The edition that is currently adopted and in force of the International Property Maintenance Code, published by the International Code Council, as hereinafter modified, is hereby adopted as the housing code of the city and is hereby made a part of this Code. A copy of such edition of the International Property Maintenance Code is filed with the city clerk.

(ULDC 2005, § 9-20-1-1)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the International Building Code, as published by the International Code Council and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of buildings and structures in the city, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Building Code, current edition adopted by the board of community affairs of the state, with state amendments, published by the International Code Council on file in the office of the city clerk, are hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(ULDC 2005, § 9-20-1-2)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the National Electrical Code, current edition, as adopted by the board of community affairs of the state, as published by the National Fire Prevention Association is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, mechanical, lighting and power systems in the city, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such National Electrical Code, current edition, with state amendments, published by the National Fire Prevention Association, on file in the office of the city clerk, are hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(ULDC 2005, § 9-20-1-3)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the International Fire Code, current edition adopted by the board of community affairs of the state, with state amendments, as published by the International Code Council, is hereby adopted as the code of the city for regulating and governing the safeguarding of life and property from fire and explosion, hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city and providing for the issuance of permits or hazardous uses or operations; and each and all of the regulations, provisions, conditions and terms of such fire code on file in the office of the city clerk are hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(ULDC 2005, § 9-20-1-4)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the International Fuel Gas Code, current edition, adopted by the board of community affairs of the state with state amendments, as published by the International Code Council, Inc., is hereby adopted as the code of the city for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said fuel gas code are hereby referred to, adopted and made a part hereof, as if fully set out in this Code.

(ULDC 2005, § 9-20-1-5)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the International Mechanical Code, with state amendments, current edition adopted by the board of community affairs of the state, as published by the International Code Council, is hereby adopted as the code of the city, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the city and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code current edition, with state amendments, published by the International Code Council on file of the office of the city clerk, are hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(ULDC 2005, § 9-20-1-6)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the International Plumbing Code current edition, with state amendments, adopted by the board of community affairs of the state, as published by the International Code Council is hereby adopted as the plumbing code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the city and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, current edition, with state amendments, published by the International Code Council on file in the office of the city clerk are hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(ULDC 2005, § 9-20-1-7)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the International Residential Code, current edition, with state amendments, adopted by the board of community affairs of the state, as published by the International Code Council, is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two-family dwellings and townhouses not more than three stories in height in the city, and providing for the issuance of permits and collection of fees therefor; and each and all regulations, provisions, conditions and terms of such International Residential Code, current edition, with state amendments, published by the International Code Council on file in the office of the city clerk are hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(ULDC 2005, § 9-20-1-8)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the International Energy Conservation Code, current edition, with state amendments, adopted by the board of community affairs of the state, as published by the International Code Council, with state amendments, is hereby adopted as the code of the city, regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, mechanical, lighting and power systems in the city, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Energy Conservation Code, current edition, with state amendments, published by the International Code Council on file in the office of the city clerk, are hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(ULDC 2005, § 9-20-1-9)

That certain document, one copy of which is on file in the office of the city clerk, being marked and designated as the International Pool and Spa Code, with state amendments, current edition adopted by the board of community affairs of the state, as published by the International Code Council, is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the swimming pools in the city, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions, and terms of such Code, current edition by the International Code Council, on file in the office of the city clerk, is hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(1)

Previously existing pools. Nothing contained herein shall apply to any pool in existence or under construction as of the effective date of the ordinance from which this article is derived; provided, however, that all swimming pools in the city shall comply with section 315 (Required Enclosure) of the International Pool and Spa Code on or before September 31, 1992.

(2)

Abrogation and greater restrictions. Should any requirement or design standard of such Code conflict in any manner with any other law, rule or regulation of any local, state of federal regulation, applicable to the city then the stricter law, rule or regulation shall be applied. It is not intended by this article to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where these articles imposes a greater restriction upon the use of property or premises than is imposed or required by other resolutions, rules and regulations, or by easements, covenants, or agreements, the provisions of this article shall govern.

(ULDC 2005, § 9-20-1-10)

The edition of the NFPA 101 Life Safety Code that is adopted by the state and in force is adopted, save and except such portions as hereinafter deleted, modified or amended of which a copy has been and is now filed in the office of the clerk of the city council, and same is hereby adopted and incorporated as fully as if set out at length herein. The Life Safety Code shall only apply to and govern those buildings and structures listed in the O.C.G.A. § 25-2-13(a) and (b), as amended. The provisions of this article shall govern all other buildings and structures.

(ULDC 2005, § 9-20-1-11)

The legal occupancy of any structure existing on the date of adoption of the ordinance from which this article is derived or its predecessor article shall be permitted to continue without change, except as is specifically covered in this article, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

(ULDC 2005, § 9-20-1-12)

The latest revision of the Georgia Stormwater Management Manual (GSMM) is hereby adopted and incorporated for regulating the design, construction, quality of materials, installation, alteration, repair, location, relocation, replacement, addition to use or maintenance of stormwater facilities in the city and providing for the issuance of permits and collection of fees therefor, in addition to sections in this article. Each and all of the regulations, provisions, conditions and terms of such Georgia Stormwater Management Manual, latest edition, published by Atlanta Regional Commission are hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(Ord. No. 2020-42, § XL, 11-3-2020)

(a)

All that portion of the city bounded by the following named streets, alleys, avenues and lanes, as hereinafter set forth, is hereby defined and shall hereafter be known as and constitute the fire limits of the city and which is also shown on the fire limits map which is on file in the office of the city clerk, and hereby referred to and made a part of this chapter as if fully set out in this Code:

