HomeMy WebLinkAbout1998-03-16-Ordinance 2243_1994 Uniform Building Code AdoptionORDINANCE NO.2243
AN ORDINANCE TO REPEAL CHAPTER 222 OF THE MUNICIPAL CODE OF THE CITY I
OF WAUKEE,IOWA AND TO ADOPT BY REFERENCE A COMPLETE BUILDING CODE
REGULATING THE ERECTION,CONSTRUCTION,ENLARGEMENT,ALTERATION,REPAIR,
MOVING,REMOVAL,CONVERSION,DEMOLmON,OCCUPANCY,EQUIPMENT,USE,
HEIGHT,AREA AND MAINTENANCE OF BUILDINGS AND STRUCTURES,INCLUDING
INSTALLATION OF MOBILE,MANUFACTURED AND MODULAR HOMES;TO PROVIDE FOR
THE ISSUANCE OF PERMITS AND COLLECTION OF FEES;AND TO PROVIDE PENALTIES
FOR VIOLATIONS.
Be it ordained by the Council of the City of Waukee,Iowa:
Section 1.That Chapter 222 of the Municipal Code of the City of Waukee,Iowa and amendments thereto,
is amended by deleting said chapter in it's entirety and by inserting in lieu thereof:
Section 2.Short Title.'This ordinance shall be known as the Waukee,Iowa,Building Code,and may be
sited as such,and will be referred to herein as "this ordinance".
Section 3.Adoption by reference.The specifications and regulations which are mentioned by title and
date below are hereby adopted and declared to be a part of this ordinance when not in conflict with a
specific statement contained herein.
3.1 Adoption of the Uniform Building Code.Pursuant to published notice and public hearing,J
as required by law,the Uniform Building Code,1994 Edition,published by the International Conference
of Building Officials is hereby adopted in full except for such portions as may hereinafter be deleted,
modified or amended.
3.1.1 Amendments Modifications.Additions and Deletions.The following amendments,
modifications,additions and deletions to the Uniform Building Code,1994 Edition,are hereby made:
3.1.1.1 Add the followingto Section 107.2 "The Building VaIuation will be derived from
the most current Building Valuation Data Schedule published in the Building Standards."
Furthermore,the good column will be used,nothing will be added for air-conditioning and
the Regional Modifier for Iowa will be used.
The method for determining the value of the additional listed residential items will be as
follows:The square foot of the listed structure,times the Dwelling -Type V -Wood
Frame value,times the %multiplier assigned to each listed item.
1).Open Decks -8%
2).Screened Porches -15%
3).In-ground Pools -17%
4).Above-ground pools -8%
5).3 Season Porches -50%j
Crawl spaces or garage foundations are not included in basement charges.
3.1.1.2 In Section 109.1 delete the Exception,and add the following new paragraphs:"On
all new construction,all necessary walks,drives and approaches,and all seeding and
sodding is to be installed before a final Certificate of Occupancy is issued."
3 .1.1.3 Amend Table I-A -Building Permit Fees as follows:
Total Valuation Fee
$1.00 TO $500 $15.00
$501 TO $2,000 $15 for the first $500
$2 for each additional
$100 or fraction thereof,
To and including $2,000
$2,001 TO $25,000 $45 for the first $2,000
Plus $8 for each additional
$1,000 or fraction thereof,
To and including $25,000
$25,001 TO $50,000 $229.00 for the first $25,000
Plus $7.00 for each additional
$1,000 or fraction thereof,to
And including $50,000
$50,001 TO $100,000 $404 for the first $50,000 plus
$5 for each additional $1,000 or
Fraction thereof,to and including
$100,000
$1,00,001 TO $1,000,000 $654 for the first $100,000 plus
$3 for each additional $1,000 or portion
Thereof,to and including $1,000,000
$1,000,001 and up $3,354 for the first $1,000,000 plus
$2.50 for each additional$I,OOOor
Fraction thereof
3.1.1.4 In Table I-A,Building Permit Fees,under the section entitled Other
Inspections and Fees add the following:
6.Fences.
