approved water system and to au approved sewerage system. All water and sewer connections required by this sub-section shall conform to all applicable requirements by these rules and regulations.

5. Maintenance. All equipment, facilities and connecting plumbing required by this section shall be maintained in a good, safe, sanitary and workable condition.

B. HEAT AND HEATING EQUIPMENT. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for heat and heating equipment.

1. Heating Equipment and Capacity. Every dwelling unit shall have heating equipment which conforms to all applicable provisions of rules and regulations and which is capable of safely and adequately maintaining an average temperature of 70 degrees Fahrenheit in all habitable rooms, bathrooms and water closet compartments when the outdoor temp­erature is -10 degrees Fahrenheit without forcing the equipment to operate in excess of its design and capacity. Appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame, and the use of gasoline or kerosene or any liquid petroleum gas as a fuel does not meet the requirements of this section and is prohibited as a primary heating source.
2. Supply of Heat. The owner or operator of any dwelling or dwelling unit who lets such dwelling or dwelling unit under an agreement, express or implied, to supply heat to the occupants thereof shall supply, without such undue restrictions of ventilation as to interfere with proper sanitary conditions, to provide a minimum temperature in all habitable rooms, bathrooms and water closet compartments of 68 degrees Fahrenheit from 6:30 AM to 10:30 PM and a minimum temperature of 65 degrees Fahrenheit at all other times. Such temperatures shall be averaged throughout the dwelling or dwelling unit.
3. Written Notice Required. Written notice of any complaint concerning lack of heat in such dwelling unit shall first be given to the owner or operator by Certified Mail, return receipt requested, before violation of this section shall be deemed to exist.
4. Causes Beyond Control of Owner or Operator. Failure to furnish the heat required by this section shall not constitute an offense when it is due to a breakdown of the heating plant (unless such breakdown has been caused by a violation of these rules and regulations), nor where it is due to strikes, to a general shortage of fuel, to any act of the occupant who makes the complaint, or to any cause beyond the owner’s or operator’s control.
5. Determination of Average Temperature. To determine if a violation of this section has occurred, the Chief Building Inspector shall cause temperature readings to be made by a means of a standard Fahrenheit thermometer in not less than two rooms, or if the unit consists of only one room at or near the extremes as practicable, such thermometer to be placed at a point not less than four feet nor more than six feet away from any door window and three feet above the floor.
6. Maintenance. All equipment and facilities and connecting fuel lines required by this section shall be maintained in a good, safe and workable condition.

C. ELECTRICAL FACILITIES. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, which does not comply with the following minimum standards for electrical facilities:

1 Electrical Service, Convenience Outlets and Fixtures. Every dwelling’, dwelling unit and habitable room shall be supplied with electrical service, convenience outlets and fixtures in accordance with applicable requirements of these rules and regulations.

2 Maintenance. All outlets, fixtures and connecting electrical lines required by this section shall be maintained in a good, safe and workable condition.

D. LIGHT AND VENTILATION. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, which does not comply with the following minimum standards for light and ventilation:

1. General Standards. Every dwelling, dwelling unit and habitable room shall be supplied with light and ventilation in accordance with all applicable provisions of these rules and regulations.
2. Maintenance. All facilities and equipment required by this section for natural, artificial or mechanical lighting or ventilation shall be maintained in good, safe and workable condition.

E. MEANS OF ACCESS AND EGRESS. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following minimum standards for access and egress.

1. General Standards. Every dwelling and dwelling unit shall be supplied with the means of access and egress in accordance with the requirements of these rules and regulations.
2. Maintenance and Obstructions. All means of access and egress required by this section shall be maintained so as to provide safe and convenient access to an egress from the dwelling or dwelling unit which they serve and shall be kept free from any obstruction of any nature whatsoever.