0 Main Street Southwest, Gainesville, Ga. 30501; 100 Main Street Southwest, Gainesville, Ga. 30501; 100 Washington Street Northwest, Gainesville, Ga. 30501; 101 Bradford Street Southeast, Gainesville, Ga. 30501; 101 Washington Street, Gainesville, Ga. 30501; 102 Washington Street Northwest, Gainesville, Ga. 30501; 104 Main Street Southwest, Gainesville, Ga. 30501; 104 Washington Street Northwest, Gainesville, Ga. 30501; 105 Bradford Street Southeast, Gainesville, Ga. 30501; 106 Spring Street Southwest, Gainesville, Ga. 30501; 106 Washington Street Northwest, Gainesville, Ga. 30501; 107 Bradford Street Southeast, Gainesville, Ga. 30501; 107 Washington Street Northeast, Gainesville, Ga. 30501; 108 Bradford Street Northeast, Gainesville, Ga. 30501; 108 Washington Street Northwest, Gainesville, Ga. 30501; 109 Bradford Street Southeast, Gainesville, Ga. 30501; 109 Green Street Northeast, Gainesville, Ga. 30501; 109 Washington Street Northeast, Gainesville, Ga. 30501; 110 Main Street Southwest, Gainesville, Ga. 30501; 110 Maple Street Southwest, Gainesville, Ga. 30501; 111 Bradford Street Southeast, Gainesville, Ga. 30501; 111 Main Street Northwest, Gainesville, Ga. 30501; 111 Spring Street Southeast, Gainesville, Ga. 30501; 111 Washington Street Northeast, Gainesville, Ga. 30501; 111 Washington Street Southwest, Gainesville, Ga. 30501; 112 Bradford Street Northeast, Gainesville, Ga. 30501; 112 Main Street Southwest, Gainesville, Ga. 30501; 113 Bradford Street Southeast, Gainesville, Ga. 30501; 113 Washington Street Northeast, Gainesville, Ga. 30501; 114 Washington Street Northwest, Gainesville, Ga. 30501; 114Washington Street Southeast, Gainesville, Ga. 30501; 115 Bradford Street Northwest, Gainesville, Ga. 30501; 115 Bradford Street Southeast, Gainesville, Ga. 30501; 115 Washington Street Northeast, Gainesville, Ga. 30501; 116 Bradford Street Northeast, Gainesville, Ga. 30501; 116 Spring Street Southeast, Gainesville, Ga. 30501; 117 Bradford Street Southeast, Gainesville, Ga. 30501; 117 Jesse Jewell Parkway Southeast, Gainesville, Ga. 30501; 118 Bradford Street Northeast, Gainesville, Ga. 30501; 118 Washington Street Northwest, Gainesville, Ga. 30501; 119 Main Street Northwest, Gainesville, Ga. 30501; 119 Washington Street Northeast, Gainesville, Ga. 30501; 120 Bradford Street Northeast, Gainesville, Ga. 30501; 121 Bradford Street Northwest, Gainesville, Ga. 30501; 121 Spring Street Southeast, Gainesville, Ga. 30501; 121 Washington Street Northeast, Gainesville, Ga. 30501; 122 Bradford Street Northeast, Gainesville, Ga. 30501; 122 Maple Street Northwest, Gainesville, Ga. 30501; 123 Main Street Northwest, Gainesville, Ga. 30501; 124 Main Street Northwest, Gainesville, Ga. 30501; 125 Main Street Northwest, Gainesville, Ga. 30501; 126 Bradford Street Northeast, Gainesville, Ga. 30501; 127 Main Street Northwest, Gainesville, Ga. 30501; 129 Bradford Street Northwest, Gainesville, Ga. 30501; 130 Bradford Street Northeast, Gainesville, Ga. 30501; 131 Bradford Street Northwest, Gainesville, Ga. 30501; 131 Green Street Northeast, Gainesville, Ga. 30501; 132 Bradford Street Northeast, Gainesville, Ga. 30501; 200 Broad Street Southwest, Gainesville, Ga. 30501; 200 Main Street Southwest, Gainesville, Ga. 30501; 200 Washington Street Northwest, Gainesville, Ga. 30501; 201 Green Street Northeast, Gainesville, Ga. 30501; 202 Bradford Street Northeast, Gainesville, Ga. 30501; 210 Washington Street Northwest, Gainesville, Ga. 30501; 212 Spring Street Southwest, Gainesville, Ga. 30501; 215 Bradford Street Northwest, Gainesville, Ga. 30501; 220 Main Street Southwest, Gainesville, Ga. 30501; 222 Main Street Southwest, Gainesville, Ga. 30501; 224 Main Street Southwest, Gainesville, Ga. 30501; 226 Main Street Southwest, Gainesville, Ga. 30501; 300 Spring Street Southwest, Gainesville, Ga. 30501; 301 Main Street Southwest, Gainesville, Ga. 30501; 301 Washington Street Southwest, Gainesville, Ga. 30501; 302 Spring Street Southwest, Gainesville, Ga. 30501; 303 Washington Street Southwest, Gainesville, Ga. 30501; 304 Spring Street Southwest, Gainesville, Ga. 30501; 308 Spring Street Southwest, Gainesville, Ga. 30501; 320 Spring Street Southwest, Gainesville, Ga. 30501; 322 Spring Street Southwest, Gainesville, Ga. 30501.

(b)

All matters pertaining to structural conditions of buildings within the fire limits shall be in compliance with appendix D of the International Building Code, current edition, adopted by the department of community affairs of the state, and which is on file in the office of the city clerk, and hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(ULDC 2005, § 9-20-2-1; Ord. No. 2022-10, § I, 3-15-2022)

(a)

Any person who shall violate any of the provisions of the fire code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of an offense, and shall be punished as provided in section 1-1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

(b)

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(ULDC 2005, § 9-20-2-2)

(a)

The International Fire Code shall be enforced by the bureau of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department.

(b)

The chief of fire prevention (fire marshal) in charge of the bureau of fire shall be appointed by the city manager.

(c)

The chief of the fire department may detail and appoint such members of the fire department as inspectors and technical inspectors as shall from time to time be necessary.

(d)

A report of the bureau of fire prevention shall be made annually and transmitted to the chief of the fire department of the city; it shall contain all proceedings under this code, with such statistics as the chief of the fire department may wish to include therein; the chief of the fire department shall also recommend any amendments to the code which, in his judgment, shall be desirable.

(ULDC 2005, § 9-20-2-3)

The chief of the bureau of fire prevention shall have the power to modify any of the provisions of the International Fire Code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the chief of the bureau of fire prevention thereon, shall be entered upon the records of the department, and a signed copy shall be furnished the applicant.

(ULDC 2005, § 9-20-2-4)

The city manager, the chief of the fire department and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code adopted by this article. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

(ULDC 2005, § 9-20-2-5)

(a)

It shall be unlawful for any person while he is an occupant of a hotel, roominghouse, tourist court or other commercial establishment where rooming accommodations are furnished for hire, to smoke any cigarette, cigar, pipe or other device used for the burning of tobacco or other substances while such person is in bed.

(b)

Reserved.

(ULDC 2005, § 9-20-2-6)

The chief of fire prevention of the fire department of the city is authorized to inspect any building or premises within the corporate limits of the city for the purpose of ascertaining the condition thereof with reference to the presence, arrangement or deposit of any articles, materials, goods, wares and merchandise which may be combustible or inflammable, or endanger any occupant of or person upon the premises, building or structure, and for the purpose of examining the size, arrangement and efficiency of any and all appliances for protection against fire in or upon such premises, building or structure.

(ULDC 2005, § 9-20-2-8)

If the chief of fire prevention, upon inspection of any premises, building or structure, shall find any rubbish, debris, waste or inflammable materials therein or thereon, in violation of this article or shall find articles, materials, substances, goods, wares or merchandise so arranged as to increase the risk of fire or to prevent proper access to or exit from premises, building or structure, either for the occupants of the premises or for the members of the fire department, he may order, in writing, which order shall be directed to the owner or occupant of such premises, and it is hereby made the duty of the owner or person in control of the premises to comply with such order with all reasonable dispatch, the removal of such rubbish, debris, inflammable or combustible materials from such premises, building or structure, or the arrangement and disposition of such goods, wares or merchandise so as to make the premises accessible for firefighting and for exit of persons.

(ULDC 2005, § 9-20-2-9)

If the chief of fire prevention shall, upon inspection, determine that the firefighting equipment provided on the premises is inadequate or insufficient, or if he shall find that the equipment for firefighting in the building, premises or structure is not in good working condition, he shall by an order in writing, direct the owner or person in control of the premises to comply with such order to procure such equipment as he may designate, or to put the equipment in working condition with all reasonable dispatch.

(ULDC 2005, § 9-20-2-10)

No hay, grain, straw, rubbish, lumber or other combustible material shall be stacked, piled or placed within the fire limits of the city, except that the same be placed in a building provided for the storage of same and a permit secured therefor from the chief of fire prevention or his representative.

(ULDC 2005, § 9-20-2-11)

No person shall store or keep in any building or structure within the fire limits of the city any gasoline, benzene or flammable fluid in excess of 50 gallons unless the same is stored or kept within such fire limits when contained in steel barrels tightly closed, and in cans, bottles or containers designed for the sale or for the service of motor vehicles.

(ULDC 2005, § 9-20-2-12)

Any building erected or combustible materials piled contrary to provisions of this article are declared to be a nuisance; and any hay, grain, straw, rubbish, lumber or other combustible material that may be piled, placed or stacked within said fire limits contrary to this article, shall be and is hereby declared a nuisance, and the chief of fire prevention shall upon information thereof give 24 hours' notice to the owner, builder or person in control of the premises of such nuisance, such notice to be in writing, and upon failure of any such persons to comply with such notice, the city shall direct the removal or tearing down of such buildings or structures or piles of hay, grain, straw, rubbish or other combustible materials, and the city shall forthwith execute such order and shall report the cost and expense thereof. Such cost may be collected from the owner, building or person in control of such nuisance by suit in the name of the city before any court having jurisdiction. The same may be assessed against the premises upon which such nuisance was located and collected in due course as a special assessment.