7.Signs.
The building permit fee shall be $20.00
0-100 sq.ft.$15 Base plus $0.25/sq.ft.
101 sq.ft.and up $40 Base plus $0.15/sq.ft.
8.Storage Tanks.The Building Permit fee shall be $25 each for installation or
removal.
9.Temporary Structure.The building permit fee shall be $25.This applies to
tents,canopies,membrane structures and similar structures.
3.1.1.5 In Section 310.2.2 add:"Vertical construction of a separation wall
must extend to the roof sheathing and may terminate there.In all cases,the fire
resistance of the exterior side of separation walls shall conform to the requirements of this
code."I3.1.1.6 In Section 310.10 add the following:"Smoke detectors in common areas:All R-l
occupancies not otherwise required to be equipped with an automatic fire alarm system
shall be equipped with smoke detectors in the common exitways.They shall be installed
on each floor level and nominally spaced thirty (30)feet apart beginning no more than
fifteen (15)feet inside the common exits."
3 .1.1.7 Amend subsection 1505.1 by replacing the first paragraph with the following:
"Each attic compartment shall be provided an access opening from the unit or common
space below,with the access opening located in the common area wherever practical.
Attics with a maximum vertical height of less than 30 inches need not be provided with
access openings."
3.1.1.8 In subsection 1605.4 add:"For purposes of determining snow loads,the
minimum criteria shall be thirty(30)pounds per square foot,provided that subsequent
increases shall be required.
3.1.1.9 In Section 1806 add a new subsection 1806.10."All footings shall have
not less than two(2)No.4 (#4)continuous rerods throughout."
3.1.1.10 In subsection 1806.2,replace Exception 1.With the following:"All detached
Group U-l buildings of 400 square feet or less in area may be constructed on a3-V,inch
slab of concrete.All Group U'-I buildings over 400 square feet in area shall have frost
protected footings extending 42"below finished grade,which footing may be a well
crumbed trench of a width approved by the building official."
I
3.1.1.11 In Section 2317 add the following:"2317.14 Fences.Residential fences
shall not be more than 6'higher than grade at the fence line.Privacy fences shall be
finished on the exterior side of the fence.Wood used in fences shall be treated wood,or
approved wood of natural resistance to decay."
3.1.1.12 In Section 904.2.1 add the following:"Any building,other than R-3 and U,not
required to have an automatic sprinkler system,but which have any kind of a monitored
security system,smoke detectors shall be added to that security system so that all areas
of the building are protected."
3.2 Adoption of the Uniform Mechanical Code.Pursuant to published notice and public
hearing,as required by law,the Uniform Mechanical Code,1994 Edition,published by
the International Conference of Building Officials is hereby adopted in full except for s u c h
portions as may hereinafter be deleted,modified or amended.
3.2.1 Amendments,Modifications,Additions and Deletions The following amendments,
modifications,additions and deletions to the Uniform Mechanical Code,1994 Edition,are
hereby made:I
3.2.1.1 In subsection 112.1 add the following sentence:"The mechanical permit
for new construction shall be deemed included in the general building permit
issued to the builder/general contractor."
3.3 Adoption of the Uniform Plumbing Code.Pursuant to published notice and public
hearing,as required by law,the Uniform Plumbing Code,1994 Edition,published by the
International Association of Plumbing and Mechanical Officials is hereby adopted in foll
except for such portions as may hereinafter be deleted,modified or amended.
3.3.1 Amendments,Modifications,Additions and Deletions.The following amendments,
modifications,additions and deletions to the Uniform Plumbing Code,1994 Edition,are
hereby made:
3.3.1.1 Add subsection 102.3.3 -Board of Appeals.In order to hear and decide
appeals of orders,decisions or determinations made by the building official relative to the
application of this code,there shall be and is hereby created a board of appeals consisting
of members who are qualifiedby experience and training to pass on matters pertaining to
building construction and who are not employees of the jurisdiction.The building official
shall be an ex-officialmember of and shall act as secretary to said board but shall have no
vote on any matter before the board.The board of appeals shall be appointed by the
governing body and shall hold office at its pleasure.The board shall adopt rules of
procedure for conducting business,and shall render all decisions and fmdings in writing
to the appellant with a duplicate copy to the building official.
