There is hereby created a City Planning Commission, as provided for and authorized by Chapter 19, Article 9, Sections 19-924 to 19-929, both inclusive, Revised Statutes of the State for 1943, as amended.

(Code 1958, 2.45; Code 1980, 29-16)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-924, et seq.

The City Planning Commission shall consist of nine (9) members who shall represent insofar as possible, different professions or occupations in the City and shall hold no other municipal office, except when appointed to serve on the Board of Adjustment. Two (2) of such members may be residents of the area over which the City is authorized to exercise extraterritorial zoning and subdivision regulation. When there are one thousand (1,000) residents in the area over which the City exercises territorial zoning and subdivision regulations, one (1) member of the Commission shall be a resident from such area.

(Code 1958, 2.46; Code 1980, 29-17)

The members of the Planning Commission shall be appointed by the Mayor, by and with the approval of a majority vote of the members elected to the Council.

(Code 1958, 2.46; Code 1980, 29-18; Ord. No. 8280, § 1, 8-28-2018)

All members of the Planning Commission shall serve as such without compensation.

(Code 1958, 2.46; Code 1980, 29-19)

The term of each appointed member of the Planning Commission shall be three (3) years; except that three (3) members of the first (1st) commission appointed shall serve for the term of one (1) year, three (3) for the term of two (2) years and three (3) for the term of three (3) years. All members shall hold office until their successors are appointed.

(Code 1958, 2.47; Code 1980, 29-20)

Any members of the Planning Commission may, after a public hearing before the Council, be removed by the Mayor with the consent of a majority vote of the members elected to the Council, for inefficiency, neglect of duty, malfeasance in office or other good and sufficient cause.

(Code 1958, 2.47; Code 1980, 29-21; Ord. No. 8280, § 2, 8-28-2018)

Vacancies occurring in the membership of the Planning Commission, otherwise than through the expiration of the term, shall be filled for the unexpired term by the Mayor by and with the approval of a majority vote of the members elected to the Council.

(Code 1958, 2.47; Code 1980, 29-22; Ord. No. 8280, § 3, 8-28-2018)

The City Planning Commission shall elect its Chairperson from its members and shall create and fill such other of its offices as it may determine. The term of the Chairperson shall be one (1) year (and until his/her successor shall have been elected and qualified). The Chairperson shall be eligible for reelection. The term of other offices and their eligibility or non-eligibility for reelection shall be determined and fixed by the Commission.

(Code 1958, 2.48; Code 1980, 29-23)

The Planning Commission shall hold at least one (1) regular meeting in each month at such time and place as may be fixed by the Commission. Special meetings of the Commission may be called by the Chairperson, or in his/her absence, by such other officer as may be designated by the Commission, or by any three (3) members of the Commission.

(Code 1958, 2.48; Code 1980, 29-24)

A majority of the members appointed to the Planning Commission shall constitute a quorum for the transaction of business.

(Code 1958, 2.48; Code 1980, 29-25)

A majority vote of all the members present at the Planning Commission shall be required to pass any measure or elect to any office of the Commission.

(Code 1958, 2.48; Ord. No. 3435, 1, 9-22-81; Code 1980, 29-26)

The Planning Commission shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be a public record.

(Code 1958, 2.49; Code 1980, 29-27)

It shall be the function and duty of the City Planning Commission:

A.

To make and adopt plans for the physical development of the City, including any areas outside its boundaries which, in the Commission's judgment, bear relation to the planning of the City, and including a comprehensive development plan;

B.

To prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes and zoning ordinance in cooperation with other interested City departments.

C.

Consult and advise with public officials and agencies, public utilities, civic organizations, educational institutions, and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs;

D.

Have the power to delegate authority to any such group to conduct studies and make surveys for the Commission; make preliminary reports on its findings;

E.

Hold public hearings before submitting its final reports;

F.

May make arrangements consistent with its program; conduct or sponsor special studies or planning work for any public body or appropriate agency; receive grants, remuneration, or reimbursements for such studies or work; and at its public hearings, summon witnesses, administer oaths, and compel the giving of testimony.

(Code 1958, 2.50; Code 1980, 29-28; Ord. No. 5970, 6-27-95)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-929

The Council shall not hold its public meetings or take action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, or zoning until it has received the recommendation of the Planning Commission; provided, however, the failure of the Commission to act within ninety (90) days after the date of submission of such matters to the Commission shall be deemed an approval by the Commission unless a longer period be granted by the Council. No recommendation of the Planning Commission shall be required for subdivision of existing lots and blocks whenever all required public improvements have been installed, no new dedication of public rights-of-way or easements is involved, and such subdivision complies with the ordinance requirements concerning minimum areas and dimensions of such lots and blocks, if the Council has designated, by ordinance, an agent pursuant to Section 19-916, R.R.S.

(Code 1958, 2.52; Ord. No. 5175, 1, 10-9-90; Code 1980, 29-30)

All plans, plats or replats of lands laid out in building lots, and the streets, alleys and other portions thereof intended to be dedicated to the public use or for the use of the purchaser or owner of lots fronting thereon or adjacent thereto and located within the City limits, or additions adjoining or in connection with or under the jurisdiction of the City shall be submitted to the City Planning Commission for its consideration, and its recommendation shall be submitted to the Council for its official consideration and action. No such plat or replat shall be filed with the Register of Deeds as provided by law until such plat or replat shall have endorsed thereon the fact that it has been first submitted to the City Planning Commission for its approval or disapproval.

(Code 1958, 2.53; Code 1980, 29-31)

The Council may provide funds, equipment and accommodations necessary for the work of the City Planning Commission, but the expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Council, and no expenditures nor agreements for expenditures shall be valid in excess of such amounts.

(Code 1958, 2.54; Code 1980, 29-32)

The purpose of this Code is to provide minimum standards to safeguard life, limb, health, property and the public health, safety and welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the corporate limits of the City and within two (2) miles thereof.

(Ord. No. 2730, 3.2, 11-22-77; Code 1980, 9-1)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-132 and 19-922

Whenever the word "municipality" or the word "city" is used in the building code adopted by this Article, it shall be construed to mean the City of Kearney, Nebraska.

(Ord. No. 2730, 14, 11-22-77; Code 1980, 9-35)

Any person who shall violate any provision of the International Building Code or International Property Maintenance Code adopted by the provisions of this Article shall be deemed guilty of a misdemeanor, and shall be punished as provided by section 1-111 of this Code. Each day such violation continues shall be deemed a separate offense.

(Ord. No. 2730, 15, 11-22-77; Code 1980, 9-36; Ord. No. 7062, 5-11-2004)

Architects, builders and owners are herewith alerted to the fact that compliance with the International Residential Code, 2021 Edition and the International Building Code, 2021 Edition and the amendments contained therein does not guarantee or imply compliance with regulations and codes enforced by the State or other units of government. It is suggested that agencies such as the office of the State Fire Marshal be contacted to assure compliance with all laws which may be in effect.

These persons are also alerted to the fact that the issuance of a building permit does not authorize the building of a structure over a registered easement.

(Ord. No. 2730, 4, 11-22-77; Ord. No. 3569, 1, 1-11-83; Ord. No. 4079, 1, 3-28-89; Code 1980, 9-2; Ord. No. 7062, 5-11-2004; Ord. No. 7327, 2-13-2007 effective May 15, 2007; Ord. No. 7574, 2-23-2010; Ord. No. 7794, 3-12-2013; Ord. No. 8083, 6-28-2016 effective date October 16, 2016; Ord. No. 8361, § 1, 7-9-2019; Ord. No. 8593, § 1, 8-9-2022)

Subject to exceptions listed herein, the building official shall not issue any permit authorizing construction or remodeling of any building within the City or the City's zoning jurisdiction unless and until the applicant for the permit has provided plans and specifications certified by a state licensed architect or engineer as required by State Law, that the building has been designed and plans prepared in compliance with building code, the electrical code, and the plumbing code, including current revisions thereto, as adopted. The certification shall be on a form provided by the City and shall require the official stamp or seal of the architect or engineer and his/her signature.

The requirements of this section shall not apply to:

(1)

The construction, remodeling, alteration, or renovation of a detached single-family through four-family dwelling of less than ten thousand square feet of above grade finished space. Any detached or attached sheds, storage buildings, and garages incidental to the dwelling are not included in the tabulation of finished space;

(2)

The construction, remodeling, alteration, or renovation of farm buildings, including barns, silos, sheds, or housing for farm equipment and machinery, livestock, poultry, or storage, if the structures are designed to be occupied by no more than twenty persons;

(3)

Any public works project with contemplated expenditures for a completed project that do not exceed forty thousand dollars.

(4)

Any alteration, renovation, or remodeling of a building if the alteration, renovation, or remodeling does not, as determined by the building official, affect architectural or engineering safety features of the building.

(Ord. No. 2730, 7, 11-22-77; Ord. No. 3569, 2, 1-11-83; Code 1980, 9-4; Ord. No. 6463, 9-22-98, Ord. No. 8185, 10-10-17)

To guarantee faithful performance and compliance with the building code and all other provisions of this Code and City ordinances pertaining to construction in the City of Kearney's jurisdiction, anyone applying for a building permit shall be considered a building contractor and shall be registered with the City. Homeowners working on their primary residence shall not be considered a building contractor.

(Ord. No. 2730, 5.1, 11-22-77; Code 1980, 9-16; Ord. No. 6298, 7-8-97; Ord. No. 8218, 2-13-2018)

Continued violation of the provisions of the City building code or zoning ordinance may result in the suspension of a contractor's registration until such time as the violations shall have been corrected to the satisfaction of the City.

(Ord. No. 2730, 5.1, 11-22-77; Code 1980, 9-17)

(Ord. No. 7156, 3-22-2005)

(Ord. No. 8217, 2-13-2018)

The regulations contained in the building code known as the "International Residential Code, 2021 Edition and the International Building Code, 2021 Edition" recommended by the International Code Council, and the whole thereof except such portions as are hereinafter deleted, modified or amended, the provisions of which shall be controlling in the construction of all buildings and structures within the corporate limits of the City and within two (2) miles thereof, are hereby adopted, incorporated and made a part of this Code the same as though spread at large herein. One (1) printed copy of this publication described above shall be filed in the office of the City Clerk and copies of said publication shall be kept in the office of the Building Official for use and examination of the public.

(Ord. No. 2730, 11, 11-22-77; Ord. No. 3569, 3, 1-11-83; Ord. No. 4079, 3, 3-28-89; Ord. No. 5938, 5-9-95; Ord. No. 6381, 4-28-98; Ord. No. 7062, 5-11-2004; Ord. No. 7327 effective May 15, 2007; Ord. No. 7574, 2-23-2010; Ord. No. 7794, 3-12-2013; Ord. No. 8083, 6-28-2016 effective date October 16, 2016; Ord. No. 8361, § 2, 7-9-2019; Ord. No. 8593, § 2, 8-9-2022)

State Law reference— Adoption of standard codes, Neb. Rev. Stat. 18-132; Neb. Rev. Stat. 19-922

The regulations contained in the code known as the "International Property Maintenance Code, 2021 Edition" recommended by the International Code Council, are hereby adopted, incorporated and made a part of this Code of Ordinances the same as though spread at large herein. One (1) printed copy of such code shall be filed in the office of the City Clerk.

(Ord. No. 3569, 4, 1-11-83; Ord. No. 4079, 4, 3-28-89; Code 1980, 9-32; Ord. No. 5939, 5-9-95; Ord. No. 6381, 4-28-98; Ord. No. 7062, 5-11-2004; Ord. No. 7327 effective May 15, 2007; Ord. No. 7574, 2-23-2010; Ord. No. 7794, 3-12-2013; Ord. No. 8083, 6-28-2016 effective date October 16, 2016; Ord. No. 8361, § 3, 7-9-2019; Ord. No. 8593, § 3, 8-9-2022)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-132 and 19-922

Subsequent editions or revisions of the International Building Code and the International Property Maintenance Code adopted by the provisions of this Article shall be considered adopted and of full force and effect within the City upon the approval thereof by the Council and the filing of one (1) copy thereof in the office of the City Clerk.

(Ord. No. 2730, 13, 11-22-77; Code 1980, 9-33; Ord. No. 7062, 5-11-2004)

State Law reference— Adoption of standard codes, Neb. Rev. Stat. 18-132 and 19-922

The regulations contained in the code known as the "International Energy Conservation Code, 2018 Edition" recommended by the International Code Council, are hereby adopted, incorporated and made a part of this Code of Ordinances the same as though spread at large herein. One (1) printed copy of such code shall be filed in the office of the City Clerk.

(Ord. No. 7183, 6-14-2005; Ord. No. 8083, 6-28-2016 effective date October 16, 2016; Ord. No. 8484, 4-27-2021, effective date October 1, 2021)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-132, 19-922 and 81-1611

Subsequent editions or revisions of the International Building Code and the International Energy Conservation Code adopted by the provisions of this Article shall be considered adopted and of full force and effect within the City upon the approval thereof by the Council and the filing of one (1) copy thereof in the office of the City Clerk.

(Ord. No. 7183, 6-14-2005)

State Law reference— Adoption of standard codes, Neb. Rev. Stat. 18-132 and 19-922

The International Building Code, hereinafter referred to as the "Code", and adopted by the provisions of this Article is hereby amended, altered, changed and modified as follows:

(1)

Section 101 General, Paragraph 101.2 Scope of the Code is hereby amended by adding a new paragraph thereto reading as follows:

Where, in any specific case, different sections of the Kearney City Code including the Unified Land Development Ordinance specify different materials, methods of construction or other requirements, the most restrictive, as determined by City of Kearney officials, shall govern.

(2)

Section 103, Code Compliance Agency of the Code is hereby amended by adding new paragraphs reading as follows:

Any building or portion thereof, including buildings and structures in progress of erection, if found to be dangerous to persons or property or unsafe for the purpose for which it is being used or intended to be used or in danger from fire due to defects in construction or dangerous for use because of insufficient means of egress in case of fire or which violates the provisions of this Code due to the removal, decay, deterioration or falling off of any appliance or device originally required in this Code, or which has become damaged by the elements or by fire to an extent of fifty one percent (51%) of its value, may be condemned by the Building Official. All such condemned buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the International Property Maintenance Code or such alternate procedures, as may be adopted by this jurisdiction. The person receiving such notice shall within forty-eight (48) hours apply to the Development Services Department for a demolition permit and shall proceed diligently to demolish the building. Any person having legal interest in the property may appeal this decision to the Board of Adjustment within twenty (20) days of this notice. The appeal must be made in writing in accordance with Section 111 of the International Property Maintenance Code.

No such building shall be occupied for any purpose after the Building Official serves written notice of its unsafe, dangerous or condemned condition until the instructions of the Building Official have been accomplished. If, at the expiration of the time set forth, the instructions have not been complied with, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building as set forth in the International Property Maintenance Code.

(3)

Section 104, Duties and Powers of the Building Official, Paragraph 104.1, General of the Code is hereby amended by adding a new a paragraph reading as follows:

There is hereby established in the City of Kearney the "Development Services Department" which shall be under the jurisdiction of the "City Manager." Any further reference in this Code to "Building Official" shall mean "the duly appointed representative of the City Manager."

Whenever the Code provides that anything must be done to the approval of or subject to the direction of the enforcing officer, this shall be construed to give such officer only the power to determine whether the rules and regulations established by the ordinance have been complied with and shall not be construed as giving such officer discretionary powers.

(4)

Section 105, Permits of the Code is hereby amended by adding thereto a new paragraph reading as follows:

Any person engaged in the erection, construction, reconstruction, wrecking or repairing of any building, or the construction or repair of any sidewalk along any street, may occupy the public space, whether street, sidewalk space, or alley, in the manner hereinafter provided. Such person shall make an application to the Building Official who may grant a permit for such period of time as is in the best interest of the City to occupy such portion of the public space as may be approved by the Building Official; provided that the public space must be adjacent to the real estate on which the building is to be erected, constructed, reconstructed, wrecked or repaired, or along which a sidewalk is to be constructed or repaired. A suitable walkway, not less than four (4) feet in width, may be required within the public space included in the permit.

