Galena City Zoning Code

CHAPTER 150

BUILDING REGULATIONS

§ 150.01 PURPOSE.

The purpose of this chapter is to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures and certain equipments specifically regulated herein within the city.

('69 Code, § 5-1) (Ord. O-88-18, passed 8-8-88; Am. Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.02 COMPLIANCE REQUIRED.

No structure shall hereafter be erected, constructed, enlarged, altered, repaired, moved, raised, lowered, underpinned or demolished, nor shall the fixtures of a building, structure or premises be constructed, installed, altered, repaired or removed, nor shall the structure be occupied or the occupancy of the structure be changed within the city except in conformity with the provisions of this chapter.

('69 Code, § 5-2) (Ord. O-88-18, passed 8-8-88; Am. Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05) Penalty, see § 150.99

§ 150.03 REGISTRATION OF CONTRACTORS.

(A) Registration required. Independent contractors engaged in the business or a combination of businesses such as general construction, carpentry, plumbing, heating, air conditioning, electrical, fire protection system installation, excavation, or roofing on buildings, structures, or land within the jurisdiction of the city are hereby required to register and provide a certificate of liability insurance. Roofing and plumbing contractors must provide proof of current Illinois State licensing to complete their registration with the city.

(B) Period of registration. Each contractor described in division (A) above shall register with the City Clerk on or before January 31, 1990, and on or before April 30 of each year thereafter.

(C) Registration fee. The fee for such contractor registration shall be $100 and the amount of the fee shall be determined annually by the City Council on the first regular City Council meeting of July or at such other times as the City Council deems necessary. The fee shall be published in a fashion similar to the publication of permit fees required in § 150.12.

(D) Lack of registration. It shall be unlawful for any person, firm or corporation to violate, or to cause or allow the violation of the provisions of this section.

(E) Form of application for registration. The application for registration required herein shall be one created by the Building Official and shall include, but shall not be limited to, the following information:

(1) The name and address of the owner.

(2) If a corporation, the name and address of the registered agent.

(3) A description of the specific nature of the construction business.

(4) The signature of the owner.

(5) A copy of the liability insurance policy in the amount of a minimum of $500,000, with the city as the certificate holder, shall be attached to the application. Contractors must provide workman's compensation as required by the Industrial Commission of Illinois.

('69 Code, § 5-19) (Ord. O-89-25, passed 9-11-89; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05; Am. Ord. O-07-31, passed 12-26-07) Penalty, see § 150.99

§ 150.04 PERMIT REQUIRED.

Consistent with the authority granted to the city under ILCS Ch. 65, Act 5, §§ 11-13-1 et seq. and 11-30-4 and other similar authority:

(A) (1) No person shall erect, alter, enlarge, repair, convert, move, remove, raise, lower, underpin or demolish any building or structure within the city; nor shall any person construct, alter or repair or remove the fixtures of any building, structure or premises without first obtaining a permit from the Building Department to do so. No building permit shall be issued to any person or contractor for the construction of a new building or structure until the sewer and water connection fees have been paid (except accessory buildings and buildings already on city sewer and water). Maintenance and repair work in conformance with § 150.22 is exempt from building permits, but any exterior work within the Historic District must conform to the city's historic preservation ordinance.

(2) No person or company shall erect, alter, enlarge, repair, convert, move, remove, or demolish any portion, interior or exterior, of a commercial or industrial building or structure without first submitting plans to the Building Official for approval. Nor shall any person or company attempt to occupy a commercial or industrial building or structure, or a portion thereof, without first obtaining a certificate of occupancy and conforming with the requirements of all codes that apply to new construction for the proposed occupancy. The Building Official may waive the requirement for construction plans for maintenance projects of simple design or small scale.

(B) Said permit shall be issued to a contractor, who is registered with the city as required in § 150.03 hereof and who is actually doing the work set forth in the application described in § 150.05, except that the owner of the property may obtain a permit for work which said owner is performing individually, with the aid of his/her immediate family, or other volunteers who are not compensated in any way for the work performed as long as said owner/family/volunteers shall complete all of the work described in said application. Further, a property owner acting as his or her own general contractor may employ subcontractors to perform elements of the construction project, but these subcontractors must be registered with the city, and must obtain separate permits for the work they perform. Property owners may perform plumbing work on their own single-family residence, but plumbing work on commercial buildings or residential rental property must be performed by an Illinois State and City of Galena registered plumber.

(C) Once a permit is issued, no person shall engage in the work authorized thereby unless such person is the registered contractor described herein or the owner/family/volunteers of the premises for which said permit was issued, or a minor subcontractor covered by the owner or general contractor's permit.

(D) A permit issued through the presentation of a false or misleading application shall be void. Individuals working under void permits shall be penalized as though no permit was ever issued. No refund shall be made to anyone obtaining a void permit.

(E) Every permit issued by the city shall expire by limitation under the provisions of this chapter after 180 days and at that time all work must cease. Any permittee holding an unexpired permit may apply to the Building Official for an extension for another 180 days at no additional charge before work may be recommenced. The permit shall then expire after the additional 180 days and the permittee may renew the permit to continue construction providing he reapply to the Building Official in writing and he shall pay one-half the amount of the original permit fee.

('69 Code, § 5-3) (Ord. O-88-18, passed 8-8-88; Am. Ord. O-90-03, passed 2-26-90; Am. Ord. O-90-26, passed 11-12-90; Am. Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05) Penalty, see § 150.99

§ 150.05 APPLICATION.

To obtain a permit, a registered contractor, or the owner in certain instances described in § 150.04, shall file an application therefor on a form furnished by the city for that purpose, and shall include a signed statement indicating the purpose and estimated cost of the building or alterations. Each application for a building permit shall include, when required by the Building Official: two sets of drawings and specifications; a plot plan showing existing and proposed building locations and setbacks; a disclosure of use and occupancy; and all plans submitted shall be complete. The Building Official shall determine policy as to when plans are required and make such written policy available to the public by filing same with the City Clerk. On larger or more complex projects, the Building Official at his or her discretion, may require additional sets of plans to circulate to cooperating agencies.