3.3.1.2 In subsection 103.1.1 delete the period at the end of the paragraph and add
the following:"except new construction where the plumbing permit will be deemed as
included in the general building permit issued to the builder/general contractor."
3 A Adoption of the National Electrical Code.Pursuant to published notice and public hearing,
as required by law,the National Electrical Code,1996 Edition,published by the National Fire
Protection Association is hereby adopted in full except for such portions as may hereinafter be
deleted,modified or amended.
3 A.1 Amendments,Modifications,Additions and Deletions.The following
amendments,modifications,additions and deletions to the National Electrical Cod e,
1996 Edition,are hereby made:
3A.1.1 In subsection 301.1 add the following:"Exception:The electrical permit
for new construction shall be deemed included in the general building permit issued to the
builder/general contractor.
3.5 Adoption of the Uniform Fire Code.Pursuant to published notice and public hearing,
as required by law,the Uniform Fire Code,1994 Edition,published by the International Fire
Code Institute is hereby adopted in full except for such portions as may hereinafter be
deleted,modified or amended.
3.5.1 Amendments,Modifications,Additions and Deletions.The following amendments,
modifications,additions and deletionsto the Uniform Fire Code,1994 Edition,are hereby
made:
3.5.1.1 In subsection 103.1A Appeals,delete the word five.
Add to Section 301.INSPECTION CERTIFICATE REQUIRED.An inspection
certificate shall have been applied for by December 31,1998 after which time no
person shall rent,lease,let,operate,or otherwise allow the occupancy of any non-
owner occupied housing unit unless such application has been made.After December 31,
1999 no person shall rent,lease,let,operate,or otherwise allow the occupancy of any non-
owner occupied housing unit unless they have obtained a valid inspection certificate.
1
3.6 Adoption of the CABO One and Two Family Dwelling Code.Pursuant to published 'I
notice and public hearing,as required by law,the CABO One and Two Family Dwelling
Code,1992 Edition,published by the Council of American Building Officials is hereby
adopted in full except for such portions as may hereinafter be deleted,modified or amended.
3.7 Adoption of the Uniform Housing Code.Pursuant to published notice and public
hearing,as required by law,the Uniform Housing Code,1994 Edition,published by the
International Conference of Building Officials is hereby adopted in full except for such
portions as may hereinafter be deleted,modified or amended.
3.7.1 Amendments,Modifications,Additions and Deletions.The following amendments,
modifications,additions and deletions to the Uniform HousingCode,1994 Edition,are
hereby made:
3.7.1.1 Chapter 3,"Permits and Inspections,"shall be amended as follows:
Every inspection certificate issued under the authority of this Chapter shall be displayed
by the owner in a conspicuous place for a tenant to examine before any dwelling unit may
be rented,leased,or otherwise occupied.
Every person holding an inspection certificate under this Chapter shall give notice
in writing to the housing inspector within thirty (30)days after having sold,transferred,
conveyed or otherwise disposed of their ownership of,interest in,or control of any
dwelling.This notice shall include the name and address of the person succeeding to the
ownership or control thereof Failure to give said notice will render the certificate null and
void.
EXPIRATION DATE.The administrative authority shall determine the expiration
date of the inspection certificate based on,but not limited to :
A.Age and condition of the dwelling
B.Inspection History
C.Tenant/Management complaints
D .Natural disasters such as floods
In no case shall an inspection certificate have an expiration date more than 3 years
later than the date of issuance.I
Add to Section 303.INSPECTIONS.The frequency of inspections shall be at
the discretion of the administrative authority but shall occur at least once every
three years.Factors that could require more frequent inspections include but are
not limited to:
(a)Age and condition of dwelling.