(5)

Section 105, Paragraph 105.2, Work Exempt from Permit of the Code is hereby deleted and repealed.

(6)

Section 109, Paragraph 109.2, Schedule of Permit Fees of the Code is hereby amended by adding new paragraphs reading as follows:

A.

Permit Fees: A fee for each permit shall be as set forth in the City of Kearney Comprehensive Fee Schedule.

1.

Application for building permits shall be filed in the office of the Building Official, which shall be the office of record for related matters referred to in this Code. Fees to be paid to the City for building permits shall be charged as follows:

(a)

Building permit fees. For each building permit issued, there shall be charged and collected a fee as set forth in the Comprehensive Fee Schedule for each building to be constructed, erected or altered under such permit in accordance with the following schedule:

Residential and accessory buildings.

All other buildings or structures.

Minimum permit fee. Antennas, radio towers, or other use of land of a type not providing floor space to which the above schedule is applicable.

Foundation permits only, where complete plans have not been submitted and approved and only applicable when approved by the Building Official.

There shall be a separate permit for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.

(b)

Fee for use of public space for storage during private construction. A fee shall be charged for the use of public space for storage during private construction.

(c)

Demolition permit fees. A fee as set forth in the Comprehensive Fee Schedule for each demolition permit shall be paid as follows:

Business or commercial building.

Residential or accessory building.

The applicant shall apply and pay for any street use permit and any permit for parking spaces or public ways, which shall be out of use during demolition.

(d)

Federal and State buildings. If a building is designed and constructed by the federal or state government, no fee will be charged, but the building must comply with all requirements of this Code and the Unified Land Development Ordinance.

(e)

Remodeling fees.

(f)

Fence permits fees.

2.

Where work for which a permit is required by this Code is started prior to obtaining the prescribed permit, the fee as set forth in the City of Kearney Comprehensive Fee Schedule shall be doubled. The payment of such double fees shall not relieve any person from fully complying with the requirements of this Code in the execution of the work or from any other penalties prescribed herein.

(7)

Section 109. Paragraph 109.5, Related Fees of the Code is hereby amended to read as follows:

Plan Review Fees. When a plan or other data are required to be submitted by subsection R106 of the International Residential Code, a plan-checking fee as set forth in the City of Kearney Comprehensive Fee Schedule may be required by the Building Official at the time of submitting plans and specifications for review.

Where plans are incomplete or changed so as to require additional plan-checking, an additional plan-check fee shall be charged at a rate established by the Building Official.

(8)

Section 110, Inspections, Paragraph 110.1, General of the Code is hereby amended by adding a new paragraph thereto reading as follows:

Identification Signs. All constructions, additions, alterations or repairs for which a permit is required by this Code shall provide a construction address identification sign, unless the facility has a permanently displayed address. Said identification sign shall be a sign of metal, wood, plastic, or other approved rigid material with permanent identification numbers and letters thereon indicating the legally assigned street or other type address assigned by the Building Official. Said identification sign shall have numbers and letters such size and shall be so placed upon the construction site that said sign is readily visible and identifiable from the public street. Said identification sign shall be properly maintained during the entire period of time that the construction or work is being accomplished or maintained.

(9)

Section 110 Inspections, Paragraph 110.3.10, Other Inspections of the Code is hereby amended by adding a new paragraph thereto reading as follows:

Re-Inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This subsection is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the permit card is not properly posted on the worksite, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or from deviating from plans requiring the approval of the Building Official.

To obtain a re-inspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay a re-inspection fee as set forth in the City of Kearney Comprehensive Fee Schedule.

In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

The inspector at his/her option may require that re-inspections be made within a reasonable, specified time, the purpose here being prevention of missed re-inspections and long delays.

(10)

Section 111 Certificate of Occupancy, Paragraph 111.1, Change of Occupancy of the Code is hereby amended to read as follows:

Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefore 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. Certificates 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 responsibility of a permit holder or his/her agent to call for all required inspections, including the final inspection, of all constructions, additions, alterations or repairs performed under a building permit. Final inspection shall be called for by the permit holder or his/her agent prior to occupancy of the building or structure or portion thereof. In the event any permit holder or his/her agent shall fail to call for final inspection as herein provided, or in the event any permit holder or his/her agent shall have a backlog of permits with no final inspections completed, in either such event, the Building Official is authorized to withhold further issuance of any permits under this Code to said permit holder or his/her agent until final inspections have been completed as provided by this Code.

(11)

Section 113, Board of Appeals of the Code is hereby amended by adding the following language thereto reading as follows:

The Board of Appeals shall be the Board of Adjustments as referred to in Chapter 59 of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney.

Any person who is aggrieved by any decision of the Building Official relating to the suitability of alternate materials, methods of construction or interpretation of any provision of this Code, except the Administrative provisions, may obtain review of such decision by the Board of Appeals upon filing a written request for review with the office of the Building Official and payment of a filing fee as set forth in the City of Kearney Comprehensive Fee Schedule.

(12)

Section J109.4 Drainage Across Property Lines, of Section J109 Drainage and Terracing of Appendix J Grading of the International Building Code is hereby amended by adding the following paragraphs:

Erosion control shall be provided on all individual construction sites including all single-family development sites. Control shall consist of silt fencing or other approved means at the perimeter of any site where excavated material, fill material or topsoil would otherwise migrate to any adjacent property.

Erosion control shall be provided to prevent the transmission of soils from all construction sites, including single-family sites, onto an improved City roadway surface. Temporary rock parking and/or staging areas shall be provided for trucks or equipment that periodically enter and exit construction sites onto an improved roadway.

Failure to incorporate erosion control mitigation may cause the Building and Zoning Division to cease further inspections or issue citations or both until erosion control methods are implemented. Any costs incurred by the City, associated with cleaning or managing soil migration unto an improved roadway surface, shall be assessed to the property.

(Ord. No. 2730, §12.1-12.23, 11-22-77; Ord. No. 3411, 1, 8-11-81; Ord. No. 3569, 5, 1-11-83; Ord. No. 3622, 1, 8-23-83; Ord. No. 4004, 1, 4-12-88; Ord. No. 4079, 5, 3-28-89; Ord. No. 5013, 1, 5-23-89; Ord. No. 5095, 1, 2-27-90; Ord. No. 5167, 1, 9-25-90; Code 1980, 9-34; Ord. No. 5346, 1-14-92; Ord. No. 5349, 1-28-92; Ord. No. 5823, 8-9-94; Ord. No. 5940, 5-9-95; Ord. No. 6381, 4-28-98; Ord. No. 6866, 3-12-2002; Ord. No. 6912, 9-10-2002; Ord. No. 7062, 5-11-2004; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 8083, 6-28-2016 effective date October 16, 2016; Ord. No. 8361, § 4, 7-9-2019; Ord. No. 8593, § 4, 8-9-2022)

The International Residential Code, hereinafter referred to as the "Code", and adopted by the provision of this Article is hereby amended, altered, changed and modified as follows:

(1)

Section 101 General, Paragraph 101.2 Scope of the Code is hereby amended by adding a new paragraph thereto reading as follows:

Where, in any specific case, different sections of the Kearney City Code including the Unified Land Development Ordinance specify different materials, methods of construction or other requirements, the most restrictive, as determined by City of Kearney officials, shall govern.

(2)

Section 103, Department of Building Safety of the Code is hereby amended by adding new paragraphs reading as follows:

Any building or portion thereof, including buildings and structures in progress of erection, if found to be dangerous to persons or property or unsafe for the purpose for which it is being used or intended to be used or in danger from fire due to defects in construction or dangerous for use because of insufficient means of egress in case of fire or which violates the provisions of this Code due to the removal, decay, deterioration or falling off of any appliance or device originally required in this Code, or which has become damaged by the elements or by fire to an extent of fifty one percent (51%) of its value, may be condemned by the Building Official. All such condemned buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the International Property Maintenance Code or such alternate procedures, as may be adopted by this jurisdiction. The person receiving such notice shall within forty-eight (48) hours apply to the Development Services Department for a demolition permit and shall proceed diligently to demolish the building. Any person having legal interest in the property may appeal this decision to the Board of Adjustment within twenty (20) days of this notice. The appeal must be made in writing in accordance with Section 111 of the International Property Maintenance Code.

No such building shall be occupied for any purpose after the Building Official serves written notice of its unsafe, dangerous or condemned condition until the instructions of the Building Official have been accomplished. If, at the expiration of the time set forth, the instructions have not been complied with, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building as set forth in the International Property Maintenance Code.

(3)

Section 104, Duties and Powers of the Building Official, Paragraph 104.1, General of the Code is hereby amended by adding a new a paragraph reading as follows:

There is hereby established in the City of Kearney the "Development Services Department" which shall be under the jurisdiction of the "City Manager." Any further reference in this Code to "Building Official" shall mean "the duly appointed representative of the City Manager."

Whenever the Code provides that anything must be done to the approval of or subject to the direction of the enforcing officer, this shall be construed to give such officer only the power to determine whether the rules and regulations established by the ordinance have been complied with and shall not be construed as giving such officer discretionary powers.

(4)

Section 105, Permits of the Code is hereby amended by adding thereto a new paragraph reading as follows:

Any person engaged in the erection, construction, reconstruction, wrecking or repairing of any building, or the construction or repair of any sidewalk along any street, may occupy the public space, whether street, sidewalk space, or alley, in the manner hereinafter provided. Such person shall make an application to the Building Official who may grant a permit for such period of time as is in the best interest of the City to occupy such portion of the public space as may be approved by the Building Official; provided that the public space must be adjacent to the real estate on which the building is to be erected, constructed, reconstructed, wrecked or repaired, or along which a sidewalk is to be constructed or repaired. A suitable walkway, not less than four (4) feet in width, may be required within the public space included in the permit.

(5)

Section 105, Paragraph 105.2, Work Exempt from Permit of the Code is hereby deleted and repealed.

(6)

Section 108, Paragraph 108.2, Schedule of Permit Fees of the Code is hereby amended by adding new paragraphs reading as follows:

A.

Permit Fees: A fee for each permit shall be as set forth in the City of Kearney Comprehensive Fee Schedule.

1.

Application for building permits shall be filed in the office of the Building Official, which shall be the office of record for related matters referred to in this Code. Fees to be paid to the City for building permits shall be charged as follows:

(a)

Building permit fees. For each building permit issued, there shall be charged and collected a fee as set forth in the Comprehensive Fee Schedule for each building to be constructed, erected or altered under such permit in accordance with the following schedule:

Residential and accessory buildings.

All other buildings or structures.

Minimum permit fee. Antennas, radio towers, or other use of land of a type not providing floor space to which the above schedule is applicable.

Foundation permits only, where complete plans have not been submitted and approved and only applicable when approved by the Building Official.

There shall be a separate permit for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.

(b)

Fee for use of public space for storage during private construction. A fee shall be charged for the use of public space for storage during private construction.

(c)

Demolition permit fees. A fee as set forth in the Comprehensive Fee Schedule for each demolition permit shall be paid as follows:

Business or commercial building.

Residential or accessory building.

The applicant shall apply and pay for any street use permit and any permit for parking spaces or public ways, which shall be out of use during demolition.

(d)

Federal and State buildings. If a building is designed and constructed by the federal or state government, no fee will be charged, but the building must comply with all requirements of this Code and the Unified Land Development Ordinance.

(e)

Remodeling fees.

(f)

Fence permits fees.

2.

Where work for which a permit is required by this Code is started prior to obtaining the prescribed permit, the fee as set forth in the City of Kearney Comprehensive Fee Schedule shall be doubled. The payment of such double fees shall not relieve any person from fully complying with the requirements of this Code in the execution of the work or from any other penalties prescribed herein.

(7)

Section 108. Paragraph 108.4, Related Fees of the Code is hereby amended to read as follows:

Plan Review Fees. When a plan or other data are required to be submitted by subsection R106 of the International Residential Code, a plan-checking fee as set forth in the City of Kearney Comprehensive Fee Schedule may be required by the Building Official at the time of submitting plans and specifications for review.

Where plans are incomplete or changed so as to require additional plan-checking, an additional plan-check fee shall be charged at a rate established by the Building Official.

(8)

Section 109, Inspections, Paragraph 109.1, General of the Code is hereby amended by adding a new paragraph thereto reading as follows:

Identification Signs. All constructions, additions, alterations or repairs for which a permit is required by this Code shall provide a construction address identification sign, unless the facility has a permanently displayed address. Said identification sign shall be a sign of metal, wood, plastic, or other approved rigid material with permanent identification numbers and letters thereon indicating the legally assigned street or other type address assigned by the Building Official. Said identification sign shall have numbers and letters such size and shall be so placed upon the construction site that said sign is readily visible and identifiable from the public street. Said identification sign shall be properly maintained during the entire period of time that the construction or work is being accomplished or maintained.

(9)

Section 109 Inspections, Paragraph 109.1.5, Other Inspections of the Code is hereby amended by adding a new paragraph thereto reading as follows:

Re-Inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This subsection is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the permit card is not properly posted on the worksite, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or from deviating from plans requiring the approval of the Building Official.

To obtain a re-inspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay a re-inspection fee as set forth in the City of Kearney Comprehensive Fee Schedule.

In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

The inspector at his/her option may require that re-inspections be made within a reasonable, specified time, the purpose here being prevention of missed re-inspections and long delays.

(10)

Section 110 Certificate of Occupancy, Paragraph 110.1, Change of Occupancy of the Code is hereby amended to read as follows:

Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefore 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. Certificates 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 responsibility of a permit holder or his/her agent to call for all required inspections, including the final inspection, of all constructions, additions, alterations or repairs performed under a building permit. Final inspection shall be called for by the permit holder or his/her agent prior to occupancy of the building or structure or portion thereof. In the event any permit holder or his/her agent shall fail to call for final inspection as herein provided, or in the event any permit holder or his/her agent shall have a backlog of permits with no final inspections completed, in either such event, the Building Official is authorized to withhold further issuance of any permits under this Code to said permit holder or his/her agent until final inspections have been completed as provided by this Code.

(11)

Section 112, Board of Appeals of the Code is hereby amended by adding the following language thereto reading as follows:

The Board of Appeals shall be the Board of Adjustments as referred to in Chapter 59 of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney.

Any person who is aggrieved by any decision of the Building Official relating to the suitability of alternate materials, methods of construction or interpretation of any provision of this Code, except the Administrative provisions, may obtain review of such decision by the Board of Appeals upon filing a written request for review with the office of the Building Official and payment of a filing fee as set forth in the City of Kearney Comprehensive Fee Schedule.

(12)

Section R301.1.4 Intermodal shipping containers of the International Residential Code is hereby deleted in its entirety.

(13)

Section R301 Design Criteria, Table R301.5, Minimum Uniformly Distributed Live Loads of the International Residential Code is hereby amended to read: Habitable attics and attics served with fixed stairs forty (40); Sleeping rooms forty (40).

(14)

Table R302.1 (1) Exterior walls, Footnote b. of the International Residential Code is hereby deleted in its entirety.

(15)

Table R302.1 (2) Exterior walls, Footnote c. of the International Residential Code is hereby deleted in its entirety.

(16)

Section R305 Ceiling Height, Paragraph R305.1.1, Basements of the International Residential Code is hereby deleted in its entirety.

(17)

Section R307 Toilet, Bath and Shower Spaces, Paragraph R307.1 is hereby deleted in its entirety.

(18)

Section R309.5 Fire Sprinklers is hereby deleted in its entirety.

(19)

Section R310.2.1 Minimum Opening Area "Exception": Grade floor or below grade openings shall have a net clear opening of not less than 5 square feet (0.465 m2) is deleted in its entirety.

(20)

Section R311.3.1 Floor Elevations at Required Egress Doors, Exception of the International Residential Code is hereby amended to read as follows:

The landing or floor on the exterior side shall not be more than eight (8) inches (203 mm) below the top of the threshold provided the door does not swing over the landing or floor.

(21)

Section R311.3.2 Floor Elevations for other Exterior Doors of the International Residential Code is hereby amended to read as follows:

Doors other than the required egress door shall be provided with landings or floors not more than eight (8) inches (203 mm) below the top of the threshold.