(ULDC 2005, § 9-20-2-13)

Soil erosion and sediment deposition onto lands and into waters in the city are occurring as a result of land clearing, excavation, filling, grading, and construction activities. Such erosion and sediment deposition results in pollution of county waters and damage to domestic agricultural, recreational, fish and wildlife, and other resource uses. This chapter establishes uniform rules and regulations for excavation, filling, and grading activities for all sites with the city and provides for administration and enforcement of such rules and regulations.

(ULDC 2005, § 9-20-3-1)

The rules and regulations for excavation, filling, and grading activities shall in addition to this chapter include articles 9-9, 9-13 and 9-14. Excavation, filling and grading activities are regulated under the state NPDES construction stormwater permit and municipal stormwater permit programs. Design guidelines are found in the GSMM, latest edition. Construction requirements for controlling erosion and sedimentation impacts to stormwater are found in the latest edition of the Manual for Erosion and Sediment Control in Georgia, published by the state soil and water conservation commission.

(ULDC 2005, § 9-20-3-2; Ord. No. 2020-42, § XLI, 11-3-2020)

A permit issued by the city for excavation, grading, or land development, as required by chapter 9-13-7, shall require the owner of the property or his representative to prevent the scattering of earth, rock, vegetation and other debris upon public streets, drainage systems, or private property is restricted or disrupted from normal use or operation or in any way damaged, made unsightly or unsafe by the collection or deposit of mud earth, rock, vegetation or other debris originating at or dislodged by clearing, grading, or construction activities at the construction site.

(ULDC 2005, § 9-20-3-3)

Land development permits shall further require the property owner or his representative to completely clear, unclog and clean any public street or drainage system so affected by clearing, grading or construction activities at the end of each work day and at such other times as so required by the public works department. The property owner or his representative shall be held responsible for violations of this section for a period of not less than two years after the permit is issued; or, after two years, until such time as the property is returned to a stable condition as determined by the public works department. A certificate of completion shall be issued to the applicant after the official makes the determination. Each applicant will provide a performance bond, letter of escrow, irrevocable letter of credit, or other satisfactory security on a form approved by the city manager to ensure that authorized work is accomplished in accordance with the approved permits. The amount is to be determined by the public works department.

(ULDC 2005, § 9-20-3-4)

Unique sites, including extreme cuts/fills, rock blasting, faulting, unstable soils, or other similar geotechnical problems may be required to submit a geologic report certified by a professional engineer registered in the state. Such report shall address monitoring during construction phrase, if required, and shall comply with the latest edition of the Manual for Erosion and Sediment Control in Georgia, published by the state soil and water conservation commission, as amended.

(ULDC 2005, § 9-20-3-5)

Contractors or builders conducting excavation, grading, and filling projects in the city that are not exempted under the provisions of this Code shall comply with chapter 6-2 of the city Code.

(ULDC 2005, § 9-20-3-6)

(a)

The governing authority of the city finds and declares that within the city limits there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and not in compliance with applicable state minimum standard codes as adopted by ordinance or operation of law or any optional building, fire, life safety, or other codes relative to the safe use of real property and real property improvements adopted by ordinance in the city; or general nuisance law and which constitute a hazard to the health, safety, and welfare of the people of the city and the state; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures.

(b)

It is further found and declared that in the city where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of the city and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. The governing authority of the city finds that there exist in the city dwellings, buildings, or structures which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and which are not in compliance with applicable codes; which have defects increasing the hazards of fire, accidents, or other calamities; which lack adequate ventilation, light, or sanitary facilities; or other conditions exist rendering such dwellings, buildings or structure unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of the city, or vacant, dilapidated dwellings, buildings, or structures in which drug crimes are being committed, and private property exists constituting an endangerment to the public health or safety as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity of the property.

(c)

It is the intention of the governing authority that this section shall comply with and does comply with O.C.G.A. § 41-2-9(a) as a finding that conditions as set out in O.C.G.A. § 41-2-7 exist within the city.

(ULDC 2005, § 9-20-4-1; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicable codes means:

(1)

Any optional housing or abatement standard provided in O.C.G.A. title 8, ch. 2 (O.C.G.A. § 8-2-1 et seq.) as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law or general nuisance law, relative to the safe use of real property;

(2)

Any fire or life safety code as provided for in O.C.G.A. title 25, ch. 2 (O.C.G.A. § 25-2-1 et seq.); and

The minimum standard codes provided in O.C.G.A. title 8, ch. 2 (O.C.G.A. § 8-2-1 et seq.) after October 1, 1991, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law.

City means the City of Gainesville, Georgia.

Closing means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry.

Decentralized wastewater system means a closed-loop system designed or used to receive sewage from a building sewer and to affect separation and organic decomposition of sewerage solids, and discharging sewage effluent to an absorption field or other management system. The term "decentralized wastewater system" is also referred to as an on-site wastewater disposal system or septic tank.

Drug crime means an act, which is a violation of O.C.G.A. title 16, chapter 13, article 2 (O.C.G.A. § 16-13-20 et seq.), known as the Georgia Controlled Substances Act.

Dwellings, buildings, or structures means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in this chapter, the term "dwellings, buildings, or structures" shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Governing authority means the city council of the City of Gainesville.

Interested parties means:

(1)

An owner;

(2)

Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the state bar;

(3)

Those parties having filed a notice in accordance with O.C.G.A. § 48-3-9;

(4)

Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of court. Interested parties shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded which interest shall remain unaffected; and

(5)

Persons in possession of said property and premises.

Owner means the holder of the title in fee-simple and every mortgagee of record.

Public authority means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the city, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality.

Public officer means the officer who are authorized by this chapter to exercise the powers prescribed by this chapter or any agent or designee of such officer.

Repair means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes of the city and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.

Resident means any person residing in the city on or after the date on which the alleged nuisance arose.

Utilities means all public, private, and municipal, above or below ground, infrastructure systems providing water, stormwater, sanitary sewer, natural gas, electricity, telecommunications, cable television or Internet, or any other service controlled by the state public services commission.

(ULDC 2005, § 9-20-4-2; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008; Ord. No. 2020-42, § XLII, 11-3-2020)

State Law reference— Similar provisions, O.C.G.A. § 41-2-8.

It is the duty of the owner of every dwelling, building, structure, or property within the city to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the city, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure or property in violation of such codes or ordinances.

(ULDC 2005, § 9-20-4-3; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008)

State Law reference— Required provisions, O.C.G.A. § 41-2-9(a)(1).

The city council appoints and designates the chief building inspector, the city fire marshal, the city fire chief, the city police chief, the city marshal, and his designees as public officers to exercise the powers prescribed by this chapter.

(ULDC 2005, § 9-20-4-4; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008)

State Law reference— Required provisions, O.C.G.A. § 41-2-9(a)(2).

(a)

Whenever a request is filed with the public officer by a public authority or by at least five residents of the city charging that any dwelling, building, or structure is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property.

(b)

If the officer's investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause a summons and a copy of the complaint to be served on the owner and interested parties in such dwelling, building, or structure.

(c)

The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the interested parties; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the interested parties that a hearing will be held before a court of competent jurisdiction as determined by O.C.G.A. § 41-2-5, at a date and time certain and at a place within the city. Such hearing shall be held not less than 15 days or more than 45 days after the filing of said complaint in the proper court. The interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing.

(d)

If, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state, in writing, findings of fact in support such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing an order:

(1)

If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes;

(2)

If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property; or

(3)

For purposes of this section, the court shall make its determination of reasonable cost in relation the present value of the dwelling, building, or structure without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. The income and financial status of the owner shall not be factor in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a state appraiser classification as provided in O.C.G.A. title 43, ch. 39A (O.C.G.A. § 43-39A-1 et seq.), qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the city.

(e)

If the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure, to be repaired, altered, improved, to be vacated and closed, or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to O.C.G.A. § 41-2-13 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:

"This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes and endangerment to the public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful."

(f)

If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any monies received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and the city are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials.

(g)

The amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the city tax collector and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred.