(b)Inspection history
(c)Tenant!management complaints
(d)Natural disasters such as flooding
ISSUANCE,DURATION,VALIDATION.If the premises are found to comply
with the requirements of this Code and the fees are paid,the Housing Inspector
shall issue an inspection certificate good for two (2)years from initial inspection
or listed expiration date.
INSPECTION CERTIFICATE FEES.For each certificatelregistration issued,
there will be paid to the City of Waukee a fee as follows:
(a)For each one or two family dwelling units -$40.00
(b)For eachmulti-faruily dwelling unit -$10.50
(c )The first reinspection --Free
(d)For each additional reinspection (per unit)-$40.00/one or two family
-$10.50/multi-faruily
These units shall include uuits used by the owner or manger.
3.7.1.2 Chapter 4 of the Uniform Housing Code,"Definitions,"shall be amended
by adding the following definitions:
ACCESSORY STRUCTURE means a detached structure located on or partially
on any premises which is not used or intended to be used for living or sleeping by
human occupants.
ASHES means the residue from the burning of combustible materials.
BASEMENT SPACE means a portion of a building between floor and ceiling,
which is partly below and partly above grade,but so located that the vertical distance from
grade to the floor below is less than the vertical distance from grade to ceiling.
CELLAR SPACE means that portion of a building between floor and ceiling which is
wholly or partly below grade and so located that the vertical distance from grade to the
floor below is equal to or greater than the vertical distance from grade to ceiling.
CENTRAL HEATING SYSTEM means a single system supplying heat to one or
more dwelling units.
FAMILY means an individual or two or more persons related by blood or marriage
or a group of not more than five persons who need not be related by blood or marriage,
living together in a dwelling unit.]
CIllMNEY means a vertical shaft of masonry,reinforced concrete or other approved ~1
noncombustible heat resisting material,enclosing one or more flues,for the purpose of
removing products of combustion from solid,liquid,or gas fuel.
DWELLING means any building or any portion thereof which is not a "Multiple
Dwelling,"as defined in this Code,which contains one or two "Dwelling Units"
or "Guest Rooms",which are occupied or used,intended,or designed to be built,
used,rented,leased,let or hired out to be occupied.
DWELLING UNIT means one or more habitable rooms which are occupied or
which are intended to be designed to be occupied by one faruily with facilities for
living,sleeping,cooking and eating.
ELECTRIC CODE means the National Electrical Code promulgated by the National Fire
Protection Association,as adopted by this jurisdiction.
EXTERMINATION means the control and elimination of insects,rodents or other
pests by eIiminating their harborage places;by removing or making inaccessible
materials which may serve as their food;by poisoning,spraying,furuigating,trapping,or
by any other safe and effective method.
FLUSH WATER CLOSET means a toilet bowl flushed with water,with a water
sealed trap above the floor level.Toilet bowls shall have a smooth,easily cleanable
surface.
GARBAGE means the animal and vegetable waste or their containers resulting
from the storage,preparation,cooking,serving,and non-consumption of food.
GRADE shall mean the average of the finished ground level at the center of all
walls of a building.In case walls are parallel to and within five (5)feet of a sidewalk,alley
or other public way,the above ground level shall be measured at the elevation of the
sidewalk,alley or public way.
GROUND-FAULT CIRCUIT-INTERRUPTER means a device intended for the
protection of personnel that functions to de-energize a circuit or portion thereof
within an establishedperiod of time when a current to ground exceeds some predetermined
value that is less than that required to operate the over current protective device of the
supply circuit.
REA TED WATER means water heated to a temperature of not less than 110 degrees I
Fahrenheit..
HOUSING INSPECTOR means an officer of the Inspection Section of the Building
Division.
INFESTATION means the presence within or around a dwelling of any insects,
rodents or other pests,which constitute a health hazard.