(22)

Section R311.7.5.1 Risers the first sentence of the section of the International Residential Code is hereby amended to read:

The maximum riser height shall be eight (8) inches (203 mm).

(23)

Section R311.5.7.2 Treads of the International Residential Code, the first sentence of this section is hereby amended to read:

The minimum tread depth shall be nine (9) inches (229 mm).

(24)

Section R311.5.3 Vertical Rise of the International Residential Code is hereby amended to read:

A flight of stairs shall not have a vertical rise larger than 152 inches (3861 mm) between floor levels or landings.

(25)

Section R311.7.5.2.1 Winder Treads of the International Residential Code, the first sentence of this section is hereby amended to read:

Winder treads shall have a minimum tread depth of nine (9) inches (229 mm) measured between the vertical planes of the foremost projection of adjacent treads at the intersection of the walkline.

(26)

Section R313 Automatic Fire Sprinkler Systems of the International Residential Code is hereby deleted in its entirety.

(27)

Section R315 Carbon Monoxide Alarms, Paragraph R315.3 Location is hereby amended by adding a new paragraph reading as follows:

All basements and crawlspaces where a fuel-burning appliance is provided, a minimum of one (1) carbon monoxide alarm shall be required. Combination alarms shall be permitted and shall be interconnected.

(28)

Section R317 Protection of Wood and Wood Based Products Against Decay, Paragraph R317.1 Location Required, Item 2 of the International Residential Code is hereby amended to read:

All wood framing members, sills or plates that rest on concrete or masonry exterior foundation walls.

(29)

Section R317 Protection of Wood and Wood Based Products Against Decay, Paragraph R317.1, Location Required, Item 7 of the International Residential Code is hereby deleted.

(30)

Section R403 Footings, Table 403.1 Minimum Width of Concrete, Precast or Masonry Footings (inches)^a of the International Residential Code is hereby amended to read: Minimum Footing and Foundation Dimensions in (inches)/Rebar and Anchor Requirements.

* Brick veneers require ten (10) inch masonry units.

•

#4 Rebar shall be placed every four (4) foot, at corners and opening with cores filled with masonry concrete.

•

One-half (½) inch anchor bolts shall be placed every six (6) foot and twelve (12) inches from corners and openings with cores filed; anchor straps shall be placed every four (4) foot and twelve (12) inches from corners and openings.

Notes: Footings and foundations for residential and commercial projects may vary from these requirements when designed by an engineer registered and licensed in the State of Nebraska. Approved plans and specifications must include footings and foundation designed in accordance with a soil condition report, soil compaction and soil bearing report. Design must include the compressive strength of concrete and location of reinforcing steel and be subject to approval by the Building Official. Detached garages and accessory buildings may vary from these requirements upon approval of plans and specifications by the Building Official for lesser requirements. Accessory buildings may be placed on a floating slab when the structure is six hundred (600) square feet or less.

(31)

Section R502 Wood Floor Framing, Paragraph R502.3 Allowable Joist Spans of the International Residential Code is hereby amended to read:

Spans for floor joist shall be in accordance with Table R502.3.1(2). For other grades and species and for other loading conditions, refer to the 2021 American Wood Council Span Tables for Joists and Rafters (AWC STJR).

(32)

Section R502 Wood Floor Framing, Paragraph R502.3.1, Sleeping Areas and Attic Joist of the International Residential Code is hereby deleted in its entirety.

(33)

Section R502 Wood Floor Framing, Paragraph R502.3.2, Other Floor Joists of the International Residential Code is hereby amended to read as follows:

Table R502.3.1(2) shall be utilized to determine the maximum allowable span of floor joist that support all areas of the building, provided that the design live load does not exceed forty (40) psf (1.92 kN/m2) and the design dead does not exceed ten (10) psf (0.48kN/m2).

(34)

Section R507 Exterior Decks, Table R507.3.1, Minimum Footing Size for Decks of the International Residential Code is hereby amended to read as follows: Minimum Footing Dimensions in inches.

Note: Footings for residential and commercial projects may vary from these requirements when designed by an engineer registered and licensed in the State of Nebraska. Approved plans and specifications must include footings and foundation designed in accordance with a soil condition report, soil compaction and soil bearing report. Design must include the compressive strength of concrete and location of reinforcing steel and be subject to approval by the Building Official.

(35)

Section R507 Exterior Decks, Paragraph R507.3, Footings, Exception 2 of the International Residential Code is deleted in its entirety.

(36)

Part IV - Energy Conservation, Chapter 11, Energy Efficiency of the International Residential Code is hereby deleted in its entirety.

(37)

Part V - Mechanical of the International Residential Code is deleted in its entirety.

(38)

Part VI - Fuel Gas, Chapter 24, Fuel Gas of the International Residential Code is hereby deleted in its entirety.

(39)

Part VII - Plumbing of the International Residential Code is hereby deleted in its entirety.

(40)

Part VIII - Electrical of the International Residential Code is hereby deleted in its entirety.

(41)

The following appendix chapters of the International Residential Code are hereby deleted in their entirety:

•

Appendix AA, Sizing and Capacities of Gas Piping.

•

Appendix AB, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances listed use with Type B Vents.

•

Appendix AC, Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems.

•

Appendix AD, Recommended Procedure for Safety Inspection of an Existing Appliance Installation.

•

Appendix AE, Manufactured Housing Used as Dwellings.

•

Appendix AF, Radon Control Methods.

•

Appendix AH, Patio Covers.

•

Appendix AI, Private Sewage Disposal.

•

Appendix AK, Sound Transmission.

•

Appendix AL, Permit Fees.

•

Appendix AM, Home Day Care R-3 Occupancy.

•

Appendix AN, Venting Methods.

•

Appendix AP, Sizing of Water Piping System.

•

Appendix AQ, Tiny Houses.

•

Appendix AR, Light Straw-Clay Construction.

•

Appendix AS, Strawbale Construction.

•

Appendix AT, Solar-ready Provisions.

•

Appendix AU, Cob Construction.

•

Appendix AV, Board of Appeals.

•

Appendix AW, 3D-printed Building Construction.

•

Appendix AX, Zero Energy Residential Building Provisions.

(Ord. No. 7062, 5-11-2004; Ord. No. 7327, 2-13-2007 effective May 15, 2007; Ord. No. 7794, 3-12-2013; Ord. No. 8083, 6-28-2016 effective date October 16, 2016, Ord. No. 8185, 10-10-2017; Ord. No. 8361, § 5, 7-9-2019; Ord. No. 8593, § 5, 8-9-2022)

The International Energy Conservation Code, hereinafter referred to as the "Code," and adopted by the provision of this Article is hereby amended, altered, changed and modified as follows:

(1)

Table R402.1.2 Change the R-Value for Climate Zone 5 for Basement Wall R-Value to R-15.

(2)

Table R402.1.2 Change the R-Value for Climate Zone 5 for Crawl Space Wall R-Value to R-15.

(3)

Table R402.1.2 Foot Note "d" is hereby amended by removing the sentence: R-5 insulation shall be provided under the full slab in addition to the required slab edge insulation R-value for slabs, as indicated in the table.

(4)

Section R402.4.1.2 Testing of the International Energy Conservation Code is hereby deleted in its entirety.

(5)

Section R403.3.3 Duct Testing Exceptions is hereby amended by adding a new paragraph reading as follows: 3. A duct air-leakage test shall not be required for ducts that are sprayed with closed cell foam.

(6)

Section R403.3.5 Building cavities (Mandatory) is hereby amended by adding a new paragraph reading as follows: Exception: Interior building cavities may be used as ducts or plenums for return air, when completely panned and sealed.

(7)

Section R403.4.1 Protection of Piping Insulation of the International Energy Conservation Code is hereby deleted in its entirety.

(8)

Section R403.6 Mechanical ventilation (Mandatory) of the International Energy Conservation Code is hereby deleted in its entirety.

(Ord. No. 8484, 4-27-2021, effective date October 1, 2021)

(Ord. No. 2730, 8.1, 11-22-77; Code 1980, 9-44; Ord. No. 6866, 3-12-2002)

(Ord. No. 2730, 8.2, 11-22-77; Ord. No. 3700, 1, 6-23-81; Ord. No. 3430, 1, 9-8-81; Ord. No. 3458, 1, 10-13-81; Code 1980, 9-45; Ord. No. 6866, 3-12-2002)

No fence or screen wall shall be erected, constructed or moved until a building permit shall have been procured from the Building Official. Application for a building permit for a fence shall include a sketch of the lot, the location of any buildings on the lot, the proposed fence, and sufficient dimensions to accurately locate these features.

A fee shall be paid by the applicant as provided elsewhere in this Chapter for such permit.

(Ord. No. 2730, 8.3, 11-22-77; Ord. No. 3430, 2, 9-8-81; Code 1980, 9-46)

(Ord. No. 6536, 5-11-99)

(Ord. No. 6763, 2-13-2001; Ord. No. 6866, 3-12-2002)

It shall be unlawful for any person owning or controlling any property in the city to erect, construct, maintain or permit to remain on the property any fence charged with electricity.

In any prosecution, testimony that any fence was under the control of the defendant or situated on his premises, and that any person received an electric shock by coming in contact with the fence, shall be prima facie evidence that the defendant caused the fence to be charged with a current of electricity and caused or permitted the fence to be connected with a source of electricity. (Ord. No. 6536, 5-11-99; Ord. No. 6866, 3-12-2002)

Before any building may be moved from one (1) site to another or moved from outside the City to a site within the City's zone of jurisdiction, the owner must meet the following requirements:

A.

Arrange for inspection of building to determine feasibility of moving and compliance with building code and to provide bond as required by section 9-502.

B.

Apply for a moving permit which shall include:

1.

Plot plan showing proper setbacks;

2.

Ownership of building and legal description of the lot onto which the building is to be moved;

3.

Statement that taxes have been paid at the old location;

4.

Route to be taken, date on which the building will be moved, time required for moving;

5.

How and by whom the building is to be moved;

6.

Agreement to connect with available city water and sewer at the new location;

7.

Approval from the electric power, telephone, cable TV, railroad and telegraph companies that have lines crossing the proposed route;

8.

Signatures of officials verifying that all utilities have been properly disconnected;

9.

Must comply with state laws for the removal of asbestos;

10.

Pre-inspection by City Official. Pre-inspection to include but not limited to:

a.

Life Safety Issues (i.e. egress windows)

b.

Electrical GFCI

c.

Smoke Detectors

d.

DVW Piping and Vents

e.

Stairway Standards

f.

Exterior siding shall be brought up to standards of surrounding structures;

g.

The maximum height of a foundation for a moved structure shall be four (4) feet above grade, with a maximum concrete block exposure of no more than twenty-four (24) inches above the adjacent grade on all street-facing facades.

11.

Arrange for police escort;

12.

Obtain approval of permits by building official before moving.

C.

Apply for building permit.

D.

Pay moving permit fee as set forth in the City of Kearney Comprehensive Fee Schedule.

E.

Any building with a floor area measured from the outside walls of two hundred sixty-four (264) square feet or less shall be exempt from the requirements of this Article.

(Ord. No. 2730, 9.1, 11-22-77; Ord. No. 3522, 1, 5-11-82; Ord. No. 3940, 1, 8-11-87; Ord. No. 5012, 1, 5-23-89; Ord. No. 5096, 1, 2-27-90; Code 1980, 9-55; Ord. No. 6912, 9-10-2002; Ord. No. 6942, 3-11-2003; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

The owner or contractor must post a completion bond in the amount of fifty percent (50%) of the cost of improvement as determined by the Building Official, but, in any event, not less than a minimum bond of twenty-five thousand dollars ($25,000.00), conditioned to complete the building according to plans and specifications.

(Ord. No. 2730, 9.2, 11-22-77; Ord. No. 3941, 1, 8-11-87; Code 1980, 9-56)

All building movers operating in the jurisdiction of the City shall be registered with the City and shall furnish to the City a policy or policies of insurance, approved by the City Attorney, providing minimum public liability coverage in the amount of one million dollars ($1,000,000.00), combined single limits or its equivalent, naming the City as an additional named insured.

(Ord. No. 2730, 9.3, 11-22-77; Ord. No. 3830, 1, 3-11-86; Code 1980, 9-57)

The application for a moving permit shall be presented to the City Building Official. Upon examination of the same, the City Manager may issue the permit or may impose such additional conditions as may be deemed expedient for the protection of public health and safety before the permit is issued. If, upon examination of the moving permit for any building with an area of two hundred sixty-four (264) square feet or more, the City Building Official finds everything in order, he/she may grant the moving permit without further approval.

(Ord. No. 2730, 9.4, 11-22-77; Code 1980, 9-58)

The purpose of sections 9-601 to 9-611 is to regulate and provide minimum standards for the demolition of buildings.

(Ord. No. 2730, 10.1, 11-22-77; Code 1980, 9-66)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-246

For the purpose of sections 9-601 to 9-611, the word "demolish" shall mean and include the razing, tearing down or removal of all or part of a building; the removal of the outer facing of a building but leaving a skeleton or structural frame; and the removal of an upper story or stories of a building.

(Ord. No. 2730, 10.2, 11-22-77; Code 1980, 9-67)

No person shall demolish or remove a building, or part thereof, without first having obtained a permit therefor from the Building Official.

(Ord. No. 2730, 10.3, 11-22-77; Code 1980, 9-68)

All demolition work shall be performed in conformance with Safety Requirements for Demolition, ANSI A10.6-1969, as published by American National Standards Institute, Inc.

(Ord. No. 2730, 10.4, 11-22-77; Code 1980, 9-69)

Whenever any building which is to be demolished has been used or is being used as a residential building other than a type 5 residential building or for any commercial use permitted in the C-0, C-1, C-2, C-3, M-1, M-2, and all planned commercial or industrial zoning districts, the Building Official shall require that the person applying for the demolition permit file a certificate evidencing liability insurance coverage in the minimum sum of one million dollars ($1,000,000.00) as a condition to the granting of the demolition permit. Such insurance coverage shall include both bodily injury and property damage liability protection for the property owner, his/her contractor and the City against all claims arising out of the demolition of the building. The Building Official may require a certificate evidencing liability insurance coverage in excess of the minimum sum stated above, and all certificates of insurance shall be approved by the City Attorney.

(Ord. No. 2730, 10.5, 11-22-77; Code 1980, 9-70)

To obtain a demolition permit, the applicant shall first file an application therefor in writing on a form furnished by the Building Official. Such application shall set forth a statement of the facts necessary to fully describe the building, its use, provide certification to the City that the building(s) about to be demolished has been inspected by a certified asbestos inspector or asbestos-removal contractor and that either no asbestos hazard exists or that all asbestos has been properly removed and disposed, its legal description and address. Provisions shall be made by the applicant for the proper abandonment of all utilities as required by this Code before a demolition permit may be issued.

(Ord. No. 2730, 10.6, 11-22-77; Ord. No. 5097, 1, 2-27-90; Code 1980, 9-71)

A.

No person shall perform any demolition work on any building or structure, if by so doing he/she endangers persons or property on adjacent real estate or pedestrians on the street that abuts the property line unless the persons, property or pedestrians are protected as specified below.

B.

Protection shall be provided for pedestrians on all sides of a building being demolished that borders on a public street or alley by providing a covered walkway four (4) feet in clear width and seven (7) feet in clear height. Such walkway shall be covered on top with two (2) inch (nominal) planking as a minimum and the sides next to the building shall be covered with plywood or other materials approved by the Building Official. The side of the walkway next to the street shall have a splash guard at least two (2) feet in height to protect the pedestrian from splashing caused by passing automobiles. The Building Official may also require a raised subfloor in the walkway. The space within the walkway and the approaches thereto shall be kept well lighted with artificial lighting continuously between sunset and sunrise.

C.

Any building which is set back more than six (6) feet from the street or alley property line may, in lieu of the covered walkway, be protected by a tightly built fence six (6) feet high approved by the Building Official. The remainder of the property shall be enclosed with a fence not less than four (4) feet high. All material and debris being removed from the premises shall be sufficiently wetted down to settle any dust caused by its removal.