('69 Code, § 5-4) (Ord. O-69-4, passed 5-20-69; Am. Ord. O-89-28, passed 9-11-89; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.06 BUILDING OFFICIAL/INSPECTOR, ELECTRICAL INSPECTOR AND PLUMBING INSPECTOR.

(A) The position of Building Official/Inspector is created to enforce the provisions of this chapter. He will be appointed by the Mayor with consent of the City Council and shall provide the City Council with a monthly report on the activities of the City Inspectors. The Building Official/Inspector shall be directly responsible to the City Administrator. It will be the duty of the Building Official/Inspector to enforce the provisions of this chapter, and he shall have right of entry in all buildings under construction. It will be his duty to establish proper rules and regulations for the proper administration of this chapter.

(B) The position of Electrical Inspector is created to enforce the provisions of this chapter with respect to compliance with the Electrical Code. It will be the duty of the Electrical Inspector to enforce the provisions of this chapter, and he shall have right of entry in all buildings for those purposes. He shall be appointed by the Mayor with consent of the City Council and make monthly reports to the Building Inspector on his inspections.

(C) The position of Plumbing Inspector is created to enforce the provisions of this chapter with respect to compliance with the Plumbing Code. It will be the duty of the Plumbing Inspector to enforce the provisions of this chapter, and he shall have right of entry in all buildings for those purposes. He shall be appointed by the Mayor with consent of the City Council and make monthly reports to the Building Inspector on his inspections.

('69 Code, § 5-5) (Ord. O-69-4, passed 5-20-69; Am. Ord. O-83-7, passed 5-10-82; Am. Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.07 ADOPTION OF TECHNICAL CODES.

For the proper enforcement of this chapter, the following codes are adopted as part of this chapter:

(A) 2003 International Building Code published by the International Code Council, excluding the sections related to plumbing and electricity, as amended and any more recent edition

(B) 2003 International Residential Code published by the International Code Council, excluding the sections relating to plumbing and electricity, as amended and any more recent edition.

(D) The National Electrical Code, National Board of Fire Underwriters, as amended and any more recent edition.

(E) The Illinois State Plumbing Code, State Board of Health, as amended and the most recent edition.

(F) National Fire Protection Association Life Safety Code, as amended and the most recent edition.

(G) 2003 International Fire Code, as amended and any more recent edition.

(H) 2003 International Fuel Gas Code, as published by the International Code Council, as amended and any more recent edition.

(I) 2003 International Energy Conservation Code, published by the International Code Council, as amended and any more recent edition.

(J) 2003 International Property Maintenance Code, published by the International Code Council, as amended and any more recent edition.

(K) 2003 International Existing Building Code, published by the International Code Council, as amended and any more recent edition.

('69 Code, § 5-6) (Ord. O-69-4, passed 5-20-69; Am. Ord. O-92-09, passed 5-11-92; Am. Ord. O-93-24, passed 2-22-93; Am. Ord. O-94-13, passed 7-13-94; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.08 REQUIREMENTS EXCEEDING STANDARDS OF THE NATIONAL ELECTRICAL CODE.

(A) Except as to single-family, free-standing residences, it is the duty of the owner and builder, when performing new additions, alterations, or remodeling of existing buildings or construction of new buildings within the “fire limits” of the city as defined in § 150.17, to assure that all interior electrical wiring shall be installed inside metal conduit.

(B) It is the duty of the owner and builder, when performing new additions, alterations, or remodeling of existing commercial or industrial buildings, when performing new additions, alterations or remodeling of all places of assembly as defined in the National Electric Code, when performing new additions, alterations or remodeling of those areas of residential buildings used for industrial or commercial purposes, or when performing construction of new industrial or commercial buildings in all areas within the jurisdiction of the Zoning Ordinance, to assure that all interior electrical wiring shall be installed inside metal conduit.

('69 Code, § 5-6A) (Ord. O-89-12, passed 6-26-89; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05) Penalty, see § 150.99

§ 150.09 REQUIREMENTS CHANGING PORTIONS OF THE INTERNATIONAL BUILDING AND RESIDENTIAL CODES.

(A) Fees. Amending Section 108 of the International Building Code and Section R108 of the International Residential Code. Building permit and associated fees shall be assessed in accordance with the provisions set forth in the fee schedule adopted by this jurisdiction.

(1) Permit fees. The fee for each permit shall be as set forth in § 150.12. The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. The value to be used in computing the building permit fee shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, elevators, and other permanent equipment unless such equipment is already covered by another fee collected within this jurisdiction. When computing the valuation of a project, the Building Official may use the square footage cost estimates provided in the Building Safety Journal published by the International Code Council.

(2) Plan review fees. Fees for plan review shall be 25% of the calculated building permit fee for commercial and multi-family construction, to be paid at the time of plans submittal for building permit application. For projects of a simple design, repetitive nature, or small scale, the Building Official may, at his or her discretion, reduce or waive the plan review fee. The plan review fee may be refunded on projects that are dropped before work on the plans is begun.

(3) Investigation fees: work without a permit.

(a) Investigation. Whenever any work for which a permit is required by this or any other code or ordinance of this jurisdiction has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

(b) Fee. An investigation fee, in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the building permit fee. The Building Official may waive the investigation fee on the first offense only at his or her discretion. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or any other code or ordinance of this jurisdiction nor from any penalty prescribed by law.

(4) Fee refunds.

(a) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

(b) The Building Official may authorize the refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

(c) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 120 days after the date of fee payment.

(B) The installation of a residential fire sprinkler system shall be optional in one- and two-family dwellings.

('69 Code, § 5-6B) (Ord. O-89-26, passed 9-11-89; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-2, passed 2-28-05; Am. Ord. O-09-07, passed 3-23-09)

§ 150.10 SMOKE DETECTOR REGULATIONS.