K~TCHEN means any room or part thereof used primarily for food preparation
and it shall meet the requirements of section 310.7 of the 1994 Uniform Building
Code.
MEANING OF CERTAIN WORDS Whenever the words "dwelling,""dwelling
unit,""building,""premises,"or "structure"are used in this Code,they shall be
construed as though they were followed by the words "or any part thereof"
MULTIPLE DWELLING means any structure containing more than two dwelling
units or rooming units.
OCCUPANT means any person either living,sleeping,cooking,eating in,or actually
having possession of a dwelling,a dwelling unit or a rooming unit.
OPERATOR means any person who has charge,care,control or management of a
structure containing dwelling units or rooming units.
OWNER means any person who has a legal or equitable interest in any dwelling
or has charge,care,or control of any dwelling as agent of the owner,or as an executor,
administrator,trustee,or guardian of the estate of the owner.Any person who collects the
rental on a dwelling,dwelling unit or rooming unit shall be considered an agent for the
owner.
PERMISSmLE OCCUPANCY means the maximum number of persons permitted to
reside in a dwelling unit according to sec.403.2 Floor Area of the 1994 Uniform Housing
Code.
PERSON means and includes any individual,firm,corporation,association or partnership.
PLUMBING means and includes all of the following supplied facilities and equipment;
gas pipes,gas burning equipment,water pipes,garbage disposal units,waste pipes,water
closets,sinks,installed dishwashers,lavatories,bathtubs,shower baths,installed clothes
washing machines,catch basins,drains,vents,and any other similar supplied fixtures
together with all conuections to water,sewer or gaslines.
PREMISES means a platted lot or part thereof or unplatted lot or parcel of land or
plot of land,either occupied or unoccupied by any dwelling or other structure and
includes any such building,accessory structure or other structure thereon.
RECEPTACLE OUTLET means an electrical outlet where one or more receptacles are
installed.
REFUSE means all putrescible and non-putrescible solids (except body wastes)
including garbage,rubbish,ashes and dead animals.
RUBBISH means non-putrescible solid wastes (excluding ashes)consisting of
either:
1.Combustible wastes including but not limited to paper,cardboard,plastic
containers,yard clippings and wood,tires;or I
2.Non-combustible wastes such as tin cans,glass,glass bottles,crockery,concrete,
brick and tile,scrap metal including portions of vehicles.
SAFETY means the condition of being free from danger and hazards which may
cause accidents or disease.
SPACE HEATER means a self-contained heating appliance of either the
circulating type or the radiant type and designed primarily to heat only one room
or portion thereof.
SUPPLIED means paid for furnished by,provided by or under the control of the
owner or operator.
3.7.1.3 Section 505.3 Kitchens,shall be amended to add the following:
Cabinets or shelves for the storage of eating,drinking,or cooking equipment and
utensils,and of food that does not under ordinary summer conditions,require refrigeration
for safekeeping;and a counter or table for food preparation.Such cabinets or shelves and 1
counter or table shall be adequate for the permissible occupancy of the dwelling uuit and
shall be sound construction furnished with surfaces that are easily cleaned that will not
impart any toxic or deleterious effect to food.A stove,or similar device,for cooking food
and a refrigerator,or similar device,for the safe storage of food at temperatures less than
45 degrees Fahrenheit,but more than 32 degrees Fahrenheit,which are properly installed
with all necessary connections for safe,sauitary and efficient operation.The stove,
refrigerator,or similar devices need not be installed when a dwelling uuit is not occupied
and when the occupant is expected to provide same on occupancy,and that sufficient space
and adequate connections for the same and efficient installation and operation of a stove,
refrigerator or similar devices are provided.
3.7.1.4 Chapter 9,"Fire Protection,"shall be amended to add the following:
Section 902.FIRE ALARM SYSTEMS AND FIRE EXTlNGUISHERS.Fire
alarm systems shall be inspected and tested annually,fire extinguishers shall be
tested annually and serviced as required by an agency whose business is installing
and servicing this type of equipment.