D.

A substantial protective frame and boarding shall be built around and over every streetlight, utility box, fire or police alarm box, fire hydrant, catch basin and manhole which may be damaged due to work being performed under the permit. This protection shall be maintained until such work is complete.

(Ord. No. 2730, 10.7, 11-22-77; Code 1980, 9-72)

Water supply and service pipes must be disconnected and sealed in accordance with City water system regulations. House sewers must be disconnected and sealed in accordance with the City sanitary sewer system regulations.

(Ord. No. 2730, 10.8, 11-22-77; Code 1980, 9-73)

No burning of materials during the performance of demolition work shall be permitted without written authorization of the City Fire Chief.

(Ord. No. 2730, 10.9, 11-22-77; Code 1980, 9-74)

All demolition work must be completed within ninety (90) days from the date of the demolition permit. Upon completion of the demolition work, the applicant shall clean the premises of all debris, fill in the excavation and grade the area with top soil or other material approved by the Building Official.

(Ord. No. 2730, 10.10, 11-22-77; Code 1980, 9-75)

The Building Official shall have the authority to stop the demolition or removal of any building or structure, or part thereof, when the same is being done in a reckless or careless manner, or in violation of the provisions of this Code or any other ordinances of the City. When such work is stopped by order of the Building Official, it shall not be resumed without approval of the Building Official. A demolition permit may be revoked by the Building Official at any time upon a violation of the terms thereof or upon a violation of any provision of this Code or any other ordinance of the City.

(Ord. No. 2730, 10.11, 11-22-77; Code 1980, 9-76)

The purpose of this Code is to provide minimum standards to safeguard individual life, limb, health and property, and the public health, safety and welfare by regulating and controlling the quality of material and installation, alteration and repair of all electrical work within the corporate limits of the City and within two (2) miles thereof.

(Ord. No. 2737, Art. I, 1.2, 11-22-77; Code 1980, 13-1)

The provisions of this Code shall apply to the installation, alteration or repair of all electrical work including fire alarm and emergency systems of 50 volts or operating voltage, and the practice and materials used in the installation thereof within the corporate limits of the City and within two (2) miles thereof. Where, in any specific case, different sections of this Code specify different materials, methods of installation or other requirements, the most restrictive shall govern.

(Ord. No. 2737, Art. I, 1.3, 11-22-77; Code 1980, 13-2, Ord. No. 8166, 7-25-2017)

As used in this Code, words and terms shall be defined as they are in Article 100 of the National Electrical Code as referred to in section 9-734 of this Code and amendments thereto.

(Ord. No. 2737, Art. I, 2.1, 11-22-77; Code 1980, 13-3)

Any person upon whom a duty is placed by the provisions of this Code, who shall fail, neglect or refuse to perform such duty or who shall violate any of the provisions of this Code, for which a penalty is not otherwise specifically provided, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not to exceed three hundred dollars ($300.00); and, each day that a violation of any section of this Code continues shall constitute a separate and distinct offense and shall be punishable as such; provided, that if the defendant be a licensed electrician or fire alarm installer, judgment of conviction may also include a provision for the revocation of the defendant's City of Kearney electrical or fire alarm license for such time as the court shall determine; and provided further, if the license of any defendant be thus revoked, the court shall furnish, or cause to be furnished, the City Clerk certified copies of such judgment of conviction.

(Ord. No. 2737, Art. I, 16, 11-22-77; Code 1980, 13-4, Ord. No. 8166, 7-25-2017)

Electrical inspectors as referred to in this Code shall be anyone so designated by the City Manager.

(Ord. No. 2737, Art. I, 2.2, 11-22-77; Code 1980, 13-16)

The Electrical Inspector shall act under the direction of the Building Official and shall have supervision of all electrical installation work within the corporate limits of the City and within two (2) miles thereof, and shall perform such duties as are hereinafter prescribed.

(Ord. No. 2737, Art. II, 1.1, 11-22-77; Code 1980, 13-17; Ord. No. 8676, § 1, 5-28-2024)

The Electrical Inspector shall have the right, during reasonable hours, with the consent of the owner, occupant or person in charge of the premises, to enter any building within the corporate limits of the City and within two (2) miles thereof for the performance of their duties. In the event that consent is refused or cannot be obtained, the Inspector may seek an Inspection Warrant from the appropriate court.

(Ord. No. 2737, Art. II, 1.1, 11-22-77; Code 1980, 13-18; Ord. No. 8676, § 2, 5-28-2024)

The Electrical Inspector shall inspect all electrical and fire alarm installations to insure compliance with the requirements of this Code and the installation and construction of the electric and fire alarm system in accordance with the approved plans and the specifications.

The Electrical Inspector shall inspect all electric distribution from the weather head within the corporate limits of the City and within two (2) miles thereof and investigate all cases reported to or referred to them, of the use of imperfect material or workmanship on any job of electrical or fire alarm work, or the violation of the provisions of this Code.

(Ord. No. 2737, Art. II, 1.1, 11-22-77; Code 1980, 13-19, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 3, 5-28-2024)

The Electrical Inspector shall make and keep a record of all inspections, giving the location, date, name of electrician or fire alarm installer, for whom installed, and also a general description of the inspection.

(Ord. No. 2737, Art. II, 1.1, 11-22, 77; Code 1980, 13-20, Ord. No. 8166, 7-25-2017)

The Electrical Inspector shall have the authority to cause the turning off of all electric currents and to cut or disconnect in cases of emergency any wire where such electric current is dangerous to life and property or may interfere with the work of the Fire Department. The Chief of the Fire Department or person in charge at times of fire as well as the Electrical Inspector, or either of them, shall have the power to at once cause the removal of all wires or the turning off of all electric current where the circuits interfere with the work of the Fire Department during the process of fighting the fire or investigating the cause thereof.

(Ord. No. 2737, Art. II, 1.1, 11-22-77; Code 1980, 13-21)

The Electrical Inspector shall make inspections of any electrical or fire alarm wiring, appliance installations or connections at the request of the installer, department head, owner, agent, tenant or occupant of any building or premises where such electrical or fire alarm wiring or appliance installation is located, to ascertain compliance with the National Electrical Code as adopted by the City of Kearney. Should the Electrical Inspector, upon making such inspection as requested by any of the above find an unsafe or unsatisfactory installation, they shall have the authority to shut off the appliance or service at the meter, depending on the severity of the conditions, and tag the same. The Electrical Inspector shall then notify the: (1) installer immediately if the job is a new installation, and/or (2) the owner, agent, tenant or one in charge of the property to cause same to be remedied within a specified time not to exceed ten (10) days, if the same is not a new installation. If any of the above persons fail to make the corrections, changes or repairs, or fail to notify the Electrical Inspector that the work is ready for reinspection, within the specified time after receiving such notification to comply therewith, they shall be considered maintaining an unsafe electrical or fire alarm installation, and be in violation of this Code. The Electrical Inspector shall make a reinspection of the premises and cause action to be taken in the proper court to secure compliance. The penalties set forth in this Code shall apply. It shall be the duty and the responsibility of the installer, or one making the corrections, changes or repairs to notify the Electrical Inspector within forty-eight (48) hours after completion. Request for inspection shall be made at the Development Services office not less than eight (8) working hours in advance of inspection.

(Ord. No. 2737, Art. II, 1.2, 11-22-77; Code 1980, 13-22, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 4, 5-28-2024)

Whenever any electrical or fire alarm installation work is being done contrary to the provisions of this Code, the Building Official or their designee may order the work stopped by notice in writing served on any persons engaged in the work, and any such persons shall forthwith stop such work until authorized by the Building Official to resume work.

(Ord. No. 2737, Art. II, 1.4, 11-22-77; Code 1980, 13-23, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 5, 5-28-2024)

Final inspection of electrical or fire alarm installations will be made in conjunction with the final building inspection and will constitute a part of the "certificate of occupancy" as defined in the building code of the City.

(Ord. No. 2737, Art. II, 1.3, 11-22-77; Code 1980, 13-24, Ord. No. 8166, 7-25-2017)

Any person engaged in dealing in materials or supplies, but not engaged in the installation, alteration, repair or removal of electrical or fire alarm appliances, shall not be required to register under the provisions of this Article.

(Ord. No. 2737, Art. II, 2.1, 11-22-77; Code 1980, 13-36, Ord. No. 8166, 7-25-2017)

No person shall engage in or work at the business, trade or calling of an electrician or fire alarm installer in the jurisdiction of the City of Kearney until they have registered as an electrician or fire alarm installer with the City of Kearney.

(Ord. No. 2737, Art. II, 2.2, 11-22-77; Code 1980, 13-37, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 6, 5-28-2024)

Application for registration under the provisions of this Chapter shall be made to the Development Services Department and shall include the name, residence, business name and location, insurance and copy of current State of Nebraska Electrical Contractor's, Class A Electrical Contractor's license or Nebraska State Fire Alarm Installers License.

(Ord. No. 2737, Art. II, 2.2, 11-22-77; Code 1980, 13-38; Ord. No. 6186, 10-8-96; Ord. No. 7156, 3-22-2005, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 7, 5-28-2024)

It shall be unlawful for any person to cause or permit any job of electrical or fire alarm connections incident to any property owned, managed or controlled by such person unless the electrician or fire alarm installer performing such work has been registered as required by this Code, and has received a permit from the Development Services Department for that particular work; and, any such person causing or permitting any such work to be done in violation of the provisions hereof shall be guilty of a violation of this Code and subject to the penalties provided for such violation.

(Ord. No. 2737, Art. II, 2.3, 11-22-77; Code 1980, 13-40, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 8, 5-28-2024)

Any corporation, firm or partnership registered with the City of Kearney shall have an electrician holding a State of Nebraska Class A Electrical Contractor's, or a State of Nebraska Fire Alarm Installers license either as an officer of such corporation or as a member of such firm or partnership, or as an employee, and who shall at all times be in actual charge of and be responsible for the installation, removal or repair of any electrical or fire alarm work done by such corporation, firm or partnership. Before such corporation, firm or partnership shall be registered in its corporate, firm or partnership name as an electrical contractor or fire alarm installer, there shall be filed with the Development Services Department a copy of the State of Nebraska Electrical contractor's license or State of Nebraska Fire Alarm Installers license, and insurance as hereinafter required. Provided, that if after registration of such corporation, firm or partnership, such electrician or fire alarm installer as an officer of such corporation or a member of such firm or partnership shall withdraw therefrom and cease to be connected therewith; then and in that event, the registration of such corporation, firm or partnership shall be revoked.

(Ord. No. 2737, Art. II, 2.12, 11-22-77; Code 1980, 13-44; Ord. No. 7156, 3-22-2005, Ord. No. 8166, 7-25-2017)

For every state electrical or fire alarm installer license holder registered to do business in the City as an electrical contractor or fire alarm installer, there shall be a registration fee as set forth in the City of Kearney Comprehensive Fee Schedule paid to the City for a two-year licensing period.

(Ord. No. 2737, Art. II, 2.17, 11-22-77; Ord. No. 3912, 1, 4-14-87; Ord. No. 4003, 1, 4-12-88; Code 1980, 13-45; Ord. No. 6186, 10-8-96; Ord. No. 6912, 9-10-2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007, Ord. No. 8166, 7-25-2017)

(Ord. No. 7156, 3-22-2005)

(Ord. No. 8217, 2-13-2018)

A City license currently held to do work under this Chapter shall expire on the thirtieth (30th) day of April following the date thereof.

(Ord. No. 2737, Art. II, 2.9, 11-22-77; Code 1980, 13-50, Ord. No. 8166, 7-25-2017)

License certificates issued under the provisions of this Article at the time of their expiration, may be renewed upon payment of the required license fee.

Any person licensed under the provisions of this Article, as a master or journeyman electrician or fire alarm installer who does not renew their license for a period of one (1) month after the expiration, such license shall become null and void.

(Ord. No. 2737, Art. II, 2.10, 11-22-77; Code 1980, 13-51; Ord. No. 6186, 10-8-96, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 9, 5-28-2024)

Licenses issued under the provisions of this Article shall not be assignable.

(Ord. No. 2737, Art. II, 2.9, 11-22-77; Code 1980, 13-52, Ord. No. 8166, 7-25-2017)

The Council, by a majority vote, shall have the power to revoke any electrician's or fire alarm installer's license or registration issued by the City of Kearney, if the same was obtained through error or fraud, or if the recipient thereof is shown to be grossly incompetent, or has a second (2nd) time willfully violated any of the provisions of this Chapter. This penalty shall be cumulative and in addition to the penalties prescribed for the violation of the provisions of this Chapter. If a certificate of registration be revoked, the holder of the same shall not apply for registration until one (1) year from the date of such revocation.

(Ord. No. 2737, Art. II, 2.11, 11-22-77; Code 1980, 13-53, Ord. No. 8166, 7-25-2017)

No registered electrician or fire alarm installer shall allow their name to be used by another person, directly or indirectly, to obtain a permit for the installation of any electrical work.

(Ord. No. 2737, Art. II, 2.13, 11-22-77; Code 1980, 13-54, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 10, 5-28-2024)

(Ord. No. 2737, Art. II, 2.15, 11-22-77; Ord. No. 4019, 2, 5-24-88; Code 1980, 13-56; Ord. No. 7156, 3-22-2005, Ord. No. 8166, 7-25-2017); Ord. No. 8676, § 11, 5-28-2024)

Any person regularly employed by any person or corporate employer to care for and attend to the electrical or fire alarm apparatus of such person shall submit to the Development Services Department a copy of their State of Nebraska Class A Journeyman License or other such State of Nebraska Special Installers License or State of Nebraska Fire Alarm Installers License deemed appropriate to the State Electrical Board to cover the scope of work performed. Said persons shall be registered as required in Section 9-718. Persons registered as owner's maintenance electricians shall not be permitted to perform wiring other than repairs and maintenance to the owner's existing electrical or fire alarm equipment.

(Ord. No. 2737, Art. II, 2.16, 11-22-77; Ord. No. 4019, 3, 5-24-88; Code 1980, 13-57, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 12, 5-28-2024)

All electrical and fire alarm work for which a permit is required shall be subject to inspection by the Electrical Inspector. All such work shall remain exposed and accessible until such time as the work has been approved by the Electrical Inspector.

It shall be the duty of the permit holder to call for required inspections and to cause the work to remain exposed and accessible for inspection purposes. Neither the electrical inspector nor the jurisdiction shall be liable for expenses entailed in the removal or replacement of any materials required to allow inspection.

Approval of an inspection shall not be construed to be approval of a violation of this section or any other code or ordinance of the jurisdiction. Inspections presuming to give authority to violate this Code or other ordinances of the jurisdiction shall not be valid.

Requests for inspections shall be made to Development Services by the electrician or fire alarm installer not less than eight (8) working hours in advance of inspection.

(Ord. No. 5106, 1, 3-27-90; Code 1980, 13-58, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 13, 5-28-2024)

No electrical wiring or fire alarm apparatus shall be installed until a permit has been obtained.

(Ord. No. 2737, Art. II, 4.1, 11-22-77; Ord. No. 3986, 1, 3-8-88; Code 1980, 13-82, Ord. No. 8166, 7-25-2017)

An application for an electrical or fire alarm permit shall be made in writing and shall set forth the name of the owner, agent or occupant of the premises, giving the address and name and business location of the electrician or fire alarm installer having charge of the work and a description of the work being done.

(Ord. No. 2737, Art. II, 4.2, 11-22-77; Code 1980, 13-83, Ord. No. 8166, 7-25-2017)

Fees to be paid to the City of Kearney and credited to the general fund of the City for electrical and fire alarm permits shall be charged as set forth in the City of Kearney Comprehensive Fee Schedule.