(1)

The city tax collector, shall have the power to attach a lien provided for in this section to the real property upon the filing of a certified copy of the order requiring repair, closure or demolition in the office of the clerk of superior court of the county and shall relate back to the date of the filing of the lis pendens notice required under O.C.G.A. § 41-2-12(c). The clerk of superior court shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid.

(2)

Upon final determination of costs, fees, and expenses incurred in accordance with this chapter, the public officer responsible for enforcement actions in accordance with this chapter shall transmit to the city tax collector a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall be transmitted within 90 days of completion of the repairs, demolition, or closure. The city tax collector shall collect the amount of the lien using all methods available for collecting real property ad valorem taxes, including specifically O.C.G.A. title 48, ch. 4 (O.C.G.A. § 48-4-1 et seq.); provided, however, that the limitation of O.C.G.A. § 48-4-78 which requires 12 months of delinquency before commencing tax foreclosure shall not apply. The city tax collector shall remit the amount collected to the finance department of the city.

(3)

Enforcement of liens pursuant to the chapter may be initiated at any time following receipt by the city tax collector of the final determination of costs in accordance with this chapter. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to O.C.G.A. § 8-4-78 for delinquent ad valorem taxes may include all amounts due under this chapter.

(4)

The redemption amount in any enforcement proceeding pursuant to this section shall be the full amount of the costs as finally determined in accordance with this section together with interest, penalties, and costs incurred by the city tax collector in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of O.C.G.A. §§ 48-4-80 and 48-4-81.

(h)

The city may waive and release any such lien imposed on property upon the owner of such property entering into a contract with the city agreeing to a timetable for rehabilitation of the real property of the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation.

(i)

Where the abatement action does not commence in the superior court, review of a court order of the municipal court of the city requiring the repair, alteration, improvement, or demolition of a dwelling, building, or structure shall be by direct appeal to the superior court under O.C.G.A. § 5-3-29.

(j)

The public officers designated herein may issue citations for violations of state minimum standard codes, optional building, fire, life safety, and other codes adopted by ordinance, and conditions creating a public health hazard or general nuisance, and may seek to enforce such citation in court of competent jurisdiction prior to issuing a complaint in rem as provided in this section.

(k)

Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(ULDC 2005, § 9-20-4-5; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008)

State Law reference— Similar provisions, O.C.G.A. § 41-2-9.

(a)

The public officer may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of the city. Such conditions may include the following (without limiting the generality of the foregoing):

(1)

Defects therein increasing the hazards of fire, accidents or other calamities;

(2)

Lack of adequate ventilation, light, or sanitary facilities;

(3)

Dilapidation;

(4)

Disrepair;

(5)

Structural defects;

(6)

Uncleanliness; and

(7)

Other additional standards, which may from time to time by adopted and referenced herein by ordinance amendment.

(b)

The public officer may determine, under existing ordinances, that a dwelling, building, or structure is vacant, dilapidated, and being used in connection with the commission of drug crimes based upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed.

(ULDC 2005, § 9-20-4-6; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008; Ord. No. 2020-42, § XLIII, 11-3-2020)

State Law reference— Authority for above section, O.C.G.A. § 41-2-10.

The public officer designated in this chapter are authorized to exercise such power as may be necessary or convenient to carry out and effectuate the purposes and provisions of sections 9-20-4-1 through 9-20-4-6, this section, and sections 9-20-4-8 through 9-20-4-10, including the following powers in addition to others granted in sections 9-20-4-1 through 9-20-4-6 and 9-20-4-8 through 9-20-4-10:

(1)

To investigate the dwelling conditions in the city in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes;

(2)

To administer oaths and affirmations, to examine witnesses, and to receive evidence;

(3)

To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;

(4)

To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this section; and

(5)

To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.

(ULDC 2005, § 9-20-4-7; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008)

State Law reference— Authority for above section, O.C.G.A. § 41-2-110.

(a)

Complaints issued by a public officer pursuant to this chapter shall be served in the following manner:

(1)

At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identities and addresses are reasonably ascertainable.

(2)

Copies of the complaint shall also be mailed by first class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing.

(b)

For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff's advertisements appears in such county once a week for two consecutive weeks prior to the hearing.

(c)

A notice of lis pendens shall be filed in the office of the clerk of superior court of the county at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law.

(d)

Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this section on any interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings.

(ULDC 2005, § 9-20-4-8; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008)

State Law reference— Similar provisions, O.C.G.A. § 41-2-11.

Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of any charter provision or ordinance or regulation, nor to prevent or punish violations thereof; and the powers conferred by this chapter shall be in addition to and supplemental to the powers conferred by any other law or ordinance.

(ULDC 2005, § 9-20-4-9; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008)

Any person affected by an order issued by the public officer may petition to the superior court for an injunction restraining the public officer from carrying out the provision of the order and the court may, upon such petition, issue a temporary injunction restraining the public officer pending the final disposition of the cause; provided, however, that such person shall present such petition to the court within 15 days of the posting and service of the order of the public officer. De novo hearings shall be had by the court on petitions within 20 days. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require; provided, however, that it shall not be necessary to file bond in any amount before obtaining a temporary injunction under this section.

(ULDC 2005, § 9-20-4-10; Ord. No. 2007-53, § I, 11-20-2007; Ord. No. 2008-02, § I, 2-19-2008; Ord. No. 2013-02, § I, 3-5-2013)

State Law reference— Similar provisions, O.C.G.A. § 41-2-13.

Nothing in this chapter shall be construed as preventing the owner of any property from receiving just compensation for the taking of such property by the power of eminent domain under the laws of this state nor as permitting any property to be condemned or destroyed except in accordance with the police power of the state.

(ULDC 2005, § 9-20-4-11; Ord. No. 2008-02, § I, 2-19-2008; Ord. No. 2013-02, § II, 3-5-2013)

State Law reference— Similar provisions, O.C.G.A. § 41-2-14.

The city is authorized to make such appropriations from its revenues as it may deem necessary and may accept and apply grants or donations to assist it in carrying out the provisions of ordinances adopted in connection with the exercise of the powers granted under this chapter.

(ULDC 2005, § 9-20-4-12; Ord. No. 2008-02, § I, 2-19-2008; Ord. No. 2013-02, § III, 3-5-2013)

State Law reference— Similar provisions, O.C.G.A. § 41-2-15.

The building official is hereby authorized and directed to enforce the provisions of this article and all of the codes adopted in this article. The building official shall have the authority to render interpretations of this article and the codes adopted in this article and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this article. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code.

(ULDC 2005, § 9-20-5-1)

The building official shall receive applications, review construction documents and issue permits for the erection and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this article and the codes adopted in this article.

(ULDC 2005, § 9-20-5-2)

The building official shall issue all necessary notices or orders to ensure compliance with this article and the codes adopted in this article.

(ULDC 2005, § 9-20-5-3)

Inspections required under the provisions of the building code shall be made by the building official or his duly appointed assistant. The building official may accept reports of inspectors and recognized inspection services after investigation of their qualifications and reliability. Any such reports of inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. No certificate called for by any provision of the building code shall be issued on such reports unless the same are in writing and certified to by a responsible inspector or such service.

(ULDC 2005, § 9-20-5-4)

The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.

(ULDC 2005, § 9-20-5-5)

Where it is necessary to make an inspection to enforce the provisions of this Code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that, if such structure or premises is occupied, that credentials be presented to the occupant and entry requested. If such structure or premises were unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

(ULDC 2005, § 9-20-5-6)

The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

(ULDC 2005, § 9-20-5-7)

The building official shall devote his whole time to the duties of this office. He shall receive applications required by this Code, 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 and that construction is prosecuted safely. He shall enforce all provisions of the building code and other codes adopted in this article. He shall, when required by the proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the building code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary.

(ULDC 2005, § 9-20-5-8)

The city building official is authorized to do any act or take any action, which is authorized by the state Construction Industry Licensing Board Act.

(ULDC 2005, § 9-20-5-9)

The building official may request and shall receive so far, as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the city.

