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 this chapter, it shall be held to mean the City of Goddard, Kansas;
(b) Whenever the term “Planning Commission” is used in this chapter, it shall be held to mean the City Planning Commission for Goddard, Kansas.
(c) Whenever the term “Governing Body” is used in this chapter, it shall be held to mean the City Council and Mayor of the City of Goddard, Kansas.
(d) Whenever the term “Building Official” as used in this chapter, it shall be held to mean the Sedgwick County Department of Code Enforcement or its authorized designee.
(e) All references to the terms “unincorporated areas of Sedgwick County” or “unincorporated areas” in this chapter or the Sedgwick County Resolution adopted and incorporated by section 4-202 shall be deemed to mean and also include the areas within the corporate limits of the City of Goddard, Kansas.
(Code 2001; Ord. 663, Sec. 2; Code 2012)
There is hereby incorporated by reference that certain code known as the International Building Code, 2006 Edition, prepared and published in book form by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, as amended by Resolution Number 263-2007 of the Board of County Commissioners of Sedgwick County, Kansas. No fewer than three (3) copies of said International Building Code, 2006 Edition, and Sedgwick County Resolution Number 263-2007 shall be marked “Official Copy as adopted by Ordinance No. 663,” to which shall be attached a copy of this Ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.
(Ord. 490, Secs. 1,3; Code 2001; Ord. 663, Sec. 1; Code 2012)
In addition to the standard code referenced above, this article also incorporates the omissions, changes, and additions to the above referenced code found in Sedgwick County, Kansas Resolution No. 263-2007 and contained in Chapter 6, Articles I-V of the Sedgwick County Code, as amended. The resolutions and code will be on file with the above referenced uniform building code in the office of the City Clerk.
(Ord. 490, Sec. 2; Ord. 663, Sec. 1; Code 2012)
Unless the contrary is clearly stated, each of the following sections of this article is in addition to, and not in lieu of, the provisions of the standard code incorporated by reference in section 4-202.
Pursuant to “INTERLOCALAGREEMENT FOR CODE ENFORCEMENT AND SERVICE FOR BUILDING, ELECTRICAL, MECHANICAL, AND PLUMBING CODES, AS CODIFIED IN CHAPTER 6, ARTICLES I-V, INCL. SEDGWICK COUNTY CODE AS AMENDED; BY AND BETWEEN CITY OF GODDARD, KANSAS AND SEDGWICK COUNTY,” this and other articles of the city relating generally to building and structures shall be administered and enforced by the Sedgwick County Department of Code Enforcement. The Sedgwick County Department of Code Enforcement shall act as the Building Official and may assume the responsibilities for the issuance of building permits and the inspection of building work.
(Code 2001; Code 2012)
The Building Inspector shall have the following duties:
(a) To enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;
(b) To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;
(c) To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the Building Official without its written consent.
The Building Inspector shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the Governing Body.
The Building Inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.
(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 require interpretation.
(b) The Building Official 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 Building Official 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 inspector thereon shall be entered upon the records of the Building Inspector and a signed copy shall be furnished to the applicant.
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 within the city without a building permit being first obtained therefor from the City Clerk, after approval by the Building Official. 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.
(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 wails, 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 Sedgwick County, Kansas. 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, and likewise subject to the final approval of the Building Inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the Building Official 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.
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, or to inspect any building work for conformity with this article.
The fee for a building permit shall be as set forth in Chapter 6, Articles I-V of the Sedgwick County Code, as amended. 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.
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. The Building Inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
Upon the completion of any work under a building permit, the Building Official, the Building Inspector or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner.
In lieu of assessing and collecting its own fees for contractor’s licenses, the City of Goddard adopts Sedgwick County’s requirements for licensing and permitting, and thereby defers such assessing and collecting to Sedgwick County by incorporating by reference Sedgwick County’s requirements for contractor’s licenses which are codified in the Sedgwick County Code, Chapter 6, Articles I-V, inclusive, Section 6-27, Uniform Building Code (UBC), Section 110.1, building contractor’s license requirements.
If any section of the Uniform 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.
Upon the passage of the original ordinance [No. 603, approved July 6, 2004], Certificates of Occupancy and Habitation shall be deemed issued and in effect for all existing buildings and structures within the corporate limits of the City of Goddard, Kansas. Subsequent to the passage of said ordinance, Certificates of Occupancy and Habitation shall be deemed issued and in effect for all existing buildings and structures annexed into the corporate limits of the City of Goddard, Kansas.
No new building or structure shall be occupied or no change in the character or use of land or of a building shall occur, without a valid Certificate of Occupancy and Habitation issued by the City certifying that such building or use is in compliance with the provisions of this Ordinance and all other applicable city regulations, codes and ordinances, including structure location and foundation and pad elevations contained in any applicable PUD document or on the face of any applicable plat. A Certificate of Occupancy and Habitation that shall contain the following:
(a) The building permit number.
(b) The address of the structure.
(c) The name of the owner.
(d) A statement that the Certificate of Occupancy and Habitation is subject to on-going compliance with the various ordinances of the City of Goddard, Kansas regulating building use and habitability.
A Certificate of Occupancy and Habitation may be withdrawn in writing by the City if a building, structure or use is found in noncompliance with the provisions of this Section and all other applicable city regulations, codes and ordinances.
Notice of the withdrawal a Certificate of Occupancy and Habitation shall be given to all owners and occupants of said building or other structure by immediately posting a copy of the written withdrawal of said Certificate of Occupancy and Habitation on the front door of said building or other structure and mailing a copy of said written notice to the person(s) or entity listed as receiving utility services at said building or other structure from the City of Goddard. Said written notice shall also contain the appeal provisions provided within the following Section.
(Ord. 603, Sec. 1; Code 2012)
Withdrawal of a Certificate of Occupancy may be appealed in writing to the Mayor of Goddard, Kansas within five (5) days.
The appeal must be in the form of a written request, setting forth the grounds for the appeal and the mailing address of the person(s) or entity making the appeal, which shall be filed with the City Clerk.
The City Clerk shall schedule the appeal hearing to take place during the next ten (10) days, before the Mayor. Written notice of the appeal hearing shall be given to the appellant by mailing the same to the address provided in the written request.
Unless otherwise noted by the Mayor, the withdrawal of a Certificate of Occupancy and Habitation shall remain in effect during the pendency of the appeal.
The decision of the Mayor on the appeal shall be final and in writing.
(Ord. 603, Sec. 2; Code 2012)
Except to construct, inspect, repair or demolish, it is unlawful for any person to enter, remain within or otherwise occupy any building or structure for which a Certificate of Occupancy and Habitation has not been issued or has been withdrawn. It is further unlawful for the parent, guardian or other person having the care and custody of a minor under the age of eighteen years to permit said minor to enter, remain within or otherwise occupy any building or structure for which a Certificate of Occupancy and Habitation has not been issued or has been withdrawn.
(Ord. 603, Sec. 3; Code 2012)