F. GARBAGE AND RUBBISH DISPOSAL FACILITIES. No person shall occupy as an owner-occupant to let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for garbage and rubbish disposal facilities:

1. Facilities to be Supplied. Every dwelling and dwelling unit shall be supplied with facilities for the temporary storage and disposal of garbage and rubbish as required by these rules and regulations.
2. Maintenance. The facilities required by sub-section (1) above shall be maintained in a good, non-leakable condition, capable of being tightly sealed, and as clean as possible.
3. Disposal and Storage of Garbage and Rubbish. The disposal and storage of garbage and rubbish shall be in accordance with all applicable provisions of these rules and regulations and all premises shall be kept free from any debris, object, material or condition which may create a health, accident or fire hazard, or which is a public nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood

G. PROTECTION FROM INSECTS, RODENTS AND PESTS. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for the protection from insects, rodents and pests.

1. Conditions Conducive to Infestation. Every dwelling, dwelling unit and its premises shall be maintained free of conditions conducive to the breeding of or infestation by· rodents, insects or pests.

H. GENERAL MAINTENANCE. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for general maintenance.

1. General.

a.) All dwellings and dwelling units and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be capable of performing the function for which they or any fixture thereof were designed or intended to be used.

b.) Every supplied facility, piece of equipment or utility which is required under these rules and regulations and every chimney and smoke pipe, shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition.

c.) No owner, operator or occupant shall cause any service facility, equipment or utility which is required under these rules and regulations to be removed or shut off from or discontinued from any occupied dwelling or dwelling unit let or occupied by him, except such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of the service is approved by the Chief Building Inspector.

2. Foundations, Exterior Walls and Roofs. Every foundation, exterior wall and roof of every dwelling and every accessory structure shall be substantially weather-eight, water-tight and rodent-proof shall be capable of affording privacy; shall be kept in sound condition and good repair; shall be kept free of all holes or breaks, and of loose or rotting boards, timbers, brick, stones and other structural material; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
3. Exterior Surfaces. All exterior surfaces of any dwelling or accessory structure shall be reasonably capable of withstanding the effects of the elements and decay. Any exterior sur­face which is deteriorated, decaying, dis­integrating, or which is weathered with dirt and grime or which has lost its capability to reasonably withstand the effects of the elements and decay through peeling or flaking of the paint or other protective coating, shall be repaired, repainted or resurfaced.
4. Exterior Repairs and Maintenance to Harmonize with Existing Exterior. Whenever repair, re­placement or maintenance of exterior walls or roofs is required to comply with subsections (2) and (3) hereof, such repair, replacement or maintenance shall be undertaken so as to match, conform and be consistent with the existing exterior, and shall comply with all applicable provisions of these rules and regulations and the Ordinances . of the City of Moorland.
5. Windows and Exterior Doors. Every window, window screen, exterior door, exterior door screen, and hatchway shall be substantially weather-tight, water-tight, wind-tight and rodent-proof; shall be equipped with all appropriated hardware; shall be capable of being easily opened unless designed to be fixed; and shall be kept in good repair.
6. Floors, Bathroom Floors. All floors shall be substantially rodent-proof; be free of holes, wide cracks, and loose, protruding, warped or rotting floor boards which might constitute a possible accident hazard. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. where such floor surfaces exist, they may be overlaid with carpeting designed and intended for use in bathrooms.
7. Interior Walls and Ceilings. Every interior wall and ceiling shall be substantially rodent­proof; shall be free of holes and large cracks and any flaking. peeling. loose or deteriorated paint, plaster, wall board, paneling or other material; and shall be safe to use and capable of supporting the 10ad which normal use may cause to be placed thereon. No lead base paint shall be applied to any interior wall or ceiling. Bathroom and kitchen walls shall have water-proof surfaces where necessary to prevent damage.
8. Stairways and Porches. Every inside and outside stairway and porch and every appurtenance thereto shall be maintained in a good state of repair and free from rotting, loose or deteriorating supports, rails, floors and stairs so as to be safe to use and capable of supporting the loads that normal use may cause to be placed thereon.
9. Accessory Structures. All garages, tool sheds and all other accessory structures shall be in good repair so as not to be unsafe or become a harborage for rats, other rodents and insects. Fences and roadside mailboxes shall be maintained in good repair, solid and in the same condition required for other exterior surfaces. Television antennae shall be firmly and securely fastened to the dwelling and shall be maintained in good repair.
10. Accumulation of Debris. The interior area of dwellings and dwelling units, including basements, attics and other storage areas, and the premises and accessory buildings associated therewith, shall be maintained free of any debris, object, material or condition which does or may create a hazard to the health or safety of any persons, is conducive to infestation, presents a fire hazard or constitutes a blighting or deteriorating influence on the neighborhood.
11. Vegetation. No premises shall contain uncon­trolled growths of vegetation and all trees, hedges and other planting shall be kept trimmed so as to avoid interference with persons or vehicles passing on public ways, easements or adjoining private property.