(ULDC 2005, § 9-20-5-10)

The building official shall be appointed by the city manager.

(ULDC 2005, § 9-20-5-11)

The building inspections department is hereby created and the official in charge thereof shall be known as the building official.

(ULDC 2005, § 9-20-5-12)

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the city manager, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the International Property Maintenance Code.

(ULDC 2005, § 9-20-5-13)

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. The use of used materials, which meet the requirements of this Code for new materials, is permitted. Used equipment and devices shall not be reused unless approved by the building official.

(ULDC 2005, § 9-20-5-14)

Wherever there are practical difficulties involved in carrying out the provisions of this Code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this Code impractical and the modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the building inspections department.

(ULDC 2005, § 9-20-5-15)

The provisions of this article and the codes adopted in this article are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this article or a code adopted here under, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this article and the intent of the applicable code adopted by this article, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

(ULDC 2005, § 9-20-5-16)

Whenever there is insufficient evidence of compliance with the provisions of this article, or evidence that a material or method does not conform to the requirements of this article or the codes adopted here under, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this article or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. The building official shall retain reports of such tests for the period required for retention of public records.

(ULDC 2005, § 9-20-5-17)

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by a code adopted in this article, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

(ULDC 2005, § 9-20-6-1)

Exemptions from permit requirements of this article and codes adopted in this article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this article, codes adopted hereunder, or any other laws or ordinances of the city.

(ULDC 2005, § 9-20-6-2)

Building permits shall not be required for the following:

(1)

One-story, detached, accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet.

(2)

Fences not over six feet (1,829 mm) high.

(3)

Oil derricks.

(4)

Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding class I-, II- or III-A liquids.

(5)

Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed two to one.

(6)

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(7)

Temporary motion picture, television and theater stage sets and scenery.

(8)

Prefabricated swimming pools accessory to a group R-3 occupancy, as applicable in section 101.2 which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (19,000 L) and are installed entirely above ground.

(9)

Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

(10)

Swings and other playground equipment accessory to one- and two-family dwellings.

(11)

Window awnings supported by an exterior wall of group R-3, as applicable in section 101.2 of the International Building Code, and group U occupancies.

(12)

Movable cases, counters and partitions not over five feet nine inches (1,753 mm) in height.

(ULDC 2005, § 9-20-6-3)

Electrical permits shall not be required for the following:

(1)

Repairs and maintenance. Minor repair work, including the replacement of la0mps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

(2)

Radio and television transmitting stations. The provisions of this Code shall not apply to electrical equipment used for radio and television transmissions, but does apply to equipment and wiring for power supply, the installations of towers and antennas.

(3)

Temporary testing systems. A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

(ULDC 2005, § 9-20-6-4)

Replacement of any minor part of a portable heating appliance that does not alter approval of equipment or make such equipment unsafe is exempt from a gas code permit.

(ULDC 2005, § 9-20-6-5)

Where equipment and appliance replacements or repairs must be performed in an emergency situation, the permit application shall be submitted with the next working business day of the department of mechanical inspection. Mechanical permits shall not be required for the following:

(1)

Portable heating appliances;

(2)

Portable ventilation appliances and equipment;

(3)

Portable cooling units;

(4)

Steam, hot water or chilled water piping within any heating or cooling equipment or appliance regulated by this Code;

(5)

The replacement of any minor part that does not alter the approval of equipment or an appliance or make such equipment or appliance unsafe;

(6)

Portable evaporative coolers; and

(7)

Self-contained refrigeration systems that contain ten pounds (4.5kg) or less of refrigerant, or that are actuated by motors of one horsepower (0.75kW) or less.

Exemption from the permit requirements of this Code shall not be deemed to grant authorization for work to be done in violation of the provisions of this Code or other laws or ordinances of this jurisdiction.

(ULDC 2005, § 9-20-6-6)

Plumbing permits shall not be required for the following:

(1)

The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Code.

(2)

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

(ULDC 2005, § 9-20-6-7)

To obtain a permit, the applicant shall first file an application therefor, in writing, on a form furnished by the building inspections department for that purpose. Such application shall:

(1)

Identify and describe the work to be covered by the permit for which application, if made.

(2)

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(3)

Indicate the use and occupancy for which the proposed work is intended.

(4)

Be accompanied by construction documents and other information as required by the building official.

(5)

State the valuation of the proposed work.

(6)

Be signed by the applicant, or the applicant's authorized agent.

(7)

Give such other data and information as required by the building official.

(8)

Include payment of a development impact fee is required by article 9-19. No building permit shall be issued until of unless the impact fee administrator, as established in article 9-19, has found the building permit application to be in compliance with said article 9-19 and has authorized the issuance of said building permit.

(ULDC 2005, § 9-20-6-8; Ord. No. 2006-34, § IV, 8-1-2006)

The building official shall examine, or cause to be examined, applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this Code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

(ULDC 2005, § 9-20-6-9)

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be required in writing and justifiable cause demonstrated.

(ULDC 2005, § 9-20-6-10)

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other date. The building official is also authorized to prevent occupancy or use of a structure where in violation of this Code or of any other ordinances of this jurisdiction.

(ULDC 2005, § 9-20-6-11)

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(ULDC 2005, § 9-20-6-12)

The building official is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Code.

(ULDC 2005, § 9-20-6-13)

The building permit or copy shall be kept on the site of the work until the completion of the project.

(ULDC 2005, § 9-20-6-14)

Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

(ULDC 2005, § 9-20-7-1)

The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this Code.

(ULDC 2005, § 9-20-7-2)

(a)

Submission of material and information. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and relevant laws, ordinances, rules and regulations, as determined by the building official.

(1)

Fire protection system shop drawings. Shop drawings for the fire protection system shall be submitted to indicate conformance with this Code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in this chapter.

(2)

Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this Code. In other than occupancies in groups R-2 and R-3, as applicable in section 101.2 of the International Building Code, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

(3)

Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this Code. The construction documents shall provide details of the exterior wall envelope, as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, and details around openings.

(b)

Provision of supporting documents. The construction documents shall include manufacturing installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system, which was tested, where applicable, as well as the test procedure used.

(ULDC 2005, § 9-20-7-3)

The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

(ULDC 2005, § 9-20-7-4)

The building official shall examine, or cause to be examined, the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this article and other pertinent laws or ordinances.

(ULDC 2005, § 9-20-7-5)

When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." The building official shall retain one set of construction documents so reviewed. The other set shall be returned to the applicant, shall be kept at the site of work, and shall be open to inspection by the building official or his authorized representative.

(ULDC 2005, § 9-20-7-6)

This article shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this Code and has not been abandoned.

(ULDC 2005, § 9-20-7-7)

The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

(ULDC 2005, § 9-20-7-8)

(a)

When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

(b)

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

(c)

Where structural observation is required by section 1709 of the International Building Code, as amended, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. See also duties specified in section 1704 of the International Building Code, as amended.

(ULDC 2005, § 9-20-7-9)

(a)

For the purposes of this section, the term "deferred submittals" means those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

(b)

Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

(c)

Submittal documents for deferred submittal items shall be submitted to the registered design professional in responsible charge that shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.

(ULDC 2005, § 9-20-7-10)

Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as am amended set of construction documents.

(ULDC 2005, § 9-20-7-11)

The building official shall retain one set of approved construction documents for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.

(ULDC 2005, § 9-20-7-12)

The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

(ULDC 2005, § 9-20-8-1)

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary equipment of this Code as necessary to ensure the public health, safety and general welfare.

(ULDC 2005, § 9-20-8-2)

The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the NEC electrical code.

(ULDC 2005, § 9-20-8-3)

The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

(ULDC 2005, § 9-20-8-4)

A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

(ULDC 2005, § 9-20-9-1)

On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the city council. In addition, if required by article 9-19, applicants for building permits shall pay a development impact fee as specified in said article.

(ULDC 2005, § 9-20-9-2; Ord. No. 2006-34, § V, 8-1-2006)

(a)

The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.

