A.

Building commissioner.

1.

Duties. It shall be the duty of the building commissioner to enforce this ordinance. The building commissioner shall receive applications required by this ordinance, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He shall enforce all laws relation to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He shall, when requested by the mayor or council, or when the interests of the municipality so require, make investigations in connection with matters referred to in this ordinance and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue such notices or orders as maybe necessary.

2.

Inspections. Inspections shall be made by the building commissioner or a duly appointed assistant.

3.

Rules. For carrying into effect its provisions, the building commissioner may adopt rules consistent with this ordinance.

4.

Records. The building commissioner shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the building commissioner.

5.

Cooperation of other officials. The building commissioner may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the engineer in fixing grades, of the chief of the Department of Public Safety in enforcing orders, of the attorney in prosecuting violation, and of other officials.

B.

Permits.

1.

When required. It shall not be lawful to construct, alter, repair, remove or demolish, or to commence the construction, alteration, removal or demolition of a building or structure, without first filing with the building commissioner an application in writing and obtaining a valid permit.

2.

Application for a permit. Shall be submitted in such form as the building commissioner may prescribe. Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit fee, it shall be accompanied by a duly verified affidavit that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and of the owner, and if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such additional information as may be required by building commissioner for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of such fees: $0.15 (fifteen cents) per finished square foot, $0.10 (ten cents) per all other structures.

(a)

Plans. Application for permits shall be accompanied by such drawings as the building commissioner may require of the proposed work, drawn to scale, including floor plans, sections, elevations and structural details.

(b)

Plat diagram. When required by the building commissioner, there shall also be filed a plat diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions and figures, showing accurately the size and exact location of all proposed new construction, or in the case of demolition, of such construction, as is to be demolished, and of all existing buildings; prepared by and signed by a registered surveyor, engineer or architect.

(c)

Amendments. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

(d)

Completion of existing buildings. Nothing contained in this ordinance shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date of this ordinance; provided, however, construction under such permit or approval shall have been started within six (6) months and the ground story framework, including structural parts of the second floor, shall have been completed within one year and the entire building completed within two (2) years after the effective date of this ordinance.

(e)

Action on application/Non-Commercial Construction. It shall be the duty of the building commissioner to examine applications for non-commercial construction for determination of issuance of permits within a reasonable time after filing of such application, such time not to exceed two weeks except on a showing of good cause by the building commissioner. If, after examination, the building commissioner finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, the building commissioner shall approve such application and issue a permit for the proposed work as soon as practicable, provided that no permit shall be issued in any district in which an application for a modification in zoning has been made for a period of ninety (90) days after such application has been made. If the examination reveals otherwise, the building inspector shall reject such application, noting his findings in a report to be attached to the application and delivering a copy to the applicant.

(f)

Action on application/Commercial Construction. It shall be the duty of the building commissioner to examine applications (which application shall include applicant's plans related to the proposed commercial construction) for commercial construction permits within a reasonable time after filing, such time not to exceed two weeks except on a showing of good cause by the building commissioner. After examination of such application by the building commissioner, the building commissioner shall make a recommendation to the Board of Alderman shall meet within thirty (30) days of receipt of the recommendation from the building commissioner and shall review the application for a commercial construction permit. The Board of Aldermen shall make the final determination concerning the issuance of a commercial construction permit and notify the applicant of their decision, in writing. The appeal right of the applicant shall be an appeal to the Circuit Court of Callaway County, Missouri, in accordance with the provisions of Section IX(E) of Ordinance No. 352.

3.

Permit issuance/Non-Commercial Construction.

(a)

Approval in part. Nothing in this section shall be construed to prevent the building commissioner from issuing a permit for the construction or part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with this ordinance.

(b)

Condition of the permit. All work performed under a permit issued by the building commissioner shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plat diagram, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plat diagram has been filed and has been used as the basis for a permit, unless a revised plat diagram showing the proposed change in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

(c)

Signature on permit. Every permit issued by the building commissioner under the provisions of this ordinance shall have his signature affixed thereto; but this shall not prevent him from authorizing a subordinate to affix such signature.

(d)

Terms of permit. The term of the permit shall be one year, except when extended by the building inspector.

(e)

Posting of permit. A copy of the permit shall be kept on the premises open to the public inspection during the prosecution of the work and until the completion of same. The building commissioner may require a certified copy of the approved plans to be kept on the premises at tall times from the commencement of the work to the completion thereof. The building commissioner shall be given at least twelve (12) hours' notice of the starting of work under a permit.

(f)

Revocation. The building commissioner may revoke a permit or approval issued under the provisions of this ordinance in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

C.

Certificate of occupancy for building.

1.

General. No building shall be occupied before a certificate of occupancy has been issued. A certificate of occupancy for a new building or the reconstruction or structural alteration of an existing building shall be issued within three (3) days after the request for same shall have been made in writing to the building commissioner after the erection or alteration of such building or part thereof shall been completed, in conformity with the provisions of these regulations. Immediately upon vacating of any dwelling or dwelling unit, including but not limited to: mobile homes, trailers, or a double wide, the owner or his agent shall notify the building commissioner in writing. Within three (3) days, the building commissioner shall inspect the building and ground to ensure that they conform to the City Health Code, and shall set out in writing his approval or disapproval which disapproved portion must be made to conform before the building or land is occupied.

2.

Content of certificate of occupancy. A certificate of occupancy shall state that the building or proposed use of a building complies with all the building and health laws and ordinances and with the provisions of these regulations. The original certificate shall be given to the property owner, one copy shall be provided the board of public works and one copy shall be kept on file in the office of the building inspector. No fee shall be charged for a certificate of occupancy.

3.

Certificate of occupancy for nonconforming uses. A certificate of occupancy shall be required for all nonconforming uses. Application for such certificate for nonconforming uses shall be filed with the City Clerk within twelve (12) months from the effective date of this ordinance.