(A) Purpose. The purpose of these regulations is to provide minimum standards to safeguard human life and residential use occupancies through the requirement of automatic smoke detection devices. These regulations endeavor to relieve confusion between the consolidate residential requirements in the Uniform Building Code, NFPA 101 Life Safety Code, and the Illinois Smoke Detector Act, ILCS Ch. 425, Act 60, § 1 et seq.

(B) Scope. The provisions of these regulations shall apply to all residential uses including single-family, duplex, multifamily, and mixed uses with residential occupancies within the limits of the city. These regulations do not prescribe standards for lodging, motel, hotel, inns, bed and breakfast establishments or other such quasi-residential occupancies for which more restrictive standards exist in the Uniform Building Code, NFPA 101 Life Safety Code, the Galena Code of Ordinances or any statute of the state.

(C) Definitions. For the purpose of these regulations, certain terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the Uniform Building Code.

(1) APPROVED SMOKE DETECTOR. A photo electric ionization or other type device listed by an approved testing agency such as Underwriters Laboratories for Smoke Detection use and approved by the authority having jurisdiction.

(2) AUTHORITY HAVING JURISDICTION. Building Inspector, Fire Inspector or other person duly authorized to enforce construction and fire codes or ordinances of the city.

(3) DWELLING UNIT. A room or suite of rooms used for human habitation and any building or portion thereof which contains residential living facilities, including provisions for sleeping, eating, cooking and sanitation and includes single-family owner or tenant occupied residences as well as each living unit of a multiple family residence and each residential living unit in a mixed use building.

(4) SUBSTANTIAL REMODELING. A construction project in excess of $5,000, as determined by the authority having jurisdiction, in which repairs, alterations or additions such as one of the following is being completed:

(a) Complete electrical rewire.

(b) Removal of existing interior plaster or drywall or rearrangement of partitions where studs or joists of the building accessible to wiring as determined by the authority having jurisdiction, are exposed.

(d) Finishing of unfinished space or conversion of space greater than 200 square feet to dwelling use (does not include construction of open decks, porches, detached garages, reroofing, siding or replacement of fixtures or cabinets without opening walls).

(D) Requirements.

(1) Location. Each dwelling unit shall be equipped with at least one approved smoke detector within 15 feet of each room used for sleeping purposes. The detector shall be installed on the ceiling, at least six inches from any wall, or on the wall located between four and six inches from the ceiling.

(2) Single-family. Every single-family residence shall have at least one approved smoke detector on every story of the dwelling unit, including basements, but not including unoccupied attics. In dwelling units constructed with cathedral type ceilings adjacent to sleeping rooms, areas with lower ceilings shall have an additional smoke detector located in the uppermost portion of the taller ceiling.

(3) Two or more units. Every building which contains more than one dwelling unit, or contains at least one dwelling unit and is a mixed use building, shall have at least one approved smoke detector located at the uppermost ceiling of each interior common stair well and each interior common hallway corridor. The smoke detector shall be installed on the ceiling at least six inches from the wall, or on the wall located between four and six inches from the ceiling.

(4) Responsibilities defined. It shall be the responsibility of the owner of a building containing any residential dwelling units to supply and install all required smoke detectors. The owner shall be responsible for making tests and maintaining detectors in common stairwells and hallway corridors. It shall be the responsibility of the tenant to test and provide care for the detectors within the tenant's dwelling unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies which the tenant cannot correct. The owner shall be responsible for providing one tenant per dwelling unit with written information regarding detector testing and care. The tenant shall be responsible for replacement of any required batteries in the smoke detectors in the tenant's dwelling unit. The tenant shall be responsible to maintain without interruption, electrical power to all smoke detectors that receive their principal source of power from the household electrical system. The owner shall insure that required batteries are in operating condition at the time the tenant takes possession of the dwelling unit. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the smoke detector which may have been reported.

(5) New construction and remodeling. In the case of any dwelling unit that is newly constructed or created or is undergoing “substantial remodeling” as defined herein, or when one or more sleeping rooms are added or created, smoke detectors installed shall meet the following requirements:

(a) Smoke detectors shall receive their principal source of power from the household electrical system (commonly known as “hardwired”) and shall be equipped with battery back up power. The detector shall emit a signal when the batteries are low. Wiring shall be permanent, shall meet or exceed the standards in the National Electrical Code, and shall be without a disconnecting switch other than those required for overcurrent protection.

(b) Smoke detectors shall be installed in each sleeping room, and at a point centrally located in a corridor or area giving access to each separate sleeping area, and at least one on each story including the basement but not including unoccupied attics.

(c) Where more than one smoke detector is required to be installed within a dwelling unit, the smoke detector shall be wired so that the activation of one detector shall activate all the other detectors in the dwelling unit except that in substantial remodeling projects, the bedroom smoke detectors may be single station.

(d) In buildings with residential occupancies three or more stories in height or containing 11 or more dwelling units, a manual fire alarm system as well as an automatic smoke detection system shall be required except that the manual fire alarm system may be omitted when the building is protected throughout by an automatic sprinkler system approved by the Fire Prevention Bureau.

(6) Requirements. Where the authority having jurisdiction has discovered that an existing building or portion thereof does not meet the requirements of these regulations for such building, a notice of violation shall be served upon the person or persons responsible and the building shall be made to conform to division (D)(5) above of these regulations.

(7) Enforcement. It shall be the duty of the authority having jurisdiction to enforce the provisions of these regulations.

(8) Notice. Violations discovered shall be disclosed and served upon the owner of the building or the authorized agent of the owner or tenant, in writing, by certified mail or hand delivered.

(9) Appeal. Enforcement decisions under this chapter may be appealed to the Building Code Board of Appeals. Appeal procedures shall follow those prescribed in the International Building and Residential Codes and the International Property Maintenance Code.

('69 Code, § 5-6(h)) (Ord. O-69-4, passed 5-20-69; Am. Ord. O-92-09, passed 5-11-92; Am. Ord. O-93-24, passed 2-22-93; Am. Ord. O-94-13, passed 7-13-94; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05) Penalty, see § 150.99

§ 150.11 BUILDER TO NOTIFY INSPECTOR OF READINESS FOR INSPECTION.

