HomeMy Public PortalAboutOrd 015 Unif Mechanical Code 1979
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(Published in the Daily~~, June, 1981)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. /5
AN ORDINANCE ADOPTING AND INCORPORATING BY
REFERENCE THE UNIFORM MECHANICAL CODE, PURSUANT
TO K.S.A. 12-3009 et. seq. PROVING 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 Uniform Mechanical Code, Edition of 1979, a standard
for heating, ventilating, cooling and refrigeration as recommended by
the International Association of Plumbing and Mechanical Officials,
'5032 Alhambra Avenue, Los Angeles, California, 90032 and the International
Conference of Building Officals, 5360 South Workman Mill Road, Whittier,
California, 90601, 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 Uniform Mechanical
Code, Edition of 1979, stamped "Official Copy as adopted by Ordinance
No. /5 " 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 Uniform Mechanical
Code, 1979 Edition, and such rules and regulations shall be effective
upon approval by the City Council.
Section 4. Administration and Enforement. The Administration
and Enforcment 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 -Fees. It shall be unlawful for
any person to do or cause or permit to be done, any construction, install-
ation, alteration, or repair of heating, ventillating, cooling and
refrigeration systems 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 constructs, installs, alters or repairs any heating,
ventillating, cooling or refrigeration system 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 because of faulty construction 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 authorized is lawful.
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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 structure(s) 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 g~ds 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;
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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 promptly complied with, the City of Bel Aire or its author-
ized representative may institute an appropriate action or proceeding
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
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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 shall take effect and be in force
from and after its publication in the offical City publication.
Passed by the City Council this JAI'ld. day of June, 1981.
Approved by the Mayor this:btd day of June, 1981.
ATTEST: f~ L
CITY CLERK
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