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HomeMy Public PortalAbout03-2017 - BUILDING AND CONSTRUCTIONS REGULATIONS if- ORDINANCE 2017 -3 AN ORDINANCE AMENDING CHAPTER 7: BUILDING AND CONSTRUCTION REGULATIONS OF THE GREENCASTLE CITY CODE WHEREAS, the Common Council of the City of Greencastle passed Ordinance 1997 -3, ( §845 -90, 3- 11 -97) establishing Section 7 -28: Entry, Section 7 -32: Violations, Section 7 -34: Remedies, 7 -35: Enforcement and Appendix C, and 7 -36: Penalties as they relate to the regulation of construction activities within the City of Greencastle; NOW THEREFORE be it ordained by the Common Council of the City of Greencastle that it hereby amends the City of Greencastle Code, Chapter 7: Building and Construction Regulations, which was adopted by Ordinance 1997 -3, said amendments being attached hereto and incorporated herein. Only those sections being amended are attached. All other provisions contained in the Greencastle City Code shall remain in full force and effect. Any other City policies, procedures, or guidelines inconsistent herewith shall be deemed repealed. This Ordinance shall have full force and effect upon passage of the Greencastle Common Council and its approval by the Mayor. PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this /1 day of ()My , 2017. afr Adam C hen Sta angdon Ma f4 t,.hase /71■ Mark N. Hammer / Tyle Vad data/ ary Lemo 'Steve Fields • /Day d C. Murray Approved and signed this day of May, 2017 at o'clock p.m. William A. Dory, Jr., Mayor Lynda R. Dunbar, Clerk- Treasurer BUILDING AND CONSTRUCTION REGULATIONS Sec. 7 -28 Entry. Upon presentation of proper credentials, the Building Commissioner or his duly authorized representatives may enter, at reasonable times, any building, structure or premises for which a permit has been obtained in the City of Greencastle to perform any duty imposed upon them by this code. (Ord. No. 1997 -3, 845 -75, 3- 11 -97) Sec. 7 -32 Violations. It shall be unlawful for any person, firm or corporation or entity, whether as owner, contractor, subcontractor, developer, lessee, sub - lessee, or occupant to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, other than fences, in the City of Greencastle or cause or permit the same to be done, contrary to the provisions of this code as amended from time to time. (Ord. No. 1997 -3, § 845 -90, 3- 11 -97) Sec. 7 -34 Remedies. The Building Commissioner shall, in the name of the City of Greencastle, Putnam County, Indiana, bring actions in the Circuit Court or Superior Court of Putnam County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this code. (Ord. No. 1997 -3, § 845 -105, 3-11-97) Sec. 7 -35 Enforcement and Appendix C. b. Appendix C APPENDIX C VIOLATION FINE SCHEDULE First Offense Additional Offenses 1. Construction Without 5100.00 Up to 52500.00/day a Permit 2. Failure to Call for an 5100.00 Up to 52500.00 /day Inspection/Continuing Work without Proper Inspection and Approval of the Same 3. Occupying dwelling 5100.00 Up to 52500.00 /day for portion under consuuction) without a Certificate of Occupanry 4. Use of a Swimming 5100.00 Up to 52500.00 /day Pool without Final Inspection and Approval of the Same 5. Alteration of • 5100.00 Up to 52500.00 /day Construction Drawings, Methods, and /or Materials without Notification to the Building Commissione• 6. Continuing Work 5100.00 Up to 52500.00 /day After a Stop Work Oder _ has been Issued 7. Failure to Allow 5100.00 Up to 52500.00 /day Entry per 7 -28 of this Ordinance BUILDING AND CONSTRUCTION REGULATIONS Sec. 7-36. Penalties. In the event any person, firm, corporation or entity shall violate any of the provisions of this code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to obey any lawful order given by the Buildine Commissioner in connection with the provisions of this code for each such violation, failure or refusal, such person, firm, corporation, or entity shall be fined in any sum not less than $100.00. nor more than two - thousand, five- hundred dollars ($2.500.00) per day. Each day of the violation shall be considered a separate violation. The fines for violations may be cumulative; a person, firm, corporation or entity who commits a violation is subject to the fines for a second and subsequent violations, if the same or another violation is assessed. Such person, firm, corporation, or entity shall further be required to pay any and all costs incurred by the City of Greencastle as a result of violations by said person, firm, corporation or entity of the provisions of this Code and ordinance as amended from time to time, including attorney fees and the like. (Ord. No. 1997 -3, § 845 -110. 3- 11 -97, Ord. No. 2006 -1) ORDINANCE 2017 -3 AN ORDINANCE AMENDING CHAPTER 7: BUILDING AND CONSTRUCTION REGULATIONS OF THE GREENCASTLE CITY CODE WHEREAS, the Common Council of the City of Greencastle passed Ordinance 1997 -3, 0845 -90, 3- 11 -97) establishing Section 7 -28: Entry, Section 7 -32: Violations, Section 7 -34: Remedies, 7 -35: Enforcement and Appendix C, and 7 -36: Penalties as they relate to the regulation of construction activities within the City of Greencastle; NOW THEREFORE be it ordained by the Common Council of the City of Greencastle that it hereby amends the City of Greencastle Code Chapter 7: Building and Construction Regulations, which was adopted by Ordinance 1997 -3, said amendments being attached hereto and incorporated herein. Only those sections beine amended are attached. All other provisions contained in the Greencastle City Code shall remain in full force and effect. Any other City policies, procedures, or guidelines inconsistent herewith shall be deemed repealed. This Ordinance shall have full force and effect upon passage of the Greencastle Common Council and its approval by the Mayor. PASSED AND ADOPTED by the Common Council of the City of Greencastle. Indiana this day of ; 2017. a Ev,.. —. 2 Ada tacie don // g Lu .1�' � f I t WI Ma k N. Hammer / Ty / Wa as / 1:11 or .ry L-mon :teve Fields 0 1 iJ � f D av d C. Murray Approved and signed this day of May, 2017 at o'clock p.m. William A. Dory, Jr.. Mayor Lynda R. Dunbar, Clerk- Treasurer BUILDING AND CONSTRUCTION REGULATIONS Sec. 7 -28 Entry. Upon presentation of proper credentials, the Building Commissioner or his duly authorized representatives may enter, at reasonable times, any building, structure or premises for which a permit has been obtained in the City of Greencastle to perform any duty imposed upon them by this code. (Ord. No. 1997 -3, § 845 -75, 3- 11 -97) Sec. 7 -32 Violations. It shall be unlawful for any person, firm or corporation or entity, whether as owner, contractor, subcontractor, developer, lessee, sub - lessee, or occupant to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, other than fences, in the City of Greencastle or cause or permit the same to be done, contrary to the provisions of this code as amended from time to time. (Ord. No. 1997 -3, § 845 -90, 3- 11 -97) Sec. 7 -34 Remedies. The Building Commissioner shall, in the name of the City of Greencastle, Putnam County, Indiana, bring actions in the Circuit Court or Superior Court of Putnam County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this code. (Ord. No. 1997 -3, § 845 -105, 3- 11 -97) Sec. 7 -35 Enforcement and Appendix C. b. Appendix C APPENDIX C VIOLATION FINE SCHEDULE First Offense Additional Offenses 1. Construction Without 5100.00 Up to 52500.00 /day a Permit 2. Failure to Call for an $100.00 Up to 52500.00/day Inspection/Continuing Work without Proper Inspection and Approval of the Same 3. Occupying dwelling 5100.00 Up to $2500.00 /day (or portion under construction) without a Certificate of Occupancy 4. Use of a Swimming 5100.00 Up to $2500.00 /day Pool without Final Inspection and Approval of the Same 5.. Alteration of 5100.00 Up to $2500.00 /day Construction Dnwings, Methods, and /or Materials without Notification to the Building Commissioner 6. Continuing Work 5100.00 Up to $2 /daY After a Stop Work Order has been Issued 7. Failure to Allow 5100.00 Up to $2500.00 /day Entry per 7 -28 of this Ordinance BUILDING AND CONSTRUCTION REGULATIONS Sec. 7-36. Penalties. In the event any person, firm, corporation or entity shall violate any of the provisions of this code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to obey any lawful order given by the Building Commissioner in connection with the provisions of this code for each such violation, failure or refusal, such person, firm, corporation, or entity shall be fined in any sum not less than 5100.00, nor more than two - thousand, five- hundred dollars (52.500.00) per day. Each day of the violation shall be considered a separate violation. The fines for violations may be cumulative; a person, firm, corporation or entity who commits a violation is subject to the fines for a second and subsequent violations, if the same or another violation is assessed. Such person, firm, corporation, or entity shall further be required to pay any and all costs incurred by the City of Greencastle as a result of violations by said person, firm, corporation or entity of the provisions of this Code and ordinance as amended from time to time, including attorney fees and the like. (Ord. No. 1997 -3, § 845 -110, 3- 11 -97, Ord. No. 2006 -1)