(A) It will be the duty of the builder to notify the Building Inspector, Plumbing Inspector, and the Electrical Inspector as to the proper time to inspect the building. The proper time will be on the completion of footing, framing, plumbing and electrical installations. No work shall be covered up until an inspection has been completed. Upon completion of the final inspection, a certificate of compliance will be signed and given to the owner, and occupancy and use shall not be allowed until this certificate is issued. Occupancy or use without receipt of the certificate shall constitute a violation of this chapter and each day's continued occupancy or use without receipt of said certificate shall constitute a separate offense.

(B) The public utility providing electrical service shall not permit electrical service to be supplied to the building in which the electrical work has been undertaken until the Electrical Inspector has supplied a certificate of completion with respect to said work.

('69 Code, § 5-7) (Ord. O-82-7, passed 5-10-82; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.12 PERMIT FEES.

The fees to be charged for building permits, plumbing permits, HVAC permits, and electrical permits shall be determined annually by the City Council on the first regular City Council meeting of July or at such other times as the City Council deems necessary. All of said fees as set by the City Council shall be published in a place of uninhibited public access at City Hall immediately following said meeting and shall remain accessible to the public in such fashion through the following year.

('69 Code, § 5-8) (Ord. O-87-05, passed 5-11-87; Am. Ord. O-89-13, passed 6-26-89; Am. Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.13 PERFORMING PLUMBING AND ROOFING WORK WITHOUT LICENSE AND REGISTRATION.

Any plumber or roofing contractor doing work under this chapter who does not have a state plumbing or roofing license, and registered under the terms of the ordinances of the city shall be fined as set forth in § 150.99.

('69 Code, § 5-9) (Ord. O-69-4, passed 5-10-69; Am. Ord. 0-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05) Penalty, see § 150.99

§ 150.14 PERMIT REQUIRED.

Any person who does not obtain a permit under the terms of this chapter shall be fined as set forth in § 150.99.

('69 Code, § 5-10) (Ord. O-82-01, passed 2-22-82; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.15 APPEALS FROM DECISIONS OF BUILDING INSPECTOR.

Decisions of the Building Inspector under this chapter may be appealed to the Building Code Board of Appeals. If not satisfied with the findings of the Building Code Board of Appeals, the decision may be appealed into the courts.

('69 Code, § 5-11) (Ord. O-69-4, passed 5-20-69; Am. Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.16 ERECTION, CONSTRUCTION OF DANGEROUS BUILDINGS, STRUCTURES PROHIBITED.

No person shall, within the limits of the city, erect or maintain any insecure or unsafe building, stack, wall, chimney, cornice or other structure or own any building, stack, wall, chimney, cornice or other structure, which from situation, mode of construction or other cause may be dangerous to persons or other property.

('69 Code, § 5-13) (Ord. passed 7-2-13; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.17 FIRE LIMITS.

(A) The fire limits of the city shall consist of that territory embraced within the following boundaries: commencing at the northwest corner of Spring and Main Streets, running thence with the north line of Spring Street to Bench Street, thence north along the east line of Bench Street to Meeker Street, thence east along the south line of Meeker Street to Water Street, thence south along the west line of Water Street to the place of beginning.

('69 Code, § 5-14) (Ord passed 3-3-36; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

(B) No building or structure of any kind or description shall be erected or constructed within the fire limits, or moved and placed within the same, unless the outside and party walls thereof shall be composed of brick, stone, iron or other noncombustible material of not less than eight inches thickness, and the roofs of such buildings shall be of non-ignitable material.

('69 Code, § 5-15) (Ord. passed 9-4-28; Am. Ord. passed 3-3-36; Am. Ord. O-95-32, passed 7-10-95; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05) Penalty, see § 150.99

§ 150.18 NUISANCE CONDITIONS.

Every building or structure or part of any building or structure, constructed, enlarged, repaired, altered, removed or in the progress thereof, in violation of this chapter, is hereby declared to be a nuisance, and it shall be the duty of the Building Official to cause a written or printed notice to be served upon the owner of the same, or his agent, or upon any contractor or person doing work thereon, requiring him to stop the work thereon and to conform to the requirements of this chapter.

('69 Code, § 5-16) (Ord. passed 3-3-36; Am. Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05) Penalty, see § 150.99

§ 150.19 STRUCTURES IN FLOOD PLAIN AREAS.

Any construction on property located within designated flood plain areas must comply with Chapter 155: Floodplain Management Standards of this code. The appropriate building authority may deny a building permit for new construction or substantial improvements in existing structures in the flood plain area, herein defined as that part of the city located outside of the permanent flood-control levies or devices with a mean sea level elevation of 610 feet or lower, if the following protective devices or construction techniques are not included in the application for the permit:

(A) The structure must be designed and anchored to prevent flotation, collapse, or lateral movement.

(B) The applicant must use construction materials and utility equipment that are resistant to flood damage.

(D) The applicant must provide adequate, protective devices to prevent flood waters from entering the municipal water or sewerage systems.

('69 Code, § 5-17) (Ord. O-71-24, passed 12-14-71; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.20 BUILDINGS, STRUCTURES AND PROPERTY TO BE MAINTAINED.

(A) All buildings, structures and/or property within the corporate limits of the city whether owned or controlled privately or by any public body, shall receive reasonable care, upkeep and maintenance for the protection, enhancement, preservation, and perpetuation or use in compliance with the terms of this chapter and the International Property Maintenance Code.

(B) The Building Official shall give a written notification of any violation of this section to the owner or lessor of or the trustee or other legally responsible party for such property, stating in such notification that he has inspected the property and has found it to be in violation of § 150.20 and the International Property Maintenance Code. Such notification shall be in accordance with Section 107 of the International Property Maintenance Code, and shall state in clear and precise terms a description or explanation of the violation. The property owner, trustee, lessor or legally responsible party shall be given a reasonable period of time in which to correct such violation, but within 15 days of receiving notification of the violation, the owner or person legally responsible for the property must provide a plan for correction and obtain any necessary permits required to perform the repairs. The Building Official may extend the period of time provided for correction at his discretion, providing a substantial attempt has been made to correct the violations.