3.7.1.5 Chapter 10,"Substandard Buildings,"shall be amended to add the following sections:
Section 1001.15.lNSPECTION CERTIFICATES.Any dwelling unit which does not
comply with section 301 of this Code is hereby declared to be a substandard building.
Section 1001.16.SNOW AND ICE ON PRIV ATE MULTI-FAMILY SIDEWALKS.
Multi-family dwellings shall be considered substandard if they do not meet the following
requirements:Owners of private multi-family sidewalks shall remove snow,ice,and accumulants
from said sidewalks within a reasonable time but in no case more than twenty-four (24)hours
following the cessation of the weather or other event by which they were deposited.
Section 1001.17 SITE SAFETY AND APPEARANCE.Any premises which do
not meet the following requirements shall be considered substandard:Fences,retaining walls,
driveways,sidewalks,parking lots,etc.shall be maintained to provide usage and appearance as
originally constructed.Potholes,cracks and settling shall be repaired and sealed to provide safe
usage,prevent tripping and further deterioration.
Section 1001.18 SMOKE DETECTORS.Rental dwelling units shall be considered
substandard when they are not provided smoke detectors meeting the following location
requirements:In dwelling units,a detector shall be installed at a point centrally located in the
corridor or area giving access to each separate sleeping area When the dwelling unit has more
than one story and in dwellings with basements,a detector shall be installed on each story and in
the basement.In dwelling units where the ceilingheight of a room open to the hallway serving the
bedrooms exceeds that of the hallway by 24 inches or more,smoke detectors shall be installed in
the hallway and in the adjacent room.Detectors shall sound an alarm audible in all sleeping
areas of the dwelling unit in which they are located.
Section 1001.19.GROUND FAULT ClRCUlTINTERRUPTER Rental dwelling units
shall be considered substandard when they are not provided GFl outlets in all bathroom areas.
Section 1001.20 WINDOWS,EXTERIOR DOORS.Residential buildings shall
be considered substandard if they do not meet the following requirements:Every window,exterior
door and basement hatchway or similar device shall be kept rodent-proof and reasonably water-
tight and weather -tight,and shall be kept in working condition and good repair.No person shall
let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling
or dwelling unit are equipped with functioning locking devices.
Section 1001.21 SCREENS.Rental dwelling units which do not meet the following
requirements shall be considered substandard:
1.From April 15th to October 15th of each year,as protection against mosqnitoes,
flies,and other insects,every door opening directly from a dwelling unit to the
exterior of the building and used for ventilationshall have supplied properly fitting
screens having at least #16 mesh;and every window or other device with
openings to outdoor space used for ventilation shall likewise be supplied with
screens of the same mesh.
Exception:Entry door openings will not be required to have screens
if the unit is equipped with air conditioning.
2.Every window located at or near ground level used or intended to be used for
ventilation,and every other opening located at or near ground level which might
provide an entry for rodents,shall be supplied with adequate screen or such other
devices as will effectively prevent their entrance.
Section 1001.22 ACCESSORY STRUCTURES.Accessory structures located
on the premises of a dwelling shall be structurally sound,and be maintained in good repair and free
of vermin.Their exterior shall be made weather resistant through the use of decay-resistant
materials or the use ofpaint or other preservatives.
Section 1001.23 HANDRAILS.Rental dwelling units which do not meet the following
requirements shall be considered substandard:Structurally sound handrails shall be provided on
all steps containing four risers or more.If steps are not enclosed,handrails shall be provided on
the open side.Porches,balconies and landings located more than thirty (30)inches higher than
the adjacent area shall have structurally sound protective guardrails (not less than 36 inches high;
multiple dwellings shall be 42 inches high)and ifunenclosed shall have intermediate rails or an
omamental pattem such that no object four inches in diameter can pass through.
1
EXCEPTION:Existing thirty-six (36)inch high guardrails which are structurally sound
and provide the same protection that the guardrails provided when originally constructed.