(b)

Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an additional fee established by the building official that shall be in addition to the required permit fees.

(ULDC 2005, § 9-20-9-3)

The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

(ULDC 2005, § 9-20-9-4)

The building official is authorized to establish a refund policy; provided, however, that this shall not authorize the building official to establish refund policies for development impact fees collected pursuant to article 9-19. Refunds of development impact fees shall be authorized only by the impact fee administrator in accordance with applicable provisions of article 9-19.

(ULDC 2005, § 9-20-9-5; Ord. No. 2006-34, § III, 8-1-2006)

Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval, as a result of an inspection, shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this Code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

(ULDC 2005, § 9-20-10-1)

Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

(ULDC 2005, § 9-20-10-2)

The building official, upon notification, shall make the inspections set forth in sections 109.3.1 through 109.3.10 of the International Building Code.

(1)

Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94; the concrete need not be on the job.

(2)

Concrete slab or under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

(3)

Lower floor elevation. The elevation certification required in the International Building Code, as amended, shall be submitted to the building official.

(4)

Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

(5)

Lath or gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. Exception: gypsum board that is not part of a fire-resistive assembly or a shear assembly.

(6)

Fire-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

(7)

Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws that are enforced by the building inspections department.

(8)

Special inspections. For special inspections, see the International Building Code.

(9)

Final inspection. The final inspection shall be made after all work required by the building permit is completed.

(ULDC 2005, § 9-20-10-3)

The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

(ULDC 2005, § 9-20-10-4)

It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this Code.

(ULDC 2005, § 9-20-10-5)

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this article. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

(ULDC 2005, § 9-20-10-6)

No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor, as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction.

(ULDC 2005, § 9-20-11-1; Ord. No. 2020-42, § XLIV, 11-3-2020)

Changes in the character or use of an existing structure shall not be made except as specified in chapter 34 of the International Building Code, as amended.

(ULDC 2005, § 9-20-11-2; Ord. No. 2020-42, § XLIV, 11-3-2020)

(a)

Upon completion of the final inspection, the owner or authorized agent shall submit the following required documents to the building official:

(1)

Stormwater inspection and maintenance agreement, signed.

(2)

Maintenance bond.

(3)

As-built drawings certified by professional engineer.

(4)

Drainage easement shown on final as-built and plat.

(5)

Certification of stormwater management system installation and final landscaping establishment.

(b)

The building official is not authorized to issue a certificate of occupancy unless these documents have been submitted and completed to the city's satisfaction.

(ULDC 2005, § 9-20-11-3; Ord. No. 2020-42, § XLIV, 11-3-2020)

After the building official inspects the building or structure and finds no violations of the provisions of this Code or other laws that are enforced by the building inspections department; and upon receipt of the required documents set forth in section 9-20-11-3, the building official shall issue a certificate of occupancy that shall contain the following:

(1)

The building permit number.

(2)

The address of the structure.

(3)

The name and address of the owner.

(4)

A description of that portion of the structure for which the certificate is issued.

(5)

A statement that the described portion of the structure has been inspected for compliance with the requirements of this Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

(6)

The name of the building official.

(7)

The edition of the code under which the permit was issued.

(8)

The use and occupancy, in accordance with the provisions of chapter 3 of the International Building Code, as amended.

(9)

The type of construction as defined in chapter 6 of the International Building Code, as amended.

(10)

The design occupant load.

(11)

If an automatic sprinkler system is provided, whether the sprinkler system is required.

(12)

Any special stipulations and conditions of the building permit.

(ULDC 2005, § 9-20-11-4; Ord. No. 2020-42, § XLIV, 11-3-2020)

The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

(ULDC 2005, § 9-20-11-5; Ord. No. 2020-42, § XLIV, 11-3-2020)

The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this Code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this Code.

(ULDC 2005, § 9-20-11-6; Ord. No. 2020-42, § XLIV, 11-3-2020)

(a)

Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this Code for which a permit is required, until released by the building official.

(b)

Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

(c)

Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and, wherever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

(Ord. No. 2020-42, § XLIV, 11-3-2020)

In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this Code, there shall be and is hereby created a building board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. See appendix B of the International Building Code, current edition, with state amendments, adopted by the board of community affairs of the state.

(ULDC 2005, § 9-20-12-1)

An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this Code.

(ULDC 2005, § 9-20-12-2)

The building board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.

(ULDC 2005, § 9-20-12-3)

Any person who shall violate any of the provision of this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of an offense, and shall be punished as provided in section 1-1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(ULDC 2005, § 9-20-13-1)

(a)

Whenever the building inspection department is satisfied that systems, appliances or equipment, or any work in connection therewith that is covered by this chapter is being erected, installed, altered or repaired, in violation of the provisions or requirements of this chapter, or in violation of plans or specifications submitted and approved thereunder, or a permit issued thereunder, it shall serve a written notice or order upon the person responsible therefor, directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this article.

(b)

In case such notice or order is not promptly complied with, the building inspection department shall notify the city manager that shall take appropriate action to correct or remove such violation.

(ULDC 2005, § 9-20-13-2)

Whenever work is in progress which is, in the opinion of the building official, by reason of defective or illegal work in violation of a provision or requirement of this chapter, the building official shall order, in writing, all further work to be stopped and may require suspension of all work until the condition in violation has been corrected.

(ULDC 2005, § 9-20-13-3)

The imposition of the penalties prescribed in this chapter shall not preclude the city from instituting an appropriate action or proceeding to prevent the unlawful erection, installation, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the use of any systems, appliances or equipment covered by this chapter, or to prevent any illegal act, conduct, business or use in or about any premises.

(ULDC 2005, § 9-20-13-4)

(a)

A building permit issued by the building official is required in advance of the initiation of construction, erection, moving or alteration of any building or structure. All buildings and structures shall comply with the requirements of this Code, whether or not a building permit is required.

(b)

Building permits for all buildings, structures and interior finishes shall be required and shall be issued after application and demonstration through building plans that the building, structure, or interior finish will meet all applicable requirements of the Life Safety Code and the various health and building codes of the city and as may be applicable.

(ULDC 2005, § 9-20-14-1; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

Building permits shall only be issued on lots of record, as defined in this Code. If an application for building permit is received on a tract or parcel that is not a lot of record, the building permit applicant shall be required to subdivide the land in accordance with article 9-13.

(ULDC 2005, § 9-20-14-2; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

Prior to issuance of a building permit, the owner shall have received a land development permit if required by chapters 9-13-7 or 9-14-4.

(ULDC 2005, § 9-20-14-3; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

For any building, structure, or land development activity served by a decentralized wastewater system, a permit shall be required and must be applied for and approved and issued by the county environmental health department prior to issuance of a building permit. Said permit may require a plan showing the location of the sewage disposal system and other on-site improvements, in accordance with said department's regulations.

(ULDC 2005, § 9-20-14-4; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

A building permit shall not be issued prior to issuance of a well permit by the county environmental health department or water meter approved by the city department of water resources.

(ULDC 2005, § 9-20-14-5; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

Application for a building permit shall be made to the building official. Building permit applications shall include all information necessary, as determined by the building official, for thorough review and approval, and shall specifically include the following:

(1)

Application form. Application on the form furnished by the building official, requesting issuance of a building permit.

(2)

Fee. Payment of the building permit application and review fee, and payment of development impact fee if required by article 9-19.

(3)

Plat or plan. For a single-family, detached, or two-family dwelling, a plat and one set of plans. For a multifamily or nonresidential building, a site plan upon which has been approved by the community and economic development department.

(4)

Building plans. Four sets of the building architectural plans and three sets of approved civil drawings from the department of community and economic development for principal multifamily or nonresidential buildings prepared in conformance with this Code and the applicable building codes. Plans shall be prepared by or under the supervision of, or reviewed and approved by, an architect registered in the state, who shall sign and seal each sheet in the original set of drawings.

(5)

Zoning compliance. Prior to issuing a building permit, the building official shall require that the applicant for a building permit obtain zoning verification from and review for compliance with this Code by the community and economic development. A copy of conditions of zoning, special use approval, or variance approval, and verification of zoning compliance shall be submitted, if applicable.