(C) The owner, lessor, trustee or other legally responsible party shall be deemed to be in violation of this section if after the allotted time, the violation has not been corrected or is not in the process of being corrected.

(D) The owner, lessor, trustee or other responsible party who is deemed to be in violation of this section may request in writing to the Building Inspector a hearing by the Building Code Board of Appeals pursuant to Section 111 of the International Property Maintenance Code.

(Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)

§ 150.21 POOL BARRIERS REQUIRED.

All swimming pools in the City of Galena shall comply with Section 3109, “Swimming Pool Enclosures and Safety Devices” of the 2009 International Building Code published by the International Code Council, as amended and any more recent edition.

(Ord. O-98-17, passed 8-24-98; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05; Am. Ord. O-12-15, passed 7-23-12)

§ 150.22 MAINTENANCE AND REPAIR.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MAINTENANCE. To keep in good standing or maintenance so as to avoid the need to repair.

REPAIR. To restore to sound or good condition after damage, decay or injury; to fix.

(B) Permits. No permit shall be required for:

(1) Appliance repair. In cases where a property owner personally undertakes the maintenance or repair of appliances (such as dishwashers, water heaters, air conditioning units, toilets, lavatories, boilers or heating units) insofar as the existing connections or plumbing devices can be reapplied to the appliance, with no new construction required.

(2) Building repair. In the repair of an existing structure or building, provided: the repair relates to a damaged or rotted portion of a structure or building, and does not exceed 25% of the total replacement cost of the portion being repaired.

(3) Exterior painting. In the cases where the painting is of existing colors and locations, provided that in the Historic District, a certificate of appropriateness must be approved prior to changing of a color or paint location.

(4) Retaining walls. In the maintenance or repair of retaining walls under three feet in height, sidewalks and landscaping, provided such maintenance or repair does not exceed 25% of their total replacement cost. A building permit is required to perform repairs to any retaining wall over three feet in height, and for repairs to any other retaining walls when the repair cost exceeds 25% of their total replacement cost.

(5) Interior paint and wallpaper. In the maintenance or repair of interior wallpapering, painting, trim work, floors or ceiling surface treatments. Repairs to ceilings involving exposing of the ceiling joists requires a building permit.

(1) Electrical work. Nothing in this section shall be interpreted to permit anyone but a licensed electrician to do any electrical work requiring an electrical permit, except that a property owner may perform electrical work on his or her own residence, providing the work is properly permitted and meets the requirements of the National Electrical Code.

(2) Plumbing.

(a) Nothing in this section shall be interpreted to permit anyone but a licensed plumber to do any plumbing requiring a plumbing permit, or to do any work requiring a plumber's license or a plumbing contractor's license.

(b) A property owner may plumb perform plumbing work on his or her own residence, provided the work is properly permitted and meets the requirements of the Illinois State Plumbing Code.

(c) No owner shall be authorized hereunder to work on a line conveying: gas; steam; or any gas or liquid, except water and wastewater.

(Ord. O-00-24, passed 9-25-00; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05 )

§ 150.23 BUILDING NUMBERS REQUIRED.

(A) It shall be the duty of the owner, managing agent and occupant of every building in the city to have place thereon, in a place easily visible from the street, figures at least three inches high, and of contrasting color to the building's exterior, showing the street address number of the building.

(B) For any multiple dwelling, residential building or any office, commercial or other nonresidential building in the city, there shall have the additional requirement place thereon, in places easily visible from both front and rear outside accesses, figures showing the street address numbers and suite numbers of units contained therein.

(C) For the purposes of complying with this section, such figures shall not be placed on doors of the structures or in any place on the building where they would not be visible if the door were open.

(D) No temporary or final occupancy permit shall be issued for any building in the city described in divisions (A) and (B) of this section unless the owner, occupant or managing agent thereof has complied with the requirements hereof.

(Ord. O-03-27, passed 7-14-03; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05) )

§ 150.25 HOUSING - RESIDENTIAL RENTAL HOUSING INSPECTION CODE.

(A) Definitions. As used in this section, the following terms and phrases shall have the following meanings unless the context clearly indicates or requires a different meaning.

BUILDING OFFICIAL/INSPECTOR. The City of Galena Building Official/Inspector or his/her designee.

EGRESS. A continuous path of travel from any point in the building or structure, to the open air outside, at grade level, consisting of:

(a) The way of exit access;

(b) The exit; and

EXIT. A continuous and unobstructed means of egress to a public way; including intervening aisles, doors, doorways, corridors, exterior exit balconies, ramps, stairways and exit passageways.

NUISANCE. Each of the following shall be defined as a nuisance:

(a) Any public nuisance known at common law or in equity;

(b) Any attractive nuisance which may prove detrimental to persons whether in a building, on the premises of the building, or upon an unoccupied lot.

(c) Whatever is dangerous to human life or is a menace to the public health, welfare or safety as determined by the Building Official/Inspector.

(d) A building that is structurally unsafe, unsanitary, not provided with adequate safe ingress, constitutes a fire hazard, otherwise constitutes a hazard by reason of inadequate maintenance, dilapidation, obsolescence or abandonment or is in violation of any applicable technical code adopted by the city under § 150.07.

(e) Uncleanliness to the risk of unhealthiness, as determined by the Building Official/ Inspector.

PERMANENT RESIDENT. Any person who occupies or has the right to occupy any dwelling unit or rooming unit for at least 30 consecutive days.

PERSON. Any individual, firm, partnership, association, limited liability company, joint stock company, joint venture, public or private corporation, business trust, land trust or receiver, executor, trustee, guardian or other representative appointed by order of any court.

PREMISE. A lot, plot or parcel of land including the buildings and structures thereon.

RESIDENTIAL RENTAL UNIT. A single residential dwelling unit providing complete independent living facilities for one or more persons, including members of a single family and not more than three roomers unrelated to the occupying family, and including permanent provisions for living, sleeping, eating, cooking and sanitation, whether such unit is a duplex or other multi-family type of structure, that is offered for rent or lease. If such residential rental unit is part of a multi-family type of structure, any common areas of such structure shall, for purposes of this section, be considered to be part of the residential rental unit. RESIDENTIAL RENTAL UNITS shall include all of the following:

(a) Two-family dwelling (duplex) means a building containing two dwelling units.

(b) Multifamily dwelling means a building containing more than two dwelling units.

ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

SUBSTANDARD CONDITIONS. Any building or structure used for rental purposes shall be deemed and declared to be substandard under the following circumstances and when they do not comply with the minimum standards of the 2003 International Building Code, 2003 International Residential Code, 2003 International Mechanical Code, National Electric Code, Illinois State Plumbing Code, National Fire Protection Association Life Safety Code, 2003 International Property Maintenance Code, 2003 International Fire Code and 2003 International Existing Building Code, all as amended and revised:

(a) Inadequate sanitation. Inadequate sanitation shall include but not be limited to a:

1. Lack of an operable flush toilet,

2. Lack of an operable kitchen sink,

3. Lack of running water in each unit.

(b) Inadequate heating.

(c) Inadequate light/ventilation. Lack of minimum amounts of proper natural light and/or ventilation necessary for human habitation.

(d) Inadequate electricity. Lack of operable electric service, wiring or fixtures.

(e) Infestation of insects, vermin or rodents.

(f) Lack of connection to approved sewage disposal system.

(g) Inadequate garbage and rubbish storage facilities.

(h) Structural hazards. Structural hazards shall include but not be limited to the following:

1. Severely deteriorated foundations;

2. Severely deteriorated or defective flooring or floor supports;

3. Deteriorated walls, partitions or other vertical supports that split, lean, list or buckle;

4. Deteriorated or dilapidated ceilings, rooms, roof, support structures or other structural members which sag, split, lean or buckle;

5. Deteriorated fireplaces or chimneys which list, bulge or are in need of tuckpointing.

(i) Inadequate wiring.

(j) Inadequate plumbing.

(k) Inadequate mechanical equipment. All mechanical equipment, including furnaces and vents, shall be maintained in a good and safe operable condition.

(l) Faulty weather protection. Faulty weather protection shall include but not be limited to defective walls, roofs, windows and doors.

(m) Excessive occupancy. Occupancy by permanent residents that exceeds the maximum occupancy limit defined in this chapter or by any applicable code.

VACANT BUILDINGS. Dwelling units which are unoccupied and characterized by one or more of the following conditions:

(a) Are open to vagrants, vandals or children due to not being properly enclosed;

(b) Are not maintained by an owner or responsible party;

(d) Are not occupied by any persons.

(B) Registration requirements.

(1) No person, except the owner of the premises, shall hereafter occupy any residential rental unit within the city without registering the same with the city as provided in this section. No person shall allow to be occupied or let to another person any residential rental unit or rooming unit within the city without registering such unit as provided in this section. Registration statements shall be filed with the city's Office of the Building Official and shall be on forms furnished for that purpose. The registration statement shall specifically require the minimum following information:

(a) Name, address and phone number of the property owner.

(b) Name, address and phone number of the designated local property manager if the owner lives more than 50 miles from the city.

(d) The number and types of units located on the property.

(e) The maximum number of occupants permitted in each dwelling or rooming unit.

(f) The name, address and phone number of the person authorized to make or order repairs or services for the property, if in violation of city or state codes, if the person is different than the owner or local manager.

(2) Every owner of a dwelling who rents such dwelling, or part thereof, to other persons and who does not live within 50 miles of the city shall designate a local property manager or local agent when registering such dwelling under this section.

(3) Commencing September 1, 2005 every dwelling or rooming unit which is registered with the city for the first time under this division shall be inspected in accordance with division (H) below and shall meet all the requirements of the city property maintenance code.

(C) Manner of registering. Every owner shall register each dwelling unit annually. Registration shall occur between May 1 and August 31 of each year. Registration shall be filed with the office of Rental Housing Inspector of the city by the property owner or local property manager.

(D) Transfer of property.

(1) For any property subject to the section, within 30 days after any transfer of ownership or execution of a contract to purchase which requires the contract purchaser to assume the obligations of an owner, the new owner or contract purchaser shall file an amended registration statement with the new Office of Building and Zoning of the city.

(2) The registration requirements of this section shall not apply to the owner of any residential dwelling unit occupied by such owner which has been listed or advertised for sale and which is rented by such owner while seeking a purchaser for such premises or pending the closing of a sale for such premises; provided however, that no such rental of the premises shall be for more than 12 months.

(E) Registration fee. The fees schedule below shall be the charge per dwelling or building for any premises.

(1) Every owner shall pay an annual registration fee for every property required to be registered under this section in accordance with the following schedule:

(a) Duplexes $25.00

(b) Multiple-family dwellings with less than 10 units $50.00

(2) The following premises are exempted from the payment of the fee provided in division (D) (1) above:

(a) Owner-occupied and renter occupied single-family dwellings.

(b) Nursing home facilities properly licensed as such by the state.

(c) Hotels, motels, lodging units, guest suites, guest apartments, bed and breakfast establishments and other facilities that do not rent to permanent residents.

(3) Every owner who fails to register every property required to be registered pursuant to division (B) above on or before August 31, of each year shall pay one and one-half times the registration fee provided in division (E)(1) above, if such property is registered by September 30 and two times such fee if the property is registered after January 30.

(F) Rental Housing Inspector. There is hereby created the position of Rental Housing Inspector. The duties of the Rental Housing Inspector shall be to administer this section and perform such other duties as the City Council may designate. The salary, hours and other terms and conditions of the Rental Housing Inspector's employment shall be fixed by the City Council.