(Ord. No. 2737, Art. II, 4.3, 11-22-77; Ord. No. 3409, 1, 8-11-81; Ord. No. 3902, 1, 3-10-87; Ord. No. 4003, 4, 4-12-88; Code 1980, 13-84; Ord. No. 6912, 9-10-2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007, Ord. No. 8166, 7-25-2017)

Where work for which a permit is required by this Code is started prior to obtaining the prescribed permit, the fees shall be doubled; provided, in the event of an emergency where it is absolutely necessary to perform the electrical or fire alarm work immediately before a permit can be secured; such as on nights, weekends, or holidays, said fees shall not be doubled if a permit is secured at the earliest possible time after the emergency electrical or fire alarm work has been performed. The payment of such double fees shall not relieve any person from fully complying with the requirements of this Code or from any penalties prescribed herein.

(Ord. No. 2737, Art. II, 4.3, 11-22-77; Code 1980, 13-85, Ord. No. 8166, 7-25-2017)

The regulations contained in the National Electrical Code 2023 Edition (National Fire Protection Association 70 also known as NFPA 70), as adopted in whole or amended in part by the Nebraska State Electrical Board Rule 18, copies of which are on file in the office of the City Clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein, subject to the amendments specifically set forth here and after, and the provisions thereof shall be controlling within the limits of the City and that area including two (2) miles beyond and adjacent to the corporate limits of the City included in the zoning ordinance. In the event conflict arises between the National Electrical Code and this Code, this Code shall govern.

(Ord. No. 2737, Art. I, 3, 11-22-77; Ord. No. 3524, 1, 5-25-82; Ord. No. 3639, 1, 10-11-83; Ord. No. 3912, 2, 4-14-87; Ord. No. 5106, 2, 3-27-90; Code 1980, 13-97; Ord. No. 6186, 10-8-96; Ord. No. 6526, 4-13-99; Ord. No. 6902, 8-27-2002; Ord. No. 7194, 8-23-2005; Ord. No. 7601, 7-13-2010; Ord. No. 7674, 9-27-2011; Ord. No. 7905, 6-24-2014, Ord. No. 8166, 7-25-2017; Ord. No. 8676, § 14, 5-28-2024)

State Law reference— Adoption of standard codes, Neb. Rev. Stat. 18-132; Neb. Rev. Stat. 19-922

The NFPA 70 National Electrical Code, hereinafter referred to as the "Code", and adopted by the provisions of this Article is hereby amended, altered, changed and modified as follows:

(1)

2017 edition of the National Electrical Code shall apply for section 210.8(A) in its entirety, section 230.67(A), and section 230.85 in its entirety.

(2)

Section 230-28 is hereby amended to read as follows:

Where a service mast is used for the support of service-drop conductors, a minimum two (2) inch rigid metal or intermediate metal conduit shall be used and may be required to be supported by braces or guys to withstand safely the strain imposed by the service drop. In addition to the requirements for the service mast on a permanent service, a temporary service shall be a minimum two-inch rigid metal or intermediate metal conduit, when the service conductors are greater than fifty (50) feet from the point of attachment to the public service supplier.

(3)

Section 406.12, Tamper-Resistant Receptacles of the Code is hereby amended by adding a new subsection to read as follows:

(11) Within common areas accessible to the general public in occupancy group Business (Group B) and Mercantile (Group M)

(4)

Section 406.12, Tamper-Resistant Receptacles exceptions shall include amended subsection 11 and read as follows:

Exception to (1) though (11):

(Ord. No. 8676, § 15, 5-28-2024)

State Law reference— State law reference(s)—Adoption of standard codes, Neb. Rev. Stat. 81-2104 (LB716-2024);

Subsequent editions or revisions of the code adopted by the provisions of this Article shall be considered adopted and of full force and effect within the City upon the approval thereof by the Council and the filing of one (1) copy thereof in the office of the City Clerk.

(Code 1980, 13-98)

(Ord. No. 2737, Art. I, 5, 11-22-77; Code 1980, 13-99; Ord. No. 6526, 4-13-99)

(Ord. No. 6186, 10-8-96; Ord. No. 6526, 4-13-99; Ord. No. 6554, 7-27-99; Ord. No. 6902, 8-27-2002; Ord. No. 7194, 8-23-2005; Ord. No. 7601, 7-13-2010; Ord. No. 7674, 9-27-2011; Ord. No. 7905, 6-24-2014, Ord. No. 8166, 7-25-2017Ord. No. 8676, § 16, 5-28-2024)

(Ord. No. 2737, Art. I, 6, 11-22-77; Ord. No. 3986, 2, 3-8-88; Code 1980, 13-100; Ord. No. 6526, 4-13-99)

Any person, partnership, firm or corporation violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with Section 1-111 of this Code. Each distinct act or violation of the terms of this Article shall constitute a separate offense.

(Ord. No. 6186, 10-8-96; Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 7, 11-22-77; Code 1980, 13-101; Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 8, 11-22-77; Code 1980, 13-102; Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 9, 11-22-77; Code 1980, 13-103; Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 10.1, 11-22-77; Ord. No. 3986, 3, 3-8-88; Code 1980, 13-104; Ord. No. 6186, 10-8-96; Ord. No. 6526, 4-13-99)

(Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 11, 11-22-77; Code 1980, 13-106; Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 12, 11-22-77; Code 1980, 13-107; Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 13, 11-22-77; Code 1980, 13-108; Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 14, 11-22-77; Code 1980, 13-109; Ord. No. 6526, 4-13-99)

(Ord. No. 2737, Art. I, 15, 11-22-77; Ord. No. 3407, 2, 8-11-81; Code 1980, 13-110; Ord. No. 6526, 4-13-99)

(Ord. No. 5106, 3, 3-27-90; Code 1980, 13-111; Ord. No. 6186, 10-8-96)

(Ord. No. 6186, 10-8-96)

(Ord. No. 6902, 8-27-2002; Ord. No. 7194, 8-23-2005; Ord. No. 7478, 11-25-2008)

(Ord. No. 6902, 8-27-2002; Ord. No. 7194, 8-23-2005; Ord. No. 7478, 11-25-2008)

(Ord. No. 6902, 8-27-2002; Ord. No. 7194, 8-23-2005; Ord. No. 7478, 11-25-2008)

(Ord. No. 6902, 8-27-2002; Ord. No. 7194, 8-23-2005; Ord. No. 7601, 7-13-2010; Ord. No. 7674, 9-27-2011; Ord. No. 7905, 6-24-2014)

(Ord. No. 5827, 8-23-94)

(Ord. No. 5827, 8-23-94)

(Ord. No. 5827, 8-23-94)

(Ord. No. 5827, 8-23-94)

(Ord. No. 5827, 8-23-94)

(Ord. No. 5827, 8-23-94)

The specifications for concrete used in sidewalks, curbs, driveways and under construction on City property shall be governed and controlled by the standards as set forth in specifications adopted by resolution of the Council.

(Code 1958, 27.13; Code 1980, 33-1)

Any and all persons who shall build, construct, rent or occupy any building that is not situated or built in accordance with the grade established for the abutting street, alley or other public way shall do so at his/her own risk insofar as floodwaters are concerned, whether of surface waters or otherwise, and moreover no building shall be constructed unless the same conforms to such grade and the lowest line of any opening or access into the building is at least twelve inches (12") higher than the top of adjacent curblines.

(Code 1958, 27.16; Code 1980, 33-2)

The curblines are hereby established on all the streets and avenues with the City by the City Engineer.

(Code 1958, 27.17; Code 1980, 33-3)

The Council may by ordinance or resolution order or permit the conversion to a park or improvement as lawn of any portions of any street or avenue in the City which shall not be, in their judgment, necessarily required for actual travel. When so converted to a park, planted or improved, it shall be unlawful for any person to lead, ride or drive any animal or vehicle upon the portion of the street so parked or improved.

(Code 1958, 27.20; Code 1980, 33-4)

See Article 5 "Trees and Shrubbery" of Chapter 7.

(Code 1958, 27.18; Code 1980, 33-5; Ord. 7353, 5-8-2007)

See Article 5 "Trees and Shrubbery" of Chapter 7.

(Code 1958, 27.19; Code 1980, 33-6; Ord. No. 7353, 5-8-2007)

See Article 5 "Trees and Shrubbery" of Chapter 7.

(Code 1958, 27.21; Code 1980, 33-7; Ord. No. 7353, 5-8-2007)

See Article 5 "Trees and Shrubbery" of Chapter 7.

(Code 1958, 27.22; Ord. No. 3917, 1, 5-12-87; Code 1980, 33-8; Ord. No. 7353, 5-8-2007)

See Article 5 "Trees and Shrubbery" of Chapter 7.

(Code 1980, 33-9; Ord. No. 7353, 5-8-2007)

It shall be unlawful for any person to cut or grind into any paving, curb or sidewalk for any purpose whatsoever, without first having applied for a permit at the office of the City Manager or his/her duly appointed representative. The permit fee shall be as set forth in the City of Kearney Comprehensive Fee Schedule. Before any person shall obtain such a permit, he/she shall make application for such permit in writing informing the office of the City Manager or his/her duly appointed representative of the place where such cutting or grinding is to be done and it shall be the office of the City Manager or his/her duly appointed representative's duty to cause an inspection to be made of the place of entry into the paving, sidewalk or curb before the same is cut. Permit fee shall be doubled when any person cuts or grinds into paving, curb, or sidewalk prior to the office of the City Manager or his/her duly appointed representative inspecting and approving the location of such cut or grinding. When cutting into any paving, it shall be the duty of the party so cutting to make the same under such rules and regulations as may be prescribed by the office of the City Manager or his/her duly appointed representative. When the person making the cut is ready to close the opening, he/she shall inform the office of the City Manager or his/her duly appointed representative who shall supervise and inspect the materials used and the work done in closing the opening. The office of the City Manager or his/her duly appointed representative may do the work and charge the cost thereof, as set forth in the Comprehensive Fee Schedule per lineal foot for all paving, curb or sidewalk cuts, to the party who obtained the permit, or he/she may consent to the same being done by the party holding such permit. Before any permit is issued by the office of the City Manager or his/her duly appointed representative, the applicant for such permit shall deposit with the office of the City Manager or his/her duly appointed representative a sum as set forth in the Comprehensive Fee Schedule for all paving, curb or sidewalk to be cut. The deposit shall be retained by the City for the purpose of replacing the paving, curb or sidewalk in case the work is done by the office of the City Manager or his/her duly appointed representative. In case the office of the City Manager or his/her duly appointed representative elects to require the applicant to replace the paving, curb or sidewalk, the deposit shall be retained by the City until the work is completed to the satisfaction of the office of the City Manager or his/her duly appointed representative.

The applicant will, if requested by the office of the City Manager or his/her duly appointed representative, promptly replace and repair each and every place cut into any paving, curb or sidewalk, under such rules as may be prescribed by the office of the City Manager or his/her duly appointed representative, in as good condition as before the same was cut; and, that the applicant will promptly compensate the City for all work done by the office of the City Manager or his/her duly appointed representative in replacing or repairing any places cut by the applicant.

The applicant will obey all the provisions of the Code or other ordinances of the City in doing such work and will save the City harmless from any damages which may occur as a result of either cutting or repairing pavement, curb or sidewalk.

(Code 1958, 27.23; Ord. No. 4006, 1, 4-12-88; Ord. No. 4055, 1, 11-22-88; Code 1980, 33-10; Ord. No. 6912, 9-10-2002; Ord. No. 7156, 3-22-2005; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

A.

That street presently named and known as Central Avenue as the same is presently located and laid out over and across the northwest quarter of Section 13, Township 8 North, Range 16 West from a point lying north of the main channel of the Platte River and running north through Section 12 and Section 1, Township 8 North, Range 16 West; continuing north through Section 25 and Section 36, Township 9 North, Range 16 West, and continuing north to a point where said existing Central Avenue would intersect with 46th Street shall be and is hereby determined as the central street in the City. All streets running north and south in the City shall be known as avenues, and be designated and known as follows:

1.

All the avenues lying north of Interstate 80 and east of Central Avenue shall be named by the consecutive letters of the alphabet beginning at the avenue next to Central Avenue with the letter "A." Following Avenue "Z," avenues shall be named by the use in alphabetical order of county names of the counties in the State of Nebraska.

2.

All the avenues lying south of Interstate 80 and east of Central Avenue shall be named by the consecutive letters of the alphabet followed by the designation "South" with the avenue next to Central Avenue being "Avenue A South"; and, following "Avenue Z South," avenues shall be named by the use in alphabetical order of county names of the counties in the State of Nebraska followed by the designation "South."

3.

All avenues lying west of Central Avenue shall be named by consecutive numbers, beginning at the avenue next to Central Avenue with "First." Those avenues lying south of Interstate 80 and west of Central Avenue shall be named by consecutive numbers followed by the designation "South," beginning at the avenue next to Central Avenue and south of Interstate 80 with "First Avenue South."

B.

The streets running east and west in the City shall be known as "streets" and designated by Arabic numerals as follows:

1.

Beginning at the north side of Interstate 80 with "1st Street," and thence each street to the north, with consecutive numerals following the number "1st Street."

2.

Beginning at the south side of Interstate 80 with "1st Street South," with each street to the south, with consecutive numerals following the number "1st Street South."

(Code 1958, 27.6; Ord. No. 3994, 1, 3-22-88; Code 1980, 33-11)

It shall be unlawful for any person conducting or engaged in carrying on any hotel, cafe, eating house, boardinghouse, butcher shop, bakery, laundry, soft drink stand, drugstores, grocery stores or of any other business in the City to allow, suffer or permit any dishwater, washwater, acid, battery water or other liquid chemical to escape and run upon any street or to stand or percolate on any street or on any place adjacent to any street in the City.

(Code 1958, 27.14; Code 1980, 33-12)

It shall be unlawful for any person within the City to erect or maintain any building or structure in such manner as to be unsafe, injurious or annoying to the public, or to allow any sidewalk, curbstone, gutter, awning or awning posts to be placed or remain in a dangerous condition or to place or suffer to remain on any sidewalk or street any obstruction injurious to the public use of the same.

(Code 1958, 27.3; Code 1980, 33-13)

State Law reference— Power of city to remove street and sidewalk obstructions, Neb. Rev. Stat. 16-207

It shall be unlawful for the property owners abutting on the streets and alleys to use the streets and alleys or the sidewalks for any of the following purposes:

A.

Open stairway leading to an entrance into the building on either the first floor, the upper stories or to the basement of any building;

B.

For an airway for light or air or for any other purpose;

C.

For coal holes, covered stairs or elevators, unless covered in a manner approved by the Building Inspector and the City Manager in writing, and in no event to extend above the level of the sidewalk or the alley paving more than two-tenths of one inch;

D.

For show windows;

E.

For supports for any part of the building;

F.

For a signpost, awning post, hitching post, telephone pole, telegraph pole, booth or other obstruction on Central Avenue between Eighteenth (18th) Street and the north line of Twenty-fifth (25th) Street in the City.

(Code 1958, §27.1, 27.11; Code 1980, 33-14)

It shall be unlawful for any person within the City to erect, maintain or suffer to remain on any street or public sidewalk or on any portion of the area between the lot line and the curbline of any street any stand, wagon, merchandise, machinery or any other obstruction injurious to, inconvenient or inconsistent with the public use of the same; provided, that a reasonable time shall be allowed to remove goods, wares and merchandise being received and shipped.

No Sidewalk Occupation Permit provided by this section shall be issued without prior approval by the City. The City has established criteria for considering the approval or denial of a Sidewalk Occupation Permit. The City Council has authorized and designated the City Manager as the agent to determine whether a Sidewalk Occupation Permit is to be issued by the City for use by the holder of the Sidewalk Occupation Permit.

(Code 1958, 27.4; Code 1980, 33-15; Ord. No. 7282, 7-11-2006)

It shall be unlawful for the occupant of any lot or the owner of any vacant lot within the City to suffer or permit snow, sleet, mud, ice, slush or other substance to accumulate and remain on the abutting sidewalk for a period of time in excess of twenty-four (24) hours after the cessation of a storm. Snow removed from private property shall not be placed in or upon the public streets, alleys, sidewalks or other public ways; provided, that in the business district of the City, snow from sidewalks may be pushed into the gutter of the street outside the curbline.