(6)

Address. A street address number as assigned by the city.

(7)

Septic tank approval by the county environmental health department. Evidence of approval by the county environmental health department if an on-site sewage disposal system has been allowed.

(8)

Water meter receipt. Water meter receipt issued by the department of water resources if connection to city water is involved.

(ULDC 2005, § 9-20-14-6; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

The application for building permit shall be checked by the building official for completeness at the time of submission. Incomplete applications will be returned to the applicant.

(ULDC 2005, § 9-20-14-7; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

(a)

Within two weeks following receipt of a complete application, the building plans review officer shall indicate on one copy of the building plans or in writing all comments related to compliance of the building plans with the applicable building codes, and any conditions of zoning, special use, or variance approval, and any other applicable requirements of this Code. The building plans review officer shall seek the review by, and approval of, the state fire marshal prior to issuing a building permit. If changes are required to building plans, the owner shall be responsible for compliance with this article and all building code requirements, regulations, and for the satisfaction of all of the comments of the building official and other administrative officers responsible for the review of building permits.

(b)

The timeframes established by this chapter for the issuance of building permits shall not apply to the extent that compliance with article 9-19 relative to payment of development impact fees has not been accomplished within the timeframes established by this chapter.

(ULDC 2005, § 9-20-14-8; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

A building permit shall be issued for the building or structure when the owner has addressed the comments to the satisfaction of building official, state fire marshal, and other administrative officers responsible for the review of building permits, and upon demonstrating that the building or structure conforms with the technical codes adopted and amended by the city under chapter 5-2 of this Code.

(ULDC 2005, § 9-20-14-9; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

Plumbing, electrical and mechanical permits shall be issued separately by the building official or separately identified on the building permit. Such permits must be issued prior to commencement of work by each affected trade.

(ULDC 2005, § 9-20-14-10; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

Building inspections shall be conducted in accordance with the requirements and procedures of the city.

(ULDC 2005, § 9-20-14-11; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

A certificate of occupancy shall be required and must be issued by the building official prior to the occupancy or use of any new or newly renovated building or structure, in accordance with the procedures established in this chapter. Specifically, a certificate of occupancy shall be required for the following activities (not exhaustive):

(1)

Prior to occupancy and use of a building or structure, whether newly constructed or enlarged.

(2)

Change in use of existing buildings to uses of a different classification.

(3)

Any change in use of a nonconforming use.

(ULDC 2005, § 9-20-14-12; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises or parts thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor, by the building official stating that the proposed use of the building or land conforms to the requirements of this Code and other applicable codes and ordinances adopted by the city.

(ULDC 2005, § 9-20-14-13; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

Permanent electric power shall not be supplied to any building or structure until a certificate of occupancy shall have been issued and the power company provided with evidence of approval by the building official.

(ULDC 2005, § 9-20-14-14; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

The building official may withhold, revoke, or suspend a building permit or certificate of occupancy when violations occur. The term "violations," as used in the preceding sentence, shall include violations of local, state, and/or federal law, including, but not limited to, criminal law. If the certificate of occupancy is revoked for criminal violations, no new certificate of occupancy shall be issued at that location for the same use for 12 months immediately following revocation. Revocation of a certificate of occupancy shall automatically revoke the business/occupation tax (business license).

(ULDC 2005, § 9-20-14-15; Ord. No. 2019-35, § IX, 12-17-2019; Ord. No. 2020-42, § XLV, 11-3-2020)

Unless otherwise specifically provided, terms not defined in this chapter shall have their meaning as defined in other chapters and articles of this Unified Land Development Code, or in the absence of such definition, words shall have their common dictionary definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Boarding-up means erecting, installing, placing, or maintaining boards over the doors, windows, or other openings of any building or structure, or otherwise securing such openings by a means other than the conventional method used in the original construction and design of the building or structure.

Code official means the community and economic development director of the city, or any other official charged with the administration and enforcement of this chapter, including, but not limited to, the building official or code enforcement officer, or any duly authorized representative of any such official.

Community donation box means a receptacle for receiving donations such as clothes, shoes, household goods and furniture. Small receptacles specifically designed for the donation of books or food are exempt from the regulations of this chapter.

Community Donation Box

Let for occupancy or let means to permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale of land.

Maintenance means the act of keeping property, premises, buildings, structures, equipment, or vegetation in a proper condition so as to prevent their decline, failure, or uncontrolled growth.

Multifamily means a building, or collection of buildings on the same property, under single ownership that is designed for or occupied exclusively by six or more families with separate household facilities for each family. The term "multifamily" includes attached residential condominiums, row houses and apartments.

Occupant means any individual living or sleeping in a building or having possession of a space within a building.

Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy. A real estate broker or salesperson licensed pursuant to O.C.G.A. title 43, ch. 40 (O.C.G.A. § 43-40-1 et seq.) is not an operator for the purpose of this chapter unless such broker or salesperson is under contract to provide property management services to the owner of such structure or premises.

Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including, but not limited to, the guardian, executor, or administrator of the estate of any such person.

Person means an individual, corporation, partnership or any other legally recognized entity.

Premises means a lot, plot or parcel of land, easement or public way, including any structures thereon.

Property means any unimproved or improved residential or nonresidential real property, or portion thereof, situated in the city, including the buildings, structures and improvements located on the real property, regardless of condition.

Registered agent means a person who resides in the county, or has a brick and mortar business address in the county, who is assigned by an owner of a multifamily residential property, as defined in this chapter, to be available seven days a week to accept notices of violation regarding any provision of the Code of Ordinances or this Unified Land Development Code, who has the authority and ability to grant access to the building or property by city personnel upon request, and who is registered with the city in accordance with the requirements of this chapter.

Structure means that which is built or constructed, or a portion thereof.

Tenant means a person, corporation, partnership, group, or other legally recognized entity, whether or not the legal owner of record, occupying a building or portion thereof.

(ULDC 2005, § 9-20-15-1; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

(a)

It is the duty of the owner of every dwelling, building, structure, property or premises within the city to construct and maintain such dwelling, building, structure, property or premises in conformance with applicable codes in force within the city, including, but not limited to, this chapter, this Unified Land Development Code, and the Code of Ordinances.

(b)

Both the occupant and the owner of the premises shall be liable for compliance with the provisions of this chapter, and shall be responsible for violations thereof. Any let of property of an owner which purports to transfer responsibility for this provision shall be ineffective in shielding the owner for responsibility under this chapter, and such owner shall remain liable, along with the occupant of the premises.

(c)

The owner and occupant of the premises shall maintain structures and property in compliance with the requirements of this chapter.

(d)

A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter.

(e)

Owners and occupants of property are responsible for keeping in a clean, sanitary and safe condition that part of the property which they occupy and control.

(f)

All vacant structures and premises, as well as vacant land, shall be maintained in a clean, safe, secure and sanitary condition as provided in this chapter so as not to cause a blighting problem or adversely affect the public health or safety.

(g)

Any property owners or occupants with properties that are not in compliance at the time of the adoption the ordinance from which this chapter is derived shall have no more than 60 days from the date of the adoption of the ordinance from which this chapter is derived to bring properties into compliance with this chapter.

(ULDC 2005, § 9-20-15-2; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

It shall be unlawful for the owner of any building, structure, property, or premises who has received a notice of violation of this chapter, or other provision within this Unified Land Development Code or the Code of Ordinances of the city to sell, transfer, mortgage, lease or otherwise dispose of such building, structure, property, or premises until said violation has been remedied, or until such owner shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of the notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by the notice of violation.

(ULDC 2005, § 9-20-15-3; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

(a)

Prior to the issuance of a business occupation tax certificate for any multifamily residential property, or during the first 30 calendar days of each year, whichever occurs earlier, the owner and each occupation tax certificate holder for any multifamily residential property must annually designate the name, the county address, and 24-hour telephone number of a registered agent for the multifamily residential property.

(b)

The registered agent must meet all criteria of a registered agent as established by definition in this chapter.

(c)

The designation required by this section shall be submitted to the city's business tax and licensing division. Such designation shall be confirmed at the time of each annual designation of the registered agent.

(d)

In the event that the holder of an occupational tax certificate or the owner of the property desires to change the name or contact information of the registered agent, the occupational tax certificate holder and/or owner shall supply written notice to the city's business tax and licensing division. No change in registered agent shall be effective until written notice thereof is received by the city's business tax and licensing division.

(e)

The registered agent shall give consent to enter multifamily residential property and buildings thereon to a code official upon request.

(ULDC 2005, § 9-20-15-4; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

(a)

No person shall willfully or wantonly damage, mutilate or deface any interior or exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

(b)

It shall be a violation of this chapter for any owner of real property to permit graffiti to remain on a structure located thereon for a continuous period of more than 72 hours. For purposes of this section, the term "graffiti" shall have the same meaning as set forth in O.C.G.A. § 17-15A-2.

(ULDC 2005, § 9-20-15-5; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

(a)

Only furniture which is fabricated with materials appropriate to be maintained outside of a dwelling or structure shall be permitted to be placed on a porch of a dwelling, building, or structure, or placed in any other exterior area of a property.

(b)

No furniture (e.g., couches, chairs covered with fabric, recliners, etc.) which is fabricated with materials intended only to be used, kept, or maintained on the interior of a dwelling building, or structure, or which will rot, decompose or degrade in outdoor conditions, shall be kept, stored, or maintained on a porch of a dwelling, building, or structure, or placed in any other exterior area of a property.

(ULDC 2005, § 9-20-15-6; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

(a)

Except for those covers specifically designed for the purpose of covering conventional outdoor equipment, such as a gas grill, patio furniture, lawnmower, etc., it shall be unlawful for any person to erect or utilize any plastic or nylon tarp or other impervious covering, on any porch of a dwelling, building, or structure, or in any exterior area of a property.

(b)

The pitching of a camping tent, or a temporary movable structure, shall not violate this section, provided it is erected for no more than 72 consecutive hours on the property.

(c)

The covering of firewood with a clear plastic or brown tarp shall not violate this section, provided such firewood is stored in a side or rear yard of the property.

(ULDC 2005, § 9-20-15-7; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

Vacant structures shall be maintained in good repair and be in compliance with all applicable laws, codes, and ordinances.

(1)

Any vacant structure shall, at a minimum, have all doors, windows, and other openings weathertight and secured against entry by the general public as well as animals and pests. The vacant structures shall be secured using the conventional methods used in the original construction.

(2)

All roof and roof flashings shall be sound and tight such that no rain will penetrate the structure and must allow for appropriate drainage so as to prevent deterioration of the interior walls or other interior portions of the structure.

(3)

The structure must be maintained in good repair and must be structurally sound and free from rubbish, garbage and other debris.

(4)

Supporting parts of the structure shall be capable of bearing all loads making up the parts of and contents of the structure, and the foundation walls likewise shall be capable of supporting such loads.

(5)

The exterior of the structure shall be free of loose or rotten materials, as well as holes. Any exposed metal, wood or other surface shall be protected from the elements by appropriate weather coating materials such as paint or similar treatment.

(6)

All balconies, canopies, signs, metal awnings, stairways, fire escapes or other overhanging extensions shall be in good repair and appropriately anchored. The exposed metal and wood surface of such overhanging extensions shall also be protected from the elements against rust or decay by appropriate application of paint or similar weather coating.

(7)

Any accessories or appurtenant structures, including, but not limited to, garages, sheds or other storage facilities shall meet the standards set forth in this section.

(8)

Retaining walls, drainage systems, or other structures must be maintained in good repair and be structurally sound. Any existing fence shall be maintained in good repair and be structurally sound.

(ULDC 2005, § 9-20-15-8; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

(a)

Boarding-up permit. No person shall erect, install, place, or maintain boards over the doors, windows or other opening of any building or structure or otherwise secure such opening by a means other than the conventional method used in the original construction and design of the building or structure without first obtaining a boarding-up permit in accordance with this section. Any properties with such boards existing at the time of the adoption the ordinance from which this section is derived shall have 60 days from the date of adoption the ordinance from which this section is derived to submit an application to the community and economic development department for a permit to continue to board-up the building or structure.

(b)

Permit application requirements. The community and economic development department may issue a boarding-up permit only upon satisfaction of the following conditions:

(1)

Submission of a written application, including such information as specified by the department on a boarding-up permit application made available to the public; and

(2)

Submission of a written statement specifying the length of time the owner expects the boarding-up to take place or continue, a plan to secure or board up the structure, including manner and materials, and a proposed maintenance plan for monitoring and maintenance of the structure and premises in conformance with this chapter. The community and economic development department may conduct an inspection of the subject property at any time to ensure that the structure is boarded up in accordance with the plan approved by the department.

(c)

Duration of permit and renewal. A boarding-up permit issued pursuant to this section shall authorize the boarding-up or other securing of a building or structure for a period of no longer than six months. An owner of a property desiring to continue to board-up property beyond a six-month term must submit a renewal application to renew the boarding-up permit and continue to meet the requirements for the issuance of a renewal boarding-up permit. Only one six-month renewal boarding-up permit will be issued for each property. Application for a renewal boarding-up permit must be made within 30 days of the expiration of the original boarding-up permit.

(d)

Temporary emergency. No boarding-up permit shall be required to board-up a building for up to 30 days in the event of a temporary emergency situation, including, but not limited to, damage caused by vandalism, theft, fire, or weather. In the event an emergency situation requires a building or structure to be boarded-up for more than 30 days, the owner of the building or structure or the owner's authorized representative must obtain a valid building permit for repair or a valid boarding-up permit in accordance with this section.

(e)

Boarding specifications. The boarding of doors, windows, or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall be according to the specifications approved under the boarding-up permit. All boarded openings shall be painted with a minimum of two coats of exterior paint, which shall be of a color compatible with the exterior color of the building or structure.

(f)

Boarded-up structure shall be posted. Any structure which is boarded-up shall be posted with the name, permit information, and 24-hour contact telephone number of the owner of the property.

(ULDC 2005, § 9-20-15-9; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

(a)

Whenever any building or structure is partially burned, or burned to such an extent that it is rendered incapable of being repaired, the owner shall, within 60 days after completion of the scene investigation by the fire department and/or insurer of the property, remove from the premises all refuse, debris, and all charred and partially burned lumber and materials.

(b)

If such building or structure is burned to such an extent that it is incapable of being repaired, the remaining portion of the building or structure shall be removed from the property within 60 days after completion of the scene investigation by the fire department and/or insurer of the property.

(c)

If the building or structure is to be repaired, a permit shall be obtained and work shall begin within 60 days after completion of the scene investigation by the fire department and/or insurer of the property and shall be completed within 180 days from the date a permit is obtained.

(ULDC 2005, § 9-20-15-10; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

(a)

It shall be unlawful to erect or maintain community donation boxes in an exterior property area, unless approved by the community and economic development director in compliance with one of the following criteria:

(1)

It is located in a light industrial (L-I) or heavy industrial (H-I) zoning district; or

(2)

It is located on the same property as a business or organization with a 501(c)(3) designation.

(b)

Where approved, community donation boxes shall be located flush against a building wall and shall be maintained on a regular basis in compliance with the Unified Land Development Code and Code of Ordinances.

(ULDC 2005, § 9-20-15-11; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)

Inoperable accessory items such as telephone booths, satellite dishes, electrical wires, lighting, poles, magazine stands, coolers, heating/cooling equipment or other similar items are not permitted and shall be removed and appropriately stored so as not to be visible from the right-of-way or adjacent property.

(ULDC 2005, § 9-20-15-12; Ord. No. 2018-16, § II, 8-7-2018; Ord. No. 2020-42, § XLVI, 11-3-2020)