(G) Maintenance of records. All records, files and documents related to or required by this section shall be maintained by the Office of the Building Official and made available to the public as allowed or required by state law or city ordinance.

(H) Inspection.

(1) Commencing on September 1, 2005, every dwelling which rents to permanent residents shall be systematically inspected for compliance with this section and all other applicable city codes. The Rental Housing Inspector shall inspect approximately one-third of the dwelling units required to be licensed under division (B) above each year.

(2) The provisions of this section shall not apply to:

(a) Owner-occupied dwellings or rented single-family dwellings.

(b) Dwellings, buildings or structures owned and operated by a nursing home facility property licensed by the state.

(c) Dwellings, buildings or structures licensed and inspected by the state or federal governmental or other local governmental agency, provided that the inspection is based upon criteria at least as strict as required hereunder and further provided that a copy of the inspection report is filed with the office of building and zoning.

(d) Hotels, motels, lodging units, guest suites, guest apartments, bed and breakfast establishments and other facilities that do not rent to permanent residents.

(3) When a nonresidential business or activity, or a state or federally licensed and inspected use occupies a portion of a building or premises which would otherwise be subjected to this section, the provisions of this section shall be applicable to the residential and common or public areas of such building or premises.

(4) On April 1, 2006 or such other date as the City Council may designate, and annually thereafter, the City Council shall review the effectiveness of the program established under this section and determine if such program shall continue for another year.

(I) Housing standards.

(1) Maintenance responsibilities of owner or operator. Every owner or operator shall maintain fit premises in accordance with the provisions of this code, all applicable building codes, including performance of the following duties.

(2) Repairs. The owner or operator of the premises shall make all repairs and otherwise do whatever is necessary to keep the premises in a fit and habitable condition.

(3) Pest extermination. Whenever pest extermination exists, extermination shall be the responsibility of the owner or operator.

(4) Owner or operator to clean units. No owner or operator shall permit occupancy of any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

(5) Maintenance of public area. Every owner or operator shall be responsible for maintaining in a safe and sanitary condition the public areas of the dwelling, unless there is an agreement between the owner and occupant to the contrary.

(6) Garbage disposal. Every owner or operator shall supply garbage containers which are adequate in number and have garbage and refuse removed from said containers and the premises.

(7) Hanging screens or storm windows. All units shall be equipped with screens or storm windows.

(8) Maintenance of building exterior. All owners or operators shall see that their buildings do not deteriorate, become blighted or dilapidated so as to become in violation of any applicable code.

(9) Nuisances. Prompt repair or removal of any nuisances as defined in division (A) above.

(10) Substandard conditions. Prompt repair or removal of any substandard condition as defined in division (A) above.

(J) Maintenance responsibilities of occupants.

(1) Every occupant shall maintain fit premises, including performance of the following duties:

(a) Rented unit. Each occupant of a rental unit shall keep it in a reasonable clean, safe and sanitary condition.

(b) Storage and disposal of garbage. Every occupant shall dispose of rubbish, garbage in a clean and sanitary manner by placing it in appropriate storage containers.

(c) Protection of premises. No occupant shall deliberately or negligently destroy, deface, damage, impair or remove a part of the premises or knowingly permit a person to do so.

(d) Disturbances. Every occupant shall conduct himself or herself in a manner that will not disturb a neighbor's peaceful enjoyment of their premises.

(2) Substandard buildings and dwelling units. It shall be unlawful for any person in the city to cause or continue the existence of any substandard rental unit.

(K) Frequency of inspections.

(1) Prior to the effective date of division (H) above, inspections shall be made on the basis of complaints received by the city. Except in cases where the public health or safety may be threatened, whenever a complaint is received, the city will provide 48 hours notice to the owner and any local property manager of an inspection to be made as a result of such complaint. In cases where the public health or safety allegedly is threatened, reasonable attempt shall be made to contact the owner or local property manager prior to the inspection.

(2) Commencing as provided in division (H) above, all dwellings subject to this section shall be inspected at least once every three years. Notice of the date of the inspection shall be given in writing to the owner and local property manager, if any, at least 30 days prior to the date of the inspection.

(3) It shall be the responsibility of the owner or the tenant to be present at the dwelling unit on the date and time of inspection to provide access for inspection.

(4) Neither the common areas nor the dwelling or rooming units in structures newly constructed shall be further inspected after the completion and issuance of a certificate of occupancy for a period of three years from the date of said certificate, unless a complaint is received concerning such premises. Thereafter such premises shall be inspected in accordance with the requirements of this section.

(5) Nothing in this section shall preclude the inspection of any premises subject to this section more frequently than every three years.

(L) Refusal to permit inspection.

(1) Where the tenant in an occupied dwelling, or, in the case of an unoccupied dwelling, the owner refuses to consent to the entry and inspection of a dwelling as provided in this division, no entry or inspection shall be made without the inspector obtaining an administrative search warrant from the Circuit Clerk of Jo Daviess County.

(2) An application for an administrative search warrant may be made for any appropriate reason including but not limited to:

(a) The inspector has reason to believe, based upon eyewitness account or a complaint from a citizen, tenant or other source of information; that a code violation exists in the dwelling sought to be inspected.

(b) Prevailing conditions in the general area within which the premises are located warrants inspection of the dwelling.

(c) The expiration of the three-year period referred to in division (K) above is approaching and re-inspection is, therefore, required in order to effectuate the rental housing inspection plan provided in this section.

(d) A dwelling is being rented, let, or let for occupancy, as described in division (M) below and the owner does not have a valid, current certificate of inspection for that dwelling.

(3) For each inspection carried out with an administrative search warrant, the owner shall be charged $250 per unit. This fee applies per inspection to the initial inspection and any re-inspections required to gain full compliance with provisions of this section.

(M) Inspection certificate required.

(1) If, upon completion of the triennial inspection, the premises are found to be in compliance with all applicable city codes and ordinances and other applicable laws, the proper registration statement is on file with the city and the appropriate registration fee has been paid to the city, the city shall issue a certificate of inspection for the premises.

(2) If, upon completion of the inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances or other applicable laws, the city shall provide written notice of such violations to the owner and to the local property manager and shall set a re-inspection date before which such violations shall be corrected. If such violations have been corrected within that period, the city shall issue a certificate of inspection for the premises. If such violations have not been corrected within that period, the city shall not issue the certificate of inspection and may take any action necessary to enforce compliance with applicable city codes and ordinances. During the period between the initial inspection and the re-inspection of the premises, the city may allow the continued rental of such premises unless the violations are so serious as to threaten the health or safety of the occupants.

(3) The registration fee set forth in § 150.25(E) entitles the owner to the once every three years initial inspection and one re-inspection per unit, if necessary to gain compliance with the provisions of this section. A $50 per unit fee shall be charged the owner for each re-inspection after the first re- inspection. The $50 per unit fee shall apply if the owner or tenant does not appear for a scheduled re- inspection or does not otherwise permit access to any unit scheduled for re-inspection.

(N) Request for inspection. The owner of any dwelling subject to this section may request inspections of such dwelling at any time.

(O) Certificate expiration.

(1) The certificate of inspection issued pursuant to this division shall expire three years from the date of triennial inspection; provided however, that if a re-inspection of the premises has not been completed prior to the expiration of the certificate of inspection, the dwelling covered by the certificate may continue to be rented and occupied until the re-inspection is completed and a new certificate of inspection is either issued or denied.

(2) The certificate of inspection shall have the expiration date prominently displayed on its face.

(P) Transferability of certificate. A certificate of inspection pursuant to this section shall be transferable to succeeding owners; provided, that the new owner shall register the premises as required by this section. The failure to properly register the premises as required by this section may result in the suspension or revocation of the certificate of inspection.

(Q) Certificate availability. Upon the request of an existing or prospective tenant, the owner or owner's agent shall produce the certificate of inspection.

(R) Notices and orders. Notice of violation; order of compliance. Whenever the Building Official/Inspector determines that there exists a violation of any provision of this code or any other applicable rule or regulation, he shall give notice of such violation to the person or persons responsible and shall order compliance. Each notice and order shall:

(1) Be in writing;

(2) Include a list of violations referring to the divisions of this sections or the applicable building codes being violated;

(3) Specify a time period not to exceed 30 days to begin the repairs, vacate the premises or demolish the premises;

(4) The notice of violation shall be delivered to the owner and occupant of the premises by delivering the same at the occupant's residence or the owner's place of business by certified mail, regular mail or in person.

(S) Enforcement of the order of the Building Official/Inspector. If any violations have not been corrected by the time allowed for said corrections, the Building Official/Inspector may initiate one or more of the following actions to insure compliance including but not limited to:

(1) Legal proceedings for the immediate correction of the violations;

(2) Revocation of any license;

(3) Causing the building to be repaired and the cost thereof recovered in the manner hereinafter provided by this code and all applicable laws;

(4) Upon written agreement granting a reasonable period of time from the date of the original notice and order to comply with the violations;

(5) Instituting proceedings to seek the demolition of the structure in accordance with all applicable laws;

(6) Requiring the dwelling to be vacated and not re-occupied until the repairs and improvements are completed, inspected and approved by the Building Official/Inspector.

(T) Appeal process. Any owner or other person aggrieved by any action taken by the city pursuant to this section or any applicable city code or ordinance, may request a review by or may make an appeal to the Building Board of Appeals. Upon receipt of the request or appeal, the Building Board of Appeals shall hear and consider the matter. An appeal must be taken within ten days from the city's action and shall be in writing addressed to the Building Board of Appeals. The owners shall have the right to appeal and be represented by counsel. The hearing shall be held within 45 days after a request is received by the Board. The Building Board of Appeals, after due and proper hearing, shall issue its order of decision and the decision may be further appealed in the manner provided by this section and state law.

(U) Other actions. Nothing in this section shall prevent the city from taking action under any applicable city code or ordinance for any violation thereof or limit the right or authority of the city to seek injunctive relief or other applicable legal remedy for any violation of such code or ordinance.

(Ord. O-05-05, passed 4-11-05; Am. Ord. O-07-04, passed 3-12-07)

§ 150.99 PENALTY.

(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be punished as provided in § 10.99.

(B) Any person, firm or corporation violating any of the provisions of § 150.03 shall be deemed guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this section is committed, continued, or permitted. Upon conviction of any such violation, such person shall be punished by a fine of not less than $300 and not more than $750 for each conviction.

(C) (1) Failure to install or maintain in operating condition, any smoke detector required by these regulations shall submit the offender to possible prosecution of a Class B misdemeanor and a fine of not less than $50 for the first offense nor more than $750.

(2) Tampering with, removing, destroying or discontinuing from power or removing batteries from any smoke detector except in the course of maintenance or replacement of a detector shall subject the offender to possible prosecution of a Class B misdemeanor and to a fine of not less than $100 for the first offense nor more than $750. Each required smoke detector found to be in noncompliance with these regulations shall be considered a separate violation.

(D) Whoever violates § 150.13 shall be fined not less than $20 nor more than $750 upon conviction.

(E) Whoever violates § 150.14 shall be fined not less than $50 nor more than $750 upon conviction. Each day is to be a separate offense.

(F) Each day of violation of § 150.20 shall be subject to a fine of not less than $20 nor more than $750 and each day such correction has not been made will be deemed a new violation.

('69 Code, §§ 5-6, 5-9, 5-10, 5-19) (Ord. O-69-4, passed 5-10-69; Am. Ord. O-69-4, passed 5-20-69; Am. Ord. O-82-01, passed 2-22-82; Am. Ord. O-89-25, passed 9-11-89; Am. Ord. O-92-09, passed 5-11-92; Am. Ord. O-93-24, passed 2-22-93; Am. Ord. O-94-13, passed 7-13-94; Am. Ord. O-96-02, passed 1-8-96; Am. Ord. O-04-30, passed 12-13-04; Am. Ord. O-05-02, passed 2-28-05)