(Code 1958, 27.5; Ord. No. 3559, 1, 12-14-82; Code 1980, 33-16)

The owner of property abutting on public streets is hereby charged with the duty of keeping and maintaining the abutting sidewalks in a safe and sound condition, free from encumbrances, obstructions, and accumulations of snow, ice, sleet, mud, or slush. In the event a property owner violates this section by refusing, failing, or neglecting to so maintain sidewalks abutting his/her property, such owner shall be liable for injuries or damages to any person who is injured by such failure or neglect.

In the event of such refusal or neglect by an owner to remove such encumbrances, obstructions, or accumulations after three (3) days' notice by publication or, in place thereof, personal service of such notice by an employee or agent designated by the City Manager, the City Manager may cause such encroachments to be removed or cleaned, and shall report the costs thereof to the Council, whereupon the Council shall assess the costs of notice and removal against such abutting property as a special sidewalk assessment which shall be levied and collected in a like manner as other special assessments, and shall be subject to the same penalties and shall draw interest from the date of the assessment. The City shall charge a minimum of fifty dollars ($50.00) for the first hour, and thirty-five dollars ($35.00) per hour thereafter against each tract of land, lot, block or parcel of real property.

(Ord. No. 5339, 12-10-91)

See Section 8-915.1

(Code 1958, 27.5-1; Ord. No. 3670, 1, 2-28-84; Code 1980, 33-17; Ord. No. 6724, 11-28-2000)

It shall be unlawful for any person to obstruct or encumber by fences, gates, buildings, structures or otherwise any of the public streets or sidewalks of the City, except as authorized or permitted by the Council in accordance with the terms of Section 19-4301, R.R.S.

(Code 1958, 27.24; Code 1980, 33-18)

For purposes of this Article, the boundaries of the business district are as follows: Commencing at the southeast corner of the intersection of Central Avenue and Railroad Street; thence east along the south right-of-way line of Railroad Street to the west right-of-way line of Avenue B; thence north along the west line of Avenue B to the south right-of-way line of 25th Street; thence west to the east right-of-way line of Avenue A; thence north along the east right-of-way line of Avenue A to the south right-of-way line of 26th Street; thence west along the south right-of-way line of 26th Street to the west right-of-way line of 1st Avenue; thence south along the west right-of-way line of 1st Avenue to the south right-of-way line of 25th Street; thence west along the south right-of-way of 25th Street to the east right-of-way line of 2nd Avenue; thence south along the east right-of-way line of 2nd Avenue to the south right-of-way line of Railroad Street; thence east along the south right-of-way line of Railroad Street to the west right-of-way line of Central Avenue; thence south along the west right-of-way line of Central Avenue to the north right-of-way line of 19th Street; thence west along the north right-of-way line of 19th Street to the east right-of-way line of 1st Avenue; thence south along the east right-of-way line of 1st Avenue to the south right-of-way line of 19th Street; thence east along the south right-of-way line of 19th Street to the west right-of-way line of Central Avenue; thence south along the west right-of-way line of Central Avenue to the south right-of-way line of 15th Street; thence east along the south right-of-way line of 15th Street to the east right-of-way line of Central Avenue; thence north along the east right-of-way line of Central Avenue to the south right-of-way line of 19th Street; thence east along the south right-of-way line of 19th Street to the west right-of-way line of Avenue A; thence north along the west right-of-way line of Avenue A to the north right-of-way line of 19th Street; thence west along the north right-of-way line of 19th Street to the east right-of-way line of Central Avenue; thence north along the east right-of-way line of Central Avenue to the point of beginning, all in the City of Kearney, Buffalo County, Nebraska.

(Ord. No. 3559, 2, 12-14-82; Code 1980, 33-19)

Whenever the Council shall deem it necessary that a sidewalk shall be constructed in front of any lot in the City in a place where there is no sidewalk, they shall so order and the Director of Public Works shall thereupon notify in writing the owner of such lot of the work or improvement to be done, and such owner so notified shall be allowed thirty (30) days from the service of the notice in which to construct the same. The notice shall be given by delivering the same to the owner in person or by leaving it at his/her usual place of residence in the City, or if he/she be a nonresident of the City, by publication of the notice one (1) time in a legal newspaper published in and of general circulation in the City. The notice shall notify such owner of the passage of the resolution and that he/she will have thirty (30) days from and after the service of notice, or from day of publication in the event of notice in that manner, within which to construct the sidewalk so ordered or cause the same to be done and further notifying the owner that if he/she fails to construct the sidewalk, or cause the same to be done within thirty (30) days after notice as aforesaid, that then and in that case the City will cause the sidewalk to be constructed and that the cost will be levied and assessed thereafter by the Mayor/President and Council of the City as a special tax against the premises.

(Code 1958, 27.28; Code 1980, 33-32)

Every owner of any lot within the limits of the City shall at all times keep and maintain the sidewalk along and contiguous to the lot, as the case may be, in good and proper repair and in a condition reasonably safe for travel for all travelers thereon. In case the owner of any lot or land abutting on any street or part thereof shall fail to construct or repair any sidewalk in front of his/her lot or land within the time and in the manner as directed and required by this Chapter, after having received due notice to do so, he/she shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of any sidewalk and the Council shall have power to cause such sidewalk to be constructed or repaired and assess the costs thereof against such property.

(Code 1958, 27.29; Code 1980, 33-33)

Whenever the Director of Public Works shall deem it necessary that any sidewalk shall be repaired, or it shall be required by the Council, he/she shall notify the owner of the lot along and contiguous to which such sidewalk is situated, to repair the same or submit a plan to repair the same within ten (10) days from and after the giving of such notice. Oral notice to the owner shall be deemed sufficient. If the owner is not found by the Director of Public Works, then a written notice left in the house situated on such lot or posted upon such premises shall be sufficient, and the ten (10) days shall begin to run from the leaving or posting up of such notice, as the case may be.

(Code 1958, 27.30; Code 1980, 33-34)

Whenever the Council shall deem it necessary that an old sidewalk shall be widened, replaced or reconstructed, it shall order the same to be done and the Director of Public Works shall give notice in the manner and form provided in the preceding section to widen, replace or reconstruct the same within thirty (30) days from and after such notice.

(Code 1958, 27.31; Code 1980, 33-35)

If any owner shall neglect or refuse or shall have failed, after notice has been given as provided by sections 9-1223 and 9-1224 to construct, repair, replace or reconstruct any sidewalk within the time limited in the notice given in such case and whose duty it is made by this Chapter to construct, repair or rebuild and reconstruct such walk, the City Manager or his/her representative, shall proceed at once without further notice to such owner or person to have such sidewalk constructed, repaired, rebuilt or reconstructed, as the case may be and the expense of such work shall be assessed to such lot and collected as provided by law.

(Code 1958, 27.32; Code 1980, 33-36)

All sidewalks on either side of the streets and avenues of the City, in front of or along any lot, abutting upon the same, which shall be hereafter constructed, reconstructed or replaced shall be of concrete. No person shall construct, reconstruct or replace any sidewalk of any other material within the limits of the City and no person shall reconstruct any sidewalk constructed of any other material. All sidewalks in the City shall not be less than four (4) feet in width.

(Code 1958, 27.33; Code 1980, 33-37)

All concrete sidewalks and all curbing constructed or reconstructed along any street or avenue in the City shall be in conformity with such plans and specifications as may be prepared by the City Manager and adopted and approved by the Council. Any person desiring to construct or cause to be constructed any curbing or sidewalk on any street or avenue abutting his/her property in the City shall obtain a permit and survey; and it shall be unlawful for any person to construct any curbing or sidewalk without first having obtained the permit and survey. Application for the permit shall be made in writing, be filed in the office of the City Clerk, and give a description of the lot along which it is desired to construct the curbing or sidewalk. The City Clerk shall thereupon deliver the application to the City Manager, who shall grant the permit unless good cause shall appear why the permit should be denied; provided, that if it is desired to construct the curbing or sidewalk at other than the regularly prescribed location, grade or elevation or the curbing of other than the regularly prescribed type of construction, the City Manager shall submit the application to the Council which shall determine whether the permit shall be granted or denied. When a permit is granted for construction of curbing or sidewalk, the City Manager shall direct the City Engineer or other engineer employed by the City, to make a survey and set stakes indicating the location, grade and elevation of the curbing or sidewalk and it shall be unlawful for any person to construct or cause to be constructed such curbing or sidewalk at any other location, grade or elevation than so designated. In determining such location, grade and elevation the engineer shall conform to such specifications, rules or regulations as the Council may prescribe. The survey shall be made and stakes set by the engineer within ten (10) days after being directed so to do. The fees of the engineer shall be paid by the City, but if the person obtaining the permit and survey fails or neglects to construct the curbing or sidewalk within sixty (60) days thereafter the applicant shall be liable to the City for the fee paid for the survey. Whenever the City shall construct curbing or construct, widen, replace or reconstruct any sidewalk notice specifying the work to be done and calling for bids for doing the work and furnishing the necessary material and labor shall be published in at least one (1) issue of a legal newspaper published in the City, the bids to be filed within ten (10) days after date of first publication and to be opened at the next regular or special meeting of the Council, which shall award the work to the lowest responsible bidder.

(Code 1958, 27.34; Code 1980, 33-38)

All curbing that may be ordered set by the Council shall be of concrete.

(Code 1958, 27.35; Code 1980, 33-39)

In case any lot owner within the City, under notice given or otherwise, constructs a sidewalk or curb in violation of this Article, the City Manager may stop the work of such construction and order the same to be made in accordance with this Article and the work already made to be changed, and on the failure of such owner to change any such work, the City Manager shall forthwith change the work, and the expense of the same shall be assessed and taxed to the lot and collected as other taxes as provided by law.

(Code 1958, 27.36; Code 1980, 33-40)

Upon the petition of any freeholder, the Mayor/President and Council may order permanent sidewalks built in accordance with this Chapter, upon the freeholder's making, executing and delivering to the City an agreement to pay for the same and that the cost of the same, until paid, shall be a perpetual lien upon the real estate along which the freeholder desires such sidewalk to be constructed, and giving and granting to the City the right to assess and levy the costs of the same against the real estate and promising to pay for the same with interest. The total cost of such improvement shall be levied, allocated, financed and specially assessed as provided by law.

(Code 1958, 27.37; Code 1980, 33-41)

All storerooms, residences and other buildings facing on any street or avenue in the City shall be numbered on the building itself or by painting the number on the curb in front of the premises, as follows:

A.

On avenues from south to north, odd numbers on east, and even numbers on west side of avenues. The first number on each block to be that of the intersecting street multiplied by one hundred (100).

B.

On streets west from Central Avenue even numbers on the south side and odd numbers on the north side; on streets east of Central Avenue, even numbers on the north side, and odd numbers on the south side, the first number on each block to be the number of the intersecting avenue multiplied by one hundred (100), except that in blocks abutting on Central Avenue, the first number in each block shall be one (1).

C.

Twenty-five (25) feet shall be allowed for each number except in cases where the City Engineer shall designate a less space.

(Code 1958, 27.7; Code 1980, 33-53)

All streets and avenues shall be plainly marked at each corner with their proper names legibly painted on signs in letters and figures, in dimensions at last two and one-half inches (2-1/2") high, which sign shall be secured to the corner of the fence, building or other structure; otherwise such a sign number shall be painted on the curb or on posts at the corner of the street or avenue.

(Code 1958, 27.8; Code 1980, 33-54)

Each owner or occupant of any residence, storeroom or other building situated on any street or avenue in the City shall cause to be displayed in a conspicuous place upon such residence, storeroom, building or painted on the curb in front of the premises a sign upon which shall be painted the proper street number of such residence, storeroom or other building, in figures not less than two and one-half inches (2-1/2") high.

(Code 1958, 27.9; Code 1980, 33-55)

Any person who shall fail to number any residence, storeroom or other building shall be fined for each residence, storeroom or other building upon or for which he/she may fail to place and maintain such sign, the sum of fifteen dollars ($15.00) for each offense. It shall be unlawful for any person to remove, deface or injure any street sign, name or number and any person so doing shall be punished as provided in section 1-111 of this Code.

(Code 1958, 27.10; Code 1980, 33-56)

Property owners shall be obligated to maintain within any parking lots whether they be privately owned or otherwise the number of handicapped parking stalls as is required by the City's building code and the International Building Code, as amended, adopted by the City of Kearney. Property owners shall be obligated to erect and maintain handicapped parking signs for each handicapped parking stall required by the building code with said signage to comply with the requirements as set forth in Section 8-912(n) of the City Code as well as the Uniform Traffic Code. Failure to erect and otherwise maintain the appropriate number of handicapped parking stalls and signage in parking lots and other designated parking areas by the property owner shall be deemed to be a misdemeanor and shall be punishable as provided by Section 1-111 of the City Code. Each day such violation continues shall be deemed a separate offense.

(Ord. No. 7333, 3-27-2007)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7335, 4-10-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7647, 5-24-2011)

(Ord. No. 7326, 2-13-2007; Ord. No. 7364, 8-14-2007; Ord. No. 7647, 5-24-2011)

There is hereby adopted by the City for the purpose of prescribing a code which meets the requirements for effective control of housing conditions, that certain code known as "International Property Maintenance Code, 2009 Edition" as prepared by the International Code Council which is on file in the office of the City Clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein, subject to the amendments specifically set forth here and after, and the provisions thereof shall be controlling within the limits of the City and that area including two (2) miles beyond and adjacent to the corporate limits of the City included in the zoning ordinance.

(Code 1958, 16A.1; Ord. No. 3570, 1, 1-11-83; Ord. No. 5010, 1, 5-23-89; Code 1980, 18-16; Ord. No. 5942, 5-9-95; Ord. No. 6381, 4-28-98; Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004; Ord. No. 7327, 2-13-2007 effective May 15, 2007; Ord. No. 7574, 2-23-2010)

Subsequent editions or revisions of the code adopted by the provisions of this Article shall be considered adopted and of full force and effect within the City upon the approval thereof by the Council and the filing of one (1) copy thereof in the office of the City Clerk.

(Code 1980, 18-17)

In the event of any conflict between the provisions of the code adopted by this Article and applicable provisions of this Code of Ordinances, State law or City ordinance, rule or regulation, the provisions of this Code of Ordinances, State law or City ordinance, rule or regulation shall prevail and be controlling.

(Code 1980, 18-18)

Whenever the word "municipality" or the word "city" is used in the code adopted by this Article, it shall be construed to mean the City of Kearney, Nebraska.

Whenever the term "corporation counsel" or "city attorney" is used in the code adopted by this Article, it shall be construed to mean the City Attorney of this City.

(Code 1980, 18-19)

Section 101 of the International Property Maintenance Code is amended to read as follows:

Section 101. This Division shall be known and cited as the Kearney Minimum Housing Code and hereinafter will be referred to as "this Code".

(Code 1980, 18-20; Ord. No. 6623, 2-22-2000; Ord. No. 7062)

Section 111.1 of the International Property Maintenance Code is amended to read as follows:

Section 111.1. Application for Appeal. Any person directly affected by a decision of the Building Official or a notice or order issued under this Code shall have the right to appeal to the Kearney Board of Adjustment, provided that a written application for appeals is filed within 20 days after the day the decision, notice or order was served. Appeals to the Board shall be filed and processed in accordance with the provisions set forth in Section 111 of the International Property Maintenance Code. Copies of all rules of procedure adopted by the Board shall be delivered to the Building Official, who shall make them accessible to the public.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 201 of the International Property Maintenance Code is amended to read as follows:

Section 201.1. For the purpose of this Code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Collegiate Dictionary of the English Language, Unabridged, copyright 1997, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 202 of the International Property Maintenance Code is amended to read as follows:

1.

Approved, as used in this title, shall mean materials or methods of construction authorized by ordinances of the City of Kearney or materials or methods of construction which the Building Official approves as an equivalent material or method to that prescribed by ordinance. Tests or principles made or utilized by nationally recognized experts, scientific organizations, or other competent evidence may be required by the Building Official at the owner's expense prior to approval.

2.

Basement shall mean any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

3.

Blight or Blighted shall mean unsightly condition including the accumulation of debris, litter, rubbish, or rubble; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or is damaged and any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood.

4.

Building Code shall mean the International Building Code promulgated by the International Code Council, as adopted by the City Kearney.