a.) Landscaping. All landscaping, including but not limited to, grass, trees, shrubbery, flowers and hedges are to be kept in a neat appearance and trimmed so as not to be a blight and deteriorating influence on the community as a whole. Lawns are to be mowed and trimmed. Grass is not to be allowed to grow greater than three (3″) inches in height without being mowed or trimmed.

12. Driveways and Walkways. Cement or asphalt driveways, walkways and parking areas shall be maintained free of loose or broken material and cracks shall be repaired as necessary to avoid safety hazards and accidents. Stone or dirt driveways, walkways and parking areas shall be maintained in forms designed to prevent the spread of stone and dirt to public ways, easements and adjoining property.
13. Gutters and Downspouts. All gutters and downspouts shall be securely and firmly fastened to the dwelling, shall be maintained free of debris which might prevent their proper functioning and shall not be allowed to dis­charge in the manner which might create unnecessary erosion.

I. RESPONSIBILITY.

1. RESPONSIBILITY OF OWNERS AND OPERATORS. Every owner or operator of a dwelling or dwelling unit shall:

a.) Compliance with Duties. Comply with all duties imposed on him by these rules and regulations and the Ordinances and the City of Moorland.

b.) Shared Areas and Facilities. Maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling and premises, including parkways, and maintain and repair any equipment or facilities which said owner or operator supplies or is required to supply pursuant to rules and regulations herein set out and the Ordinances of the City of Moorland.

c.) Extermination. Exterminate any insects, rodents or other pests in any dwelling unit if infestation is caused by the failure of the owner or operator to maintain the dwelling in a rodent-proof and reasonably insect-proof condition, and to exterminate such pests in the dwelling regardless of the cause of infestation.

d.) Garbage and Rubbish Disposal. Supply and maintain facilities for the temporary storage and disposal of garbage and rubbish and provide for the collection of garbage and rubbish from the premises.

2. RESPONSIBILITY OF OCCUPANTS. Every occupant of a dwelling shall:

a.) Compliance with Duties. Comply with all duties imposed on him by these rules and regulations and the Ordinances of the City of Moorland.

b.) Maintenance. Maintain in a clean and sanitary condition its dwelling, dwelling unit or premises which he occupies and controls.

c.) Supplied Facilities and Equipment. Keep all supplied facilities, including plumbing fixtures and cooking and refrigeration equipment, in a clean and sanitary condition and exercise reasonable care in their proper use and operation.

d.) Garbage and Rubbish Disposal. Dispose of all garbage and rubbish in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary. Every occupant shall provide such facilities for and within his dwelling unit and shall maintain them in a clean and sanitary manner.

e.) Extermination. Be responsible for the extermination of insects, rodents and pests in his dwelling except when the owner or operator is responsible under these rules and regulations and the Ordinances of the City of Moorland.

f.) Accumulation of Debris and Storage of Goods. Not place on the premises any material which causes a fire hazard, or otherwise endangers the life, health or safety of any occupant of such dwelling or constitutes a blighting or deteriorating influence on the premises or neighborhood , nor place in storage on the premises any furniture, equipment or material which harbors insects, rodents or other pests or is conducive to infestation.

J. TRANSFER OF RESPONSIBILITY. A contract effective as between owner and operator or operator ·and occupant or owner and occupant with the regard to compliance hereunder shall not relieve any party of his direct responsibility under these rules and regulations and the Ordinances of the City of Moorland.

K. VIOLATION. Any violation of these rules and regulations permits the Chief Building Inspector to perform any repair, replacement, clean-up, painting or any other remedial act necessary to bring the subject premises up to the standards set out in these rules and regulations and any other Ordinances of the City of Moorland. Such remedial acts or repairs are to be done at the cost to the owner of the property and will constitute a lien against the property.

L. NOTICE. Before any remedial act is performed by the Chief Building Inspector, he shall first give notice to the owner and occupant(s) of the property by registered or certified mail. Such notice shall set forth the violation and the remedial steps needed to be taken. Failure to take appropriate remedial steps within fourteen (14) days after receipt of such notice shall permit the Chief Building Inspector to cause such remedial measures to be taken by the Chief Building Inspector.

SUBMITTED FOR PASSAGE AND APPROVAL: May 1, 1984.

Barbara F. Gregory

Chief Building Inspector

Department of Building Inspection

City of Moorland

1010.1 ABANDONED AND JUNK VEHICLES

SECTION ONE: It shall be unlawful to park, store or leave or permit parking or storing of any licensed or unlicensed motor vehicle of any kind or part(s) thereof, for a period of time in excess of seventy-two hours, which is rusted, wrecked, junked, partially dismantled or inoperative, or in abandoned condition, whether attended or not, upon any private property within the city limits; except that this ordinance shall not apply to a vehicle in an enclosed building.

SECTION TWO: The accumulation and storage of one or more of such vehicles or part(s) thereof, as herein before defined, on private property shall constitute a nuisance, detrimental to the health, safety and welfare of the inhabitants of the City, and it shall be the duty of the owner of the private property, upon which such vehicle or part(s) thereof be located, to remove same from the city limits, or to have the same housed in a building where it will not be visible from the street.

SECTION THREE: It shall be the duty of the City of Moorland or its designate to give written notice to the registered owner of any motor vehicle or part(s) thereof which is in violation of this ordinance as described above, or to give such notice to the owner or lessee of private land upon which said motor vehicle or part(s) thereof is situated, such notice to state that said vehicle or part{s) thereof violates this ordinance, and demanding that said motor vehicle of part{s) thereof be removed from the property within seventy-two hours (72), or that within seventy-two (72) hours same may be housed in a building where it will not be visible from the street. Said notice may be given by personal service, or by certified mail, with a return receipt requested.

SECTION FOUR: Written notice required by this section shall be deemed to have been given; i.e. constructive notice when the registered owner of the motor vehicle or part(s) thereof, or the owner, lessee or other person in possession of private property concerned herein either (a) refuses to accept the prepaid United States mail certified letter from the City and the same is returned from the Post Office marked “Refused”, or (b) the said person to be notified is present within the City but the notification letter is returned marked “Unclaimed” by the Post Office, in which event the notice by the City may be made by affixing the letter in a conspicuous place at the main entrance or to the front door of the residence of such person.

SECTION FIVE: In the event that any of the aforesaid persons, whether an individual, firm or corporation, fails, neglects or refuses to remove the abandoned, wrecked or junked vehicle or part (s) of Section One above and abate said nuisance after the required notice, the City, its agent or private contractor may remove the vehicle or part(s) thereof at the cost not to exceed customary prevailing rates to be collected from the registered owner of such vehicle or part(s) thereof or the owner of the private property upon which such vehicle or part(s) is located.

SECTION SIX: Any person firm or corporation, who shall violate the provisions of this ordinance, shall upon conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) a day for each day such violation exists.

SECTION SEVEN: This ordinance shall take effect and be enforced from and after its passage and publication according to law.

ENACTED this 3^rd day of November, 1987

 1010.2 WRECKED VEHICLES (AMENDS 1010.1)

SECTION ONE: Section five of ordinance 1010.1 shall be amended as follows:

The words “Police Court Judge” shall be stricken and the word “Marshall” shall be inserted in their place.

1010.3 WEEDS AND HIGH GRASS

SECTION ONE: The Board of Trustees shall have the power to mow, and, from time to time as in its judgment it shall deem necessary, have the debris, weeds and other growth and accumulations in the drainage ditch, and other land areas of common interest and use within the city of .Moorland cleared, cut, repaired. maintained and cleaned to allow its proper function and use and prevent the attraction of vermin and pests and maintain the beauty of the City

SECTION TWO: The Board of Trustees, at its discretion, may charge the reasonable costs of performing that work described in Section One to the individual property owners for that portion of the work performed on said property owner’s property if. in the Board of Trustee’s judgment, the condition requiring the work to be done was created by the property owner’s conduct or neglect.

SECTION THREE: The provisions of this ordinance are in addition to and supplement those outlined and provided for in No.____ Series ____.

SECTION FOUR: Those costs remaining unpaid for 30 days after billing to the property owner by the city shall attach as a lien to the property the subject of such costs.

1010.4 TRIMMING TREES AND GROWTH

SECTION ONE: The Board of Trustees shall have the power to now, and from time to time as in its judgement it shall deem necessary, have the trees. and bushes growing in areas adjacent to and/or located on street and roadway rights-of-way and easements and sidewalks trimmed and cut to allow free and safe use of the City’s roadways, streets .and sidewalks.

SECTION TWO: The Board of Trustees shall have the power to make any and all necessary repairs and perform any and all other necessary maintenance .and cleaning to those areas :adjacent to City streets and roadways and/or located on roadway and street rights of way or easement or sidewalks within the City of Moorland •

SECTION THREE: The Board of Trustees at its discretion may charge individual property owners for the trimming, cutting, cleaning and maintenance described in Sections One and Two hereinabove for such work performed on said property owner’s property if. in its judgment, the condition requiring the work described herein is the result of the property owner’s conduct or neglect.

SECTION FOUR: Those costs remaining unpaid for 30 days after billing to the property owner by the City shall attach as a lien to the property which is the subject of said costs”.

1010.5 ACCUMULATION OF GARBAGE AND JUNK

SECTION ONE: It shall be unlawful for any property owner or resident of the City of Moorland to accumulate on his, or her property outside the residence any garbage, debris, trash or junk which is not contained in standard garbage containers.

SECTION TWO: For purposes of this ordinance, the words “garbage”, “debris”, “trash” or “junk” shall include, but shall not be limited to:

1) plumbing fixtures;

2) auto parts;

3) metal parts and machinery;

4) lumber;

5) paper.

SECTION THREE: This ordinance shall not apply to material being used in projects for which building permits have been issued by the City or for equipment being used in the construction of said project.

SECTION FOUR; Anyone who violates section One of this ordinance shall be punished for such violations by a fine of not less than Ten Dollars ($10.00) or more than One Hundred Dollars ($100.00) for each offense. Each citation shall constitute a separate offense.

1020.1 DESTRUCTION OF CITY PROPERTY

SECTION ONE: Should any city property willfully, negligently or otherwise be destroyed, the person or persons committing such injury shall report said damage to the marshal or his deputies who shall make a written report of the damage to the Board of Trustees.

SECTION TWO: Any person or persons destroying CITY PROPERTY shall be assessed the cost of replacing said property including material and labor, and/or fined no less than $10.00 or more than S100.00 for each such injury.

SECTION THREE: The City of Moorland reserves the right to take any other necessary legal action against such person or persons who have destroyed City property to protect the interest of its citizens.

1020.2 WEAPONS AND FIREARMS

         SECTION ONE:  No person shall discharge or fire, or allow to be discharged or fired, any firearm, explosive, pellet fun, B-B gun or any similar weapon or device within the city limits of the City of Moorland.

         SECTION TWO:  This ordinance shall not apply to or make it unlawful to use those devices or weapons referred to in Section One for the protection of life or property.

         SECTION THREE:  This ordinance supersedes and replaces Section 4 of City of Moorland Ordinance 1968-6.