3.8 Adoption of the Uniform Code for the Abatement of Dangerous Buildings.Pursuant to
published notice and public hearing,as required by law,the Uniform Code for the Abatement of
Dangerous Buildings,1994 Edition,published by the International Conference of Building
Officials is hereby adopted in full except for such portions as may hereinafter be deleted,modified
or amended.
4.0 MobilelManufactured Home Installation Code
4.1 The setting of a mobile manufactured home presents a different set of
circumstances,whereas the owner of the home is different from the owner of the
land on which the home is being set.Therefore,following rilles shall apply in a
Manufactured Home Park:
4.1.1 An installation seal and building permit must be obtained at city hall by
the title owner of the mobile/manufactured home before the home is set,
or the footings are poured.
a.Starting work before a permit is issued shall double the permit fee.
b.The installation manual or complete design by a registered engineer
(including drawings and calculations)must be submitted with the building
permit application,along with a complete site plan showing proper
setbacks,separations from other homes and accessory buildings,and
utility easements or lines.
c.Homes must be installed in accordance with all applicable federal,state,
and local laws,rules,codes,and ordinances.
d.All manufactured homes,mobile homes,and modular homes shall be
installed on frost protected footings.Ie.Permit Fees shall be based on the cost of installation -not the value of the
home.
f It shall be the responsibility of the Mobile Home Park Owner or Representatives
to inform park tenants of these requirements.
4.1.2 Commercial installers must be bonded and insured in no less than the
following amounts:
General Liability:
Bond
$500,000
$5,000
a.The City Council,after a public hearing,may reject the bond of any
installer who fails to conform with this Ordinance on a repeated basis,and
upon the recommendation of the Building Official.
4.1.3 The homeowner or installer are responsible for notifying the city for the
proper inspections.
a.The Building Official may require any work done without an
inspection to be uncovered or dug up at the homeowner's
expense.
b.The Building Officialmay order any work done in violation of the
codes to be brought into compliance.
c.No State Certificate of Installation will be approved and no State
Installation Seal will be affixed until the installation has been completed to the
satisfaction of the administrative authority.
5.0 Hearings.Any person affected by a decision of the building official may request and shall be
granted a hearing by the Municipal Code Appeals Board on this decision,
provided that such person shall file in the office of the building official a written
petition requesting such a hearing and setting forth a brief statement of the
grounds therefor,within 15 days after the day that person received notice of that
decision.The petitioner shall pay a fee of $100 at the time of filing the
appeal.Upon receipt of such petition and fee,the Building Official shall set a time
and place for such hearing and shall give petitioner written notice thereof at least
3 days before the date set for such hearing,unless such 3 day notice is waived,in
writing,by the petitioner At such hearing the petitioner will be given the
opportunity to be heard to show why the decision of the building official shonld
be modified or withdrawn.The building official shall have the opportunity to be
heard to show why said decision should be affirmed.The hearing shall be
commenced not later than 25 days after the day on which the petition was filed,
unless,for good cause shown,the building official grants a postponement,in
writing of the hearing.The city council shall provide a suitable place to hold
hearings,provide for the necessary expenses of the board and provide legal
counsel when such counsel is desired.
5.1 Decision.After such hearing,the Board shall affirm,modify,or withdraw the decision of the
building official.The proceedings at any hearing before the board,including the
findings and decision of the building official,if applicable shall be summarized,
reduced to writing,and entered as a matter of public record in the office of the
building official.Such record shall include a copy of every notice issued in ')
connection with the matter.If the board rules in favor of the appellant resulting
in the withdrawal of the decision of the building official,the filing fee shall be
refunded,
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed,
Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged
invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance
as a whole or any section,provision,or part thereof not adjudged invlaid or
unconstitutional,
Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval,and
publication as provided by law.
Passed by the City of Waukee of the City of Waukee,Iowa,this 16th day of March,1998,and approved
this 16th day of March,1998.~,
Attested:~~------
Kurt A.Rueckel,C~;~l1~:I
+
I