5.

Building Official. The City Building Official or his authorized representative is hereby designated the "Building Official" for purposes of this Code.

6.

Court shall mean a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

7.

Debris shall mean substance of little or no apparent economic value including, but not limited to, deteriorated lumber, old newspapers, furniture parts, stoves, sinks, cabinets, household fixtures, refrigerators, car parts, abandoned, broken or neglected equipment, or the scattered remains of items.

8.

Deterioration shall mean a lowering in quality of the condition or appearance of a building, structure or parts thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of physical decay or neglect or excessive use or lack of maintenance over a substantial or widespread area as opposed to a limited or concentrated area.

9.

Dormitory shall mean any building or spaces within a building where group sleeping accommodations are provided for more than sixteen persons who are not members of the same family group sleeping in one room or in a series of closely associated rooms under joint occupancy and single management as in college residence halls, fraternity houses, military barracks, shelters for the homeless, with or without meals, but without individual cooking facilities.

10.

Dwelling shall mean any building, or mobile home, which is wholly or partly used or intended to be used for residential purposes, living, or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

11.

Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.

12.

Efficiency dwelling unit shall mean a dwelling unit containing only one (1) habitable room and meeting the requirements of Section 404.6.

13.

Electrical Code shall mean the National Electrical Code sponsored by the National Fire Protection Association under the auspices of the American National Standards Institute as adopted by the City of Kearney.

14.

Emergency shall mean a combination of circumstances calling for immediate action to protect the health and safety of persons residing in the city.

15.

Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage place; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the Health Officer.

16.

Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food

17.

Grade shall mean the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

18.

Habitable Space (Room) shall mean space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closet, halls, storage or utility space, and similar areas, are not considered habitable space.

19.

Health Officer shall mean the employee appointed by the City Manager as Health Officer of the City of Kearney.

20.

Hot water shall mean hot water supplied to plumbing fixtures at a temperature of not less than one hundred ten (110) degrees Fahrenheit.

21.

Infestation shall mean the presence, within or around a dwelling, of any insects, rodents, or other pests.

22.

Litter shall mean decaying or non-decaying solid and semi-solid wastes including, but not limited to, both combustible and non-combustible wastes, such as paper, trash, cardboard, waste material, cans, yard clippings, wood, glass, bedding, debris, scrap paving material, discarded appliances, discarded furniture, dry vegetation, weeds, dead trees and branches, overgrown vegetation and trees which may become a fire hazard, piles of earth mixed with any of the above or any foreign objects, including inoperable vehicles, except, for purposes of this ordinance, litter shall not include organic materials being composted in a safe and sanitary manner in accordance with Chapter 5 of the Kearney Municipal Code.

23.

Mechanical Code shall mean the International Mechanical Code promulgated jointly by the International Code Council and the International Association of Plumbing and Mechanical Officials, as adopted by the City of Kearney.

24.

Manufactured House shall mean a year-round, transportable structure which is a single-family or two-family dwelling unit suitable for permanent (more than thirty [30] days) living quarters, more than eight (8) feet wide and thirty-two (32) feet in length designed and built to be towed on its own chassis and designed to be used be used as a single-family or two-family dwelling with or without a permanent foundation when connected to the required utilities.

25.

Multiple dwelling shall mean any dwelling containing more than two (2) dwelling units.

26.

Nuisance. The following shall be defined as nuisances:

(a)

Any public nuisance known at common law or in equity jurisprudence.

(b)

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

(c)

Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer.

(d)

Overcrowding a room with occupants.

(e)

Insufficient ventilation or illumination.

(f)

Inadequate or unsanitary sewage or plumbing facilities.

(g)

Uncleanliness, as determined by the Health Officer.

(h)

Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

(i)

Any building or structure which as a result of vandalism, neglect, inadequate maintenance, or lack of repair is permitted to become so blighted, deteriorated or dilapidated that such building or structure is detrimental to or endangers the health, safety, or welfare of the public or occupants thereof.

(j)

Any premises which as a result of vandalism, neglect or inadequate maintenance or lack of repair is permitted to become so blighted that such premises is detrimental to or endangers the health, safety, or welfare of the public or occupants thereof.

(k)

Vacant or abandoned buildings which for a period of six (6) months or more have been boarded up, left in a partial state of destruction, or left in a state of partial construction after the expiration of a building permit for such construction.

(l)

Any nuisance defined by the Kearney City Code, Nebraska law, or declared to be a nuisance in accordance with the International Property Maintenance Code.

27.

Occupant shall mean any person living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit.

28.

Operator shall mean any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are let.

29.

Ordinary minimum winter conditions shall mean the temperature fifteen (15) degrees Fahrenheit above the lowest recorded temperature for the previous ten (10) year period.

30.

Owner shall mean any person who, alone or jointly or severally with others:

(a)

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(b)

Shall have charge, care, or control of any dwelling or dwelling unit as owner or agent of the owner, prime tenant, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this title, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

31.

Plumbing shall mean and include all of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.

32.

Plumbing Code shall mean the Uniform Plumbing Code sponsored by the International Association of Plumbing and Mechanical Officials (IAPMO), as adopted by the City of Kearney.

33.

Reasonable time shall mean a time convenient for the occupant or owner, as the case may be, for the inspection of the dwelling, dwelling unit, rooming house, or rooming unit. If, however, a time cannot be agreed upon, a letter shall be sent by the Building Official to the occupant or owner, as the case may be, stating the time the inspection shall be made. At least three (3) days' notice shall be given in the letter for the inspection.

34.

Rental House(s) shall mean any dwelling containing one (1) or more rental units, in which space is let or rented by the owner or operator to the public including, but not limited to, rooming houses, lodging houses, apartment houses, motels, and hotels, and shall include all buildings, structures, or dwellings containing a room or rooms and/or suites of rooms, or both, in which sleeping accommodations are furnished by the owners or operators, or which are suitable for sleeping accommodations furnished to the tenants or guests, which rooms or suites of rooms are held out to the public to be places where such accommodations are furnished or can be installed, and are rented, let, or leased to members of the public, but shall not include any business which is subject to state inspection and/or licensure.

35.

Rental Unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping which is let or rented to the public.

36.

Rubbish shall mean combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust.

37.

Rubble shall mean broken solid surface fragments usually resulting from the decay or deterioration of a building, miscellaneous mass of broken or apparently worthless materials.

38.

Shelter for the homeless shall mean a structure used as a temporary dwelling for transient or homeless individuals, but not including orphanages or foster homes, operated by nonprofit religious, educational, or philanthropic institutions.

39.

Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement or unused under-floor space shall be considered as a story.

40.

First story shall mean the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one (1) floor level shall be classified as a first story; provided such floor level is not more than four (4) feet below grade for more than fifty percent (50%) of the total perimeter, or more than eight (8) feet below grade at any point.

41.

Supplied shall mean paid for, furnished, or provided by or under the control of the owner or operator.

42.

Temporary housing shall mean any tent, trailer, or other type of shelter used for human shelter which may or may not be transportable.

43.

Trailer shall mean a transportable structure which may be a single-family dwelling unit which has a built-in flush toilet, bath or shower, and kitchen facilities and is suitable for recreational, vacation, or travel purposes, and which is not more than eight (8) feet in width, nor more than thirty-two (32) feet in length including hitch; provided, the length shall not apply if the gross weight does not exceed four thousand five hundred (4,500) pounds.

44.

Wastewater disposal system. Whenever the provisions of this title require premises to be connected to the wastewater disposal system, such connection shall be governed by the provisions and requirements of Title 124.

45.

Yard shall mean an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

Whenever the words "dwelling," "dwelling unit'" "rooming house," "rooming unit," "premises," are used in this title, they shall be construed as though they were followed by the words "or any part thereof."

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 502 of the International Property Maintenance Code is amended to add a new section 502.5 which reads as follows: 502.5. Dormitories, Rooming Houses, Bed and Breakfasts and Shelters for the Homeless. Dormitories, rooming houses, and shelters for the homeless shall have at least one (1) flush water closet, lavatory basin, and bathtub or shower connected to a water and wastewater system and in good working condition for each ten (10) persons or fraction thereof residing within a shelter for the homeless, including members of the operator's family wherever they share the use of said facilities; provided, that in a shelter for the homeless where rooms are let to or occupied by males only, flush urinals may be substituted for not more than one-half (1/2) the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 302 of the International Property Maintenance Code is hereby added to read as follows:

Section 302.10. Maintenance of Buildings. All buildings, or portions thereof, shall be adequately maintained so as to be free of deterioration that endangers or is likely to endanger the life, limb, health, property, safety, or welfare of the public or occupants thereof. All exposed exterior surfaces, windows and doors of buildings, structures and the premises upon which they are located shall be adequately maintained so as to not present a deteriorated or blighted appearance.

Inadequate maintenance of buildings shall include but not be limited to the following:

(1)

Any building or portion thereof, which is determined to be an unsafe building in accordance with Section 115 of the International Building Code.

(2)

Buildings, which for a period of six (6) months or more are boarded up, left in a partial state of destruction, or left in a state of partial construction after expiration of a building permit for such construction.

(3)

Broken windows constituting hazardous conditions.

(4)

Unpainted buildings, which have begun to dry rot, warp, or become infested with termites.

(5)

Buildings, which have substantial and noticeable conditions of blight or deterioration.

(6)

Buildings, which have cracked, chipped, flaking, peeling, or missing paint over fifty percent (50%) or more of any wall or face of the building.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 302.2 of the International Property Maintenance Code is hereby added to read as follows:

Section 302.2.2 Drainage Around Foundation. All buildings will be provided with proper drainage so that water will drain away from the foundation.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 108 of the International Property Maintenance Code is amended to add a paragraph to 108.1 to read as follows:

Section 108.1.5 General (Substandard Buildings). Any building or portion thereof which is determined to be an unsafe building in accordance with Section 115 of the International Building Code, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that such condition endangers or is likely to endanger the life, limb, health, property, safety, or welfare of the public or the occupants thereof, shall be deemed and hereby is declared to be a substandard building.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 108.1 of the International Property Maintenance Code is amended to add a new subsection 108.1.6 to read as follows:

Section 108.1.6. Every inside and outside stair, every porch, every handrail, every guardrail and every appurtenance thereto which is so constructed or in lack of repair so as to be unsafe to use and not capable of supporting the load that normal use may cause to be placed thereon.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 108.1 of the International Property Maintenance Code is amended to add a new subsection 108.1.7 to read as follows:

Section 108.1.7. Roof drainage systems, which are not secured and hung properly so as to reduce the risk of all or portions thereof falling to the ground.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 108.1 of the International Property Maintenance Code is amended to read as follows:

Section 108.1.8 Maintenance of Premises. Buildings shall be considered substandard when the premises on which the same are located are inadequately maintained. Inadequate maintenance of the premises shall include, but not be limited to, the following:

(1)

Accumulation of debris, litter, rubbish, rubble, and similar materials or conditions.

(2)

Dead and dying trees and limbs or other natural growth which by reason of rotting or deteriorating condition or storm damage constitute a health or safety hazard to persons in the vicinity thereof.

(3)

Sources of infestation.

(4)

Premises, which have substantial and noticeable conditions of blight or disrepair.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 108.1 of the International Property Maintenance Code is amended to add a subsection 108.1.9 to read as follows:

Section 108.1.9 Removal or Shut Off of Facilities and Equipment. The removal or shutting off or discontinuance of any service, facility, equipment, or utility which is required under this Code for any occupied dwelling, except for temporary interruptions as may be necessary while actual repairs or alterations are in process, or during emergencies when discontinuance of service is approved by the Building Official, shall cause the building to be substandard.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 108.1 of the International Property Maintenance Code is amended to add a subsection 108.1.10 to read as follows:

Section 108.1.10 Inadequate Maintenance. Buildings or portions thereof shall be deemed substandard when they are inadequately maintained. Inadequate maintenance shall include, but not be limited to, the following:

(1)

Any building or portion thereof, which is determined to be an unsafe building in accordance with Section 115 of the International Building Code.

(2)

Buildings, which are for a period of six months or more boarded up, left in a partial state of destruction, or left in a state of partial construction after expiration of a building permit for such construction.

(3)

Broken windows constituting hazardous conditions.

(4)

Unpainted buildings, which have begun to dry rot, warp, or become infested with termites.

(5)

Buildings, which have substantial conditions of blight or deterioration.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 111.2 of the International Property Maintenance Code is amended to add a subsection to read as follows:

Section 111.2.6 Continuances. The Chair of the Board, or in the chair's absence, the vice-chair of the Board, may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuance may be granted except by the examiner for good cause shown so long as the matter remains before the examiner.

(Ord. No. 6623, 2-22-2000; Ord. No. 7062, 5-11-2004)

Section 605.2 of the International Property Maintenance Code is amended to read as follows:

Any new receptacle installed to serve a kitchen countertop surface shall have ground fault circuit interrupter protection.

(Ord. No. 7327, 2-13-2007 effective May 15, 2007)

Any person who shall violate any provision of the ordinance and code adopted by the provisions of this Division shall be guilty of a misdemeanor, and shall be punished as provided by section 1-111 of this Code. Each day such violation continues shall be deemed a separate offense.

(Ord. No. 6623, 2-22-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

The purpose of this division is to promote the general welfare of the residents of Kearney, Nebraska, by endorsing the provisions of the Nebraska Fair Housing Act, Neb. Rev. Stat. 20-301 through 20-344, to the effect that there shall be no discrimination in the City of Kearney, Nebraska, in the acquisition, ownership, possession or enjoyment of housing in accordance with Article I, Section 25 of the Constitution of the State of Nebraska.

(Ord. No. 5949, 5-23-95; Ord. No. 6623, 2-22-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

As used in this Article, unless the context otherwise requires:

A.

Aggrieved person shall include any person who: (1) claims to have been injured by a discriminatory housing practice, or (2) believes that he or she will be injured by a discriminatory housing practice that is about to occur;

B.

Commission shall mean the Nebraska Equal Opportunity Commission.

C.

Dwelling shall mean any building, structure or portion thereof which is occupied as or designed or intended for occupancy as a residence for one (1) or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof;

D.

Familial status shall mean one (1) or more minors being domiciled with: (1) a parent or another person having legal custody of such individual; or (2) the designee of a parent or other person having legal custody, with written permission of the parent or other person;

E.

Handicap shall mean, with respect to a person: (1) a physical or mental impairment, excluding the current illegal use of or addiction to a controlled substance as defined in Neb. Rev. Stat. 28-401, which substantially limits one or more of such person's major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment;

F.

Person shall include one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries;

G.

Rent shall include lease, sublease, let and otherwise grant for consideration the right to occupy premises not owned by the occupant; and

H.

Restrictive covenant shall mean any specification limiting the transfer, rental or lease of any housing because of race, creed, religion, color, national origin, sex, handicap, familial status or ancestry.

(Ord. No. 5949, 5-23-95; Ord. No. 6623, 2-22-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

Except as exempted by Section 9-812, it shall be unlawful to:

A.

Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of or otherwise make unavailable or deny, refuse to show, or refuse to receive and transmit an offer for a dwelling to any person because of race, color, religion, national original, familial status or sex;

B.

Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race, color, religion, national origin, familial status or sex;

C.

Make, print, publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, national origin, handicap, familial status or sex or an intention to make any such preference, limitation or discrimination;

D.

Represent to any person because of race, color, religion, national origin, handicap, familial status or sex that any dwelling is not available for inspection, sale or rental when such dwelling is, in fact, so available;

E.

Cause to be made any written or oral inquiry or record concerning the race, color, religion, national origin, handicap, familial status or sex of a person seeking to purchase, rent or lease any housing;

F.

Include in any transfer, sale, rental or lease of housing any restrictive covenants or honor or exercise or attempt to honor or exercise any restrictive covenant pertaining to housing.

G.

Discharge or demote an employee or agent or discriminate in the compensation of such employee or agent because of such employee's compliance with this Division or the Nebraska Fair Housing Act; and

H.

Induce or attempt to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, handicap, familial status or sex.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any minor.

(Ord. No. 5949, 5-23-95; Ord. No. 6623, 2-22-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

A.