         SECTION FOUR:  Violation of this ordinance shall be punishable by a fine of not less than $10.00 nor more than $100.00; each occurrence shall be a separate offense.

1030.1 FINES

SECTION ONE: The limits of fines for persons who violate the provisions of the ordinance. of the City of Moorland shall be increased to, not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense. 

950.1 BUILDING CODE

SECTION ONE: Ordinance 1968-4 is hereby repealed.

SECTION TWO: The present building code as adopted for the unincorporated territory of Jefferson County, Kentucky, by the Jefferson County Fiscal Court, namely the Building Officials and Code Administrators, International, Inc. Code 1970 Edition plus all subsequent supplements thereto, is adopted and to be used as the building codes for the City.

950.2 BUILDING REGULATIONS

SECTION ONE: To adopt the Declaration of Restrictions, with the exception of item Fourteen (14) and Fifteen (15) as recorded in Deed Book 3235. Page 211, in the office of the Clerk of County Court of Jefferson County. Kentucky, as the basic requirement. of this building ordinance.

SECTION TWO: No persons shall erect, construct, enlarge, alter, or move a building or make, install, or alter, improvements thereto within the City without first making application and obtaining a permit therefor from the legislative body. The term ~’building” shall mean a structure for the shelter, support, or enclosure of persons, materials, or property of any kind, having a roof supported by columns or walls and when separated shall be deemed a separate building. The term “building” shall be construed as if followed by the words “or part thereof”. Ordinary upkeep, maintenance and minor repairs may be made to a building without filing an application or obtaining a permit, provided such repairs shall not violate any of the provisions of this Code.

SECTION THREE: The Board of Trustees shall appoint a resident of the City, preferably a member of the Board of Trustees of the City of Moorland, to the positions of Director of Building, which appointment may be terminated at will by the legislative body. Every effort should be made to appoint individuals who are graduates of accredited school of architecture or engineering or who have had experience with building or construction work. The Director of Building is hereby authorized and directed to enforce all provisions of this ordinance as herein provided with the guidance and approval of the Board of Trustees of the City of Moorland.

SECTION FOUR: The procedure for obtaining a building permit shall be as follows:

(1) The plans, containing a drawing. plat or sketch in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of the building and the lot. and such other information as may be required by the Board of Trustees, shall be submitted to the Director of Building. This plat may be staked by a surveyor.

(2) The Director shall consider said plans to determine whether the proposed building will, adversely affect the public safety, health, convenience, comfort and general welfare of the residents of the City, conforms to the requirements of this ordinance and all other pertinent la~. ordinances and deed restrictions, is in uniformity and harmony of exterior design with existing structures on the lot on which the work is proposed and surrounding lots, and is so located so as to “not adversely affect adjoining structures, uses and operations.

(3) All side walls or improvements, including porches, must be dimensionally consistent with the Deed of Restrictions in relation to its location on the lot. Cornices shall not extend nearer to the adjoining lot than allowed by the Deed of Restrictions. Porches extending beyond the front hall of the residence over the building line shall not be enclosed in any manner inconsistent with the Deed of Restrictions.

(4) If the Director is satisfied with the work described in an application, he shall report to the legislative body which if it concurs in such director’s report, shall issue a preliminary certificate of compliance. Upon the issuance of the preliminary certificate of compliance, the applicant shall deliver the certificate and a full set of plans and specifications to the Jefferson County Building Inspector. The Jefferson County Building Office shall review said plans and specifications and shall issue a building permit and conduct the necessary inspections based upon the approval by the City and all other County and State agencies’ approvals as may be required. Upon the issuance of the building permit by the Jefferson County Building Office, it shall be pre­sented to the Building Director, and if the necessary fees have been paid, the approval of the City shall be granted and a permit therefore issued to the applicant.

(5) When the Building Director issues a permit, he shall endorse in writing or stamp on both sets of plans and shall be done in accordance with the approved plans and specifications.

(6) If the application for permit describes work which does not conform to the requirements of this ordinance or other pertinent laws, ordinances or deed restrictions or does not contain sufficient information. the Director of Building shall so report to the legislative body, and, if the report of such director is concurred in by such legislative body, no permit shall be issued. In such an event the plans and specifications shall be returned to the applicant with the refusal to issue such a permit. When requested by the applicant, such refusal shall be in writing and shall contain the reasons therefore.

 (7) Fees:

(a) No permit shall be issued for structure additions or changes until the applicant shall have paid to the City Treasurer a permit fee of $5.00.

SECTION FIVE: One set of approved plans, specifications, and computations shall be retained by the City Clerk and one set of the approved plans and specifications shall be returned to the applicant. The latter set shall be posted at the site of work, in a conspicuous place, near the front of the premises, protected from the weather. The site shall be open to inspection at all reasonable times by the Director of Building.

SECTION SIX: The applicant shall be responsible for seeing that adequate provisions are made for drainage, both during the period of construction and after construction is completed. He assumes the responsibility for assuring the City that water will not be diverted from its natural flow to the land(s) surrounding the building or structure which he is or has constructed, modified or demolated.

SECTION SEVEN: The applicant is charged with the re­sponsibility of seeing that no debris, waste or rubbish from the project for which this permit is issued is discarded or abandoned within the boundaries or the City of Moorland either during upon or after the completion of said project.

SECTION EIGHT: At all times, it shall be the duty of the applicant to maintain the streets in the vicinity of the permit location in a clean condition. The street shall not be allowed to become cluttered or covered with dirt or debris as a result of the construction, etc., activities.

SECTION NINE: If at any time during an applicant’s project, .he shall be found to be in violation of any section of this ordinance or any work on any building or structure is found to be contrary to the provisions of this ordinance or any other ordinance of the City of Moorland or in a dangerous or unsafe manner, or such applicant, by reason of set­offs, shall not have the required deposits with the City of Moorland, such work shall immediately be stopped. The notice that work is to cease shall be in writing, and shall be given to the owner of the property, his agent or any person at the work site, who is in a position of authority, and such notice shall state the conditions under which work may be resumed.

SECTION TEN: Upon the completion of a project and the satisfaction of all sections of this ordinance and all other pertinent laws, ordinances and deed restrictions, a certificate of completion shall be issued and those funds on deposit with the City under Sec. Four (4) of this ordinance shall be refunded to the holder of the building permit. No buildings shall be occupied or used until such certificate of completion has been granted by the City.

SECTION ELEVEN; A permit shall expire and terminate at the expiration of three (3) months from its date unless the construction of the construction of the improvement(s) thereby authorized has in good faith begun within that time, or if for wrecking, demolition or removal of a structure or building unless said work has in good faith begun within thirty (30) days of permit date. A permit for any type of building, or addition thereto, shall terminate three (3) months from its date unless the improvement is completed within that time. A permit will continue to be valid for a reasonable time after the project has begun with the above time limits, or until the project is completed if within a reasonable time.

SECTION TWELVE: Upon a showing of good and reasonable cause by written application at least thirty (30) days before expiration date of any aforementioned duly issued permit to the City of Moorland, the Board of Trustees or duly authorized representative may, within their discretion, issue a renewal permit without the payment of an additional fee . This renewal permit shall not be for a period longer than the period of the original permit. If untimely (i.e. at expiration date or later the original permit) application for a renewal permit is made, it may be approved by the City within their discretion; if approved by the City within their discretion; if approved, a fee equal to the original fee shall be collected. The thirty (30) day period before the expiration date is discretionary with regard to granting a renewal permit without payment of an additional fee to the Board of Trustees or duly authorized representative.

SECTION THIRTEEN: It shall be the duty of the City law enforcement officer(s) or the Jefferson County Department of Buildings at the request of a member of the Board of Trustees of the City, the duly authorized building representative or the City Clerk to investigate any and all violations of the ordinance and enforce it. Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than Twenty Dollars ($20.00) or not more: than One Hundred Dollars (S100.00) per violation. Each and every day during which such violation continues to exist shall be deemed and eons trued a separate offense.

SECTION FOURTEEN: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.