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HomeMy Public PortalAboutOrd 013 Natl Electrical Code 1981 -. ..., ~)"'tJoQ..fd( 0.; f (Published in the Daily Rocore ~June, 1981) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. /3 AN ORDINANCE ADOPTING AND INCORPORATING BY REFERENCE THE NATIONAL ELECTRICAL CODE, PURSUANT TO K.S.A. 12-3009 et. seQ.!. PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE AND PROVIDING FOR THE PROSECUTION OF VIOLATION AND PENALTY THEREOF. Be It Ordained by the Governing Body of the City of Bel Aire, Kansas: That the following described is hereby adopted for the City of Bel Aire. Section 1. The National Electrical Code, Edition of 1981, (NFPA No. 70-1981) a standard for electric wiring and apparatus, as recommended by the National Fire Protection Association, 470 Atalantic Avenue, Boston, Massachusetts, 03310, is hereby incorporated by reference and made a part of this Ordinance as if fully set out herein. Section 2. Not less than three (3) copies of the National Electrical Code, Edition of 1981, stamped "Offical Copy as adopted by Ordinance No. " shall be left on file in the office of the City Clerk for inspection and use of the public at all reasonable business hours. Section 3. The adoption of the rules and regulations for the enforcement of this Ordinance shall be by the City Council of the City of Bel Aire or their duly authorized representatives. The authority to promulgate and approve such rules and regulations may be made as are necessary to carry out the purposes of the National Electrical Code, 1981 Edition, and such rules and regulations shall be effective upon approval by the City Council. Section 4. Administration and Enforcement. The Administration and Enforcement of this Code shall be vested in the City of Bel Aire or their duly authorized representative. All rules and regulations concerning this Code shall be authorized by the City including the issuance of permits and the collection of fees. Section 5. Permits to install wiring-Fees. It shall be unlawful for any person to do or cause or permit to be done, any electrical wiring for light, heat, or power within any building or on any premises in the City of Bel Aire, Kansas, without first obtaining a permit from the City Clerk. Application for permits shall be made on forms furnished by the Clerk, duly executed and signed by a person properly authorized to obtain permits for the applicant, which application may be presented in person or by mail, accompanied by the required fee. Any person who installs any electrical wiring for which a permit and inspection are required and who fails to report the same as ready for inspection when such work is completed shall pay a special permit fee of double the amount of the regular fees (minimum fee Ten Dollars $10.00). Where extra inspections are made becuase of faulty construc- tion or failure to make necessary repairs, a charge of Ten Dollars ($10.00) shall be made. Section 6. Permits Not Authority to Violate Code. The issuance or granting of a permit shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this Ordinance. No permit presuming to give authority to violate or cancel the provisions of this Ordinance shall be valid, except insofar as the work or use which it authorizes is lawful. -2- Section 7. Permits-Expiration-New Permit Required. Every permit issued under the provisions of this Ordinance shall expire by limitation and become null and void if the work authorized by the permit is not started within six months from the date of such permit and the work diligently executed, or if the work authorized by such permit is suspended or abandoned at.any time after the work is started, for a period of six months. Before such work can be resumed, a permit shall first be secured\ for the unfinished portion of the work. Section 8. Violations. Notice of violation shall be served upon the owner of record; provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him personally, or if not found, by leaving a copy thereof at his ,~: ~ ~ usual place of abode with a person of suitable age and discretion who shall be informed of the contents thereof, or by sending a copy thereof by mail to his last known address, or if the letter with the copy is returned showing it has not been delivered to him, by posting a copy thereof in a conspicuous place in or about the structureCs) affected by the notice. Section 9. Service of Notice. Whenever the City ot its author- ized representative determines that there has been or is a violation, or that there are reasonable groonds to believe that there has been or is a violation of any provision of this Ordinance, notice of such violation or alleged violation shall be given to the person or persons responsible therefor. Such notice shall: 1. Be in writing; -3- 2. Include a description of the real estate sufficient for identification; 3. Specify the violation which exists and the remedial action required; 4. Allow a reasonable time for the performance of any act it requires. Section 10. Prosecution of Violation. In case any violation order is not promptly1complied with, the City of Bel Aire or its author- ized representative may institute an appropriate action or proceedin~ at law or in equity against the person responsible for the violation, ordering him: 1. To restrain, correct or remove the violation or refrain from any further execution of work; 2. To restrain or correct the erection, installation or alteration of such building; 3. To require the removal or work in violation; 4. To prevent the occupation or use of the building, structure, or part thereof erected, constructed, installed or altered in violation of, or not in compliance with the provisions of this Ordinance, or in violation of a plan or specifi- cations under which an approval, permit or certificate was issued; or 5. To enforce the penalty provisions of this Code. Section 11. Penalty for Violations. Any person, firm or corporation who shall be convicted in a court of competent judiscition -4- .' ~~~,';; ~for violating any provision of this Ordinance shall be deemed guilty of a Class C misdemeanor and in accordance with K.S.A. 21-4502 and K.S.A. 21-4503 shall be subject to a definite term of confinement which shall be fixed by the court and shall not exceed one (1) month and/or sentenced to pay a fine which shall be fixed by the Court, a sum not to exceed Five Hundred Dollars ($500.00). Each day that any violation of this Ordinance occurs after due notice has been served in accordance with terms and provisions hereof, shall constitute a separate offense and shall be punishable thereinafter as a separate violation. Section 12. This Ordinance s~all take effect and be in force from and after its publication in the offical City publication. Passed by the City Council this ~day of June, 1981. Approved by the Mayor this~day of June, 1981. 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