Except as exempted by section 9-812, it shall be unlawful to:

(1)

Discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:

(a)

The buyer or renter;

(b)

Any person associated with the buyer or renter; or

(c)

Any person residing in or intending to reside in the dwelling after it is so sold, rented or made available.

B.

For purposes of this section, discrimination shall include:

(1)

A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that in the case of rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(2)

A refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford the handicapped person equal opportunity to use or enjoy a dwelling; and

(3)

In connection with the design and construction of covered multi-family dwellings for first occupancy after January 1, 1995, a failure to design and construct the dwellings in such a manner that:

(a)

The public use and common use portions of the dwelling are readily accessible to and usable by handicapped persons;

(b)

All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(c)

All premises within the dwellings contain the following features of adaptive design:

(i)

An accessible route into and through the dwelling;

(ii)

Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

(iii)

Reinforcements in bathroom walls to allow later installation of grab bars; and

(iv)

Kitchens and bathrooms such that a handicapped person in a wheelchair can maneuver about the space.

C.

Compliance with the appropriate requirements of the American National Standards Institute standard for buildings and facilities providing accessibility and usability for physically handicapped people, ANSI A117.1, shall satisfy the requirements of subdivision (B)(3)(c) of this section.

D.

For purposes of this section, covered multi-family dwellings shall mean:

(1)

Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; and

(2)

Ground floor units in other buildings consisting of four (4) or more units.

E.

Nothing in this section shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(Ord. No. 5949, 5-23-95; Ord. No. 6623, 2-22-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

A.

It shall be unlawful for any person or other entity whose business includes engaging in transactions related to residential real estate to discriminate against any person in making available such a transaction because of race, color, religion, sex, handicap, familial status or national origin.

B.

For purposes of this section, transaction related to residential real estate shall mean any of the following:

(1)

The making or purchasing of loans or providing other financial assistance:

(a)

For purchasing, constructing, improving, repairing or maintaining a dwelling; or

(b)

Secured by residential real estate; or

(2)

The selling, brokering or appraising of residential real property.

C.

Nothing in this section shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, national origin, handicap, familial status or sex.

(Ord. No. 5949, 5-23-95; Ord. No. 6623, 2-22-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers organization or other service, organization or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation on account of race, color, religion, national origin, handicap, familial status or sex.

(Ord. No. 5949, 5-23-95; Ord. No. 6623, 2-22-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

A.

Nothing in this Article shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than commercial purposes to persons of the same religion or from giving preferences to such persons unless membership in such religion is restricted on account of race, color, national origin, handicap, familial status or sex.

B.

Nothing in this Article shall prohibit a private club not, in fact, open to the public which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than commercial purposes from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

C.

Nothing in this Article shall prohibit or limit the right of any person or his or her authorized representative to refuse to rent a room or rooms in his or her own home for any reason or for no reason or to change tenants in his or her own home as often as desired, except that this exception shall not apply to any person who makes available for rental or occupancy more than four (4) sleeping rooms to a person or family within his or her home.

D.

Nothing in this Article regarding familial status shall apply with respect to housing for older persons. For purposes of this subsection, housing for older persons shall mean housing:

(1)

Provided under any state program that the commission determines is specifically designed and operated to assist elderly persons or defined in the program;

(2)

Intended for and solely occupied by persons sixty-two (62) years of age or older; or

(3)

Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit.

(Ord. No. 5949, 5-23-95; Ord. No. 6623, 2-2-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

The City Clerk, upon request, shall make available to an aggrieved person, or any other person, information regarding the Nebraska Fair Housing Act and the Nebraska Equal Opportunity Commission without cost to such individual.

(Ord. No. 5949, 5-23-95; Ord. No. 6623, 2-22-2000; Ord. No. 7327, 2-13-2007 effective May 15, 2007)

State Law reference— Similar provisions, Neb. Rev. Stat. §20-301—20-322

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the text clearly indicates otherwise:

DRIVE: A right-of-way which affords the principal means of vehicular access to or through a manufactured home or trailer park, and which is owned and maintained by the owner or operator of the park.

MANUFACTURED HOME: A dwelling unit built in compliance with National Manufactured Housing Construction and Safety Standards Act, 42 USC 5401 to 5426 et seq., and the regulations promulgated by the United States Department of Housing and Urban Development, and when constructed shall bear the seal of the Department of Health and Human Services Regulation and Licensure as required by Section 71-1559 of the Nebraska Revised Statutes.

1.

Dwelling units built in compliance with the above may be placed in any zoning district where single family dwelling units are permitted when the following additional requirements are met:

a.

Any dwelling unit shall have no less than nine hundred (900) square feet of floor area.

b.

Any dwelling shall have no less than eighteen (18) feet exterior width.

c.

The roof shall be pitched with a minimum vertical rise of two (2) and one-half (1/2) inches for each twelve (12) inches of horizontal run.

d.

The exterior shall be of a color, material and scale comparable with existing residential site-built single-family dwellings. The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile or rock.

e.

The dwelling shall have wheels, axles, transporting lights, and removable towing apparatus removed if present.

f.

The dwelling shall be placed upon a permanent foundation approved by the City of Kearney.

g.

All utility services shall be directly connected to the structure.

2.

Manufactured homes which do not meet all of the standards in paragraph 1. above, may be placed in a manufactured home park or as permitted by Code, provided the structure is transportable in one (1) or more sections which in the traveling mode are eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, are three hundred twenty (320) or more square feet and which are built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein.

MANUFACTURED HOME PARK: A tract of land containing suitable drives, utilities and other supporting elements, and devoted to the sole purpose of accommodating manufactured homes on a permanent or semi-permanent basis.

MANUFACTURED HOME SPACE: That area of land within a manufactured home park set aside for use as a site for one (1) manufactured home, including the open spaces around such manufactured home, as are required in this Chapter.

MODULAR HOME: "Modular housing unit" shall mean any dwelling whose construction consists entirely of, or the major portions of its construction consists of, a unit or units not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. Modular housing units shall be taxed as real estate. The term "modular housing unit" shall not include a manufactured home.

RECREATIONAL VEHICLE: Any motor propelled camping vehicle or towed camping trailer designed to be pulled or carried by a truck or vehicle, which is used for traveling and recreational activities, including boats and boat trailers. In no case shall a recreational vehicle be classed as a residence for the purposes of this Chapter or other ordinances of the City.

STREET: A right-of-way which affords the principal means of vehicular access to or through a manufactured home or trailer park, and which is held in fee by the public or a governmental unit thereof.

TRAILER: A vehicle equipped with wheels, and normally towed over the road behind an automobile or light truck.

TRAILER, ADVERTISING: A trailer as defined in this section, but carrying or having attached thereto a sign, billboard or other media for advertising purposes, such advertising being the prime purpose and use of the trailer.

TRAILER, HAULING: A trailer, as defined in this section, designed and normally used for over-the-road transportation of belongings, equipment, merchandise, livestock and other objects, but not equipped for human habitation.

TRAILER PARK: A tract of land containing sites for the overnight or short-term parking of camping trailers.

(Code 1958, 29.1; Ord. No. 3903, 1, 3-10-87; Code 1980, 21-1; Ord. No. 5933, 5-9-95; Ord. No. 5987, 7-11-95; Ord. No. 6238, 2-11-97; Ord. No. 7439, 6-10-2008)

The City Manager or his/her duly appointed representative is hereby designated to enforce the provisions of this Chapter.

(Code 1958, 29.2; Ord. No. 3903, 2, 3-10-87; Code 1980, 21-2)

The officers of the City charged with the enforcement of the laws of the City are hereby authorized to enter upon any premises on which any manufactured home or trailer is located or about to be located and inspect the same and all accommodations connected therewith at any reasonable time.

(Code 1958, 29.2; Ord. No. 3903, 3, 3-10-87; Code 1980, 21-3)

Within the City and within two (2) miles of the corporate limits of the City a manufactured home may be permitted:

A.

In any zoning district where residential dwellings are allowed, provided the manufactured home complies with subparagraph 1 of the Manufactured Home definition in Section 9-901.

B.

Within a City approved manufactured home park.

C.

Following approval of the Council, as a residence for a caretaker or watchman.

D.

Following approval of the Council, after a public hearing, for the purposes of temporary relief from a local disaster such as a fire, wind or flood damage; provided, that such manufactured home shall be removed from the premises within six (6) months of its original placement.

E.

One (1) manufactured home as a primary residence for the tenant-operator of a farm, such farm being at least eighty (80) acres in size.

F.

As a secondary or employee residence on a farm, one (1) manufactured home being permitted for each farm having not less than one hundred sixty (160) acres in one ownership.

(Code 1958, 29.3; Ord. No. 3903, §4—5, 3-10-87; Code 1980, §21-4, 21-5; Ord. No. 5690, 1-11-94; Ord. No. 5934, 5-9-95; Ord. No. 5988, 7-11-95; Ord. No. 6269, 4-22-97)

(Ord. No. 5935, 5-9-95)

A.

Recreational vehicles may be parked in a campground or trailer park, provided such camp area is in conformance with the zoning and other ordinances of the City. No such recreational vehicle shall be used for permanent or semi-permanent residential purposes. Nothing in this Chapter shall prohibit the use of tents and other such equipment in an approved campground or camper park.

B.

Recreational vehicles may also be stored, on the basis of two (2) per family, in private garages, in the side or rear yards of private homes on approved parking pads; or in a commercial or industrial district in approved areas, provided no such vehicle shall be used for residential purposes. No recreational vehicle shall be parked upon the public street for a period in excess of twenty-four (24) hours and only for the purposes of loading and unloading.

(Code 1958, 29.3-1(a); Ord. No. 3903, 6, 3-10-87; Code 1980, 21-6; Ord. No. 7439, 6-10-2008)

Hauling trailers may be stored or rented in a District C-2 to M-2 inclusive. Personal hauling trailers, customarily towed behind passenger cars or light pickup trucks may also be kept or stored, on the basis of two (2) per family, in private garages or in the side or rear yard of private homes on approved parking pads. However, no more than two (2) recreational vehicles or personal hauling trailers in any combination may be stored per family in a residential setting.

(Code 1958, 39.3-1(c); Ord. No. 3903, 8, 3-10-87; Code 1980, 21-8; Ord. No. 7439, 6-10-2008)

A.

One (1) or more manufactured homes or trailers may be used as a temporary business office either on a construction or disaster site, provided such structure is removed upon completion of the construction project or repair or rebuilding of a damaged building. In addition, one or more manufactured homes or trailers may be used as construction offices on the site of a construction project, provided such structure is removed prior to the issuance of an occupancy permit.

B.

Manufactured structures may be used as temporary classroom activities in connection with public schools, or private schools with equivalent curriculum.

C.

A manufactured home may be used as an on-site office on a manufactured homes sales site providing it is not used for residential purposes and is not used in conjunction with any other business on the same premises.

(Code 1958, 29.3-2; Ord. No. 3903, 9, 3-10-87; Code 1980, 21-9)

No manufactured home may be inhabited by a greater number of occupants than that for which it was designed as determined by Table 1004.1.2 of the International Building Code, 2009 Edition.

(Code 1958, 29.19; Ord. No. 3903, 10, 3-10-87; Code 1980, 21-10; Ord. No. 6381, 4-28-98; Ord. No. 7062, 5-11-2004; Ord. No. 7327, 2-13-2007 effective May 15, 2007; Ord. No. 7574, 2-23-2010)

Whenever the Environmental Health Specialist finds that an emergency exists that requires immediate action to protect the public health or safety, he/she may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she may deem necessary to meet the emergency. Notwithstanding any of the provisions of this Chapter, such orders shall be effective immediately.

(Code 1958, 29.20; Ord. No. 3903, 11, 3-10-87; Code 1980, 21-11)

The owner or manager of every manufactured home park shall maintain in the near vicinity of such manufactured home park, an office in which there shall be a copy of the manufactured home park license and of this Chapter, and the manufactured home park register.

(Code 1958, 29.17; Ord. No. 3903, 12, 3-10-87; Code 1980, 21-24)

It shall be the duty of the owner or manager of any manufactured home park in the City, together with the licensee thereof to:

A.

Maintain the manufactured home park in a clean, orderly and sanitary condition at all times.

B.

See that the provisions of this Chapter are complied with and enforced and report promptly to the proper authorities any violation of this Chapter or any other violations of the law which may come to his/her attention.

C.

Notify the environmental health officer immediately upon any known or suspected case of a communicable disease. In case of a disease diagnosed as quarantinable, the owner or manager shall not permit the departure of a manufactured home or its occupants or the removal therefrom of clothing or other articles that have been exposed to the infection without approval of the Environmental Health Department.

D.

Prohibit the use of any manufactured home by a greater number of occupants than that for which it was designed as determined by Table 1004.1.2 of the International Building Code, 2009 Edition.

E.

Display a map or plan of the manufactured home park at all times in the office or entrances of the manufactured home park, such map or plan to show accurately and clearly the current location of each manufactured home lot, its number and the name of its occupant. Names or numbers of drives and abutting public streets shall be shown. Such map or plan shall be displayed and illuminated in such a fashion that it can be observed at all times of the day or night by persons seeking a particular person or family in the park.

F.

Maintain all manufactured homes owned by him/her or the park in a manner and condition that will comply with the International Property Maintenance Code and the Mobile Home Landlord and Tenant Act (Sections 76-1450 to 76-14,111, R.R.S.).

(Code 1958, 29.18; Ord. No. 3903, 12, 3-10-87; Code 1980, 21-25; Ord. No. 5297, 8-27-91; Ord. No. 5941, 5-9-95; Ord. No. 6381, 4-28-98; Ord. No. 7062, 5-11-2004; Ord. No. 7327, 2-13-2007 effective May 15, 2007; Ord. No. 7574, 2-23-2010)

No dogs, cats or other domestic animals shall be permitted to run at large in the manufactured home park. Such animals shall be kept in restricted enclosures on the individual manufactured home space. The enclosures shall be maintained in a clean and sanitary condition at all times.

(Code 1958, 29.16; Ord. No. 3903, 14, 3-10-87; Code 1980, 21-26)

Cross reference— Animals Generally, Ch. 8, Art. 13

It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained upon any property owned or controlled by him/her, a manufactured home park within the City, without first having secured a license therefor from the Council.

(Code 1958, 29.4(a); Ord. No. 3052, 1, 9-11-79; Ord. No. 3239, 1, 6-10-80; Ord. No. 3903, 15, 3-10-87; Code 1980, 21-34)

A.

The application for a license required by the provisions of this division, or a renewal thereof, shall be made on printed forms furnished by the City Clerk, and shall include:

1.

The name and address of the owner.

2.

The location of the tract and such a legal description of the premises upon which the park is or will be located as will readily identify and definitely locate the premises.

B.

If the fee to the property upon which the park is or will be located is vested in some person other than the applicant, a duly verified statement by the person in whom the fee is vested that the applicant is authorized by him/her to construct or maintain the manufactured home park and make the application for license shall accompany the application.

C.

The application shall be accompanied by four (4) copies of the specifications and manufactured home park plan, in scale, one (1) copy of which shall be placed permanently on file in the office of the City Clerk, and shall show the following either existing or as proposed:

1.

The extent and area used for park purposes.

2.

Roadways and driveways.

3.

Location and number of sites or lots for manufactured homes, of which there shall not be less than ten (10) such sites or lots.

4.

Location and number of any sanitary conveniences, including toilets or washrooms and equipment thereof, and utility rooms to be used by occupants of manufactured homes.

5.

That there has been proper conformance with City building, zoning, plumbing and other ordinances.

6.

Method and plan of sewage disposal.

7.

Method and plan of garbage and trash removal.

8.

Plan for water supply to the lots.

9.

Plan for gas and electric supply to the lots.

10.

Screening plan when required.

D.

The provisions of this section shall also apply to all renewal licenses.

(Code 1958, 29.4(b); Ord. No. 3052, 1, 9-11-79; Ord. No. 3239, 1, 6-10-80; Ord. No. 3903, 16, 3-10-87; Code 1980, 21-35; Ord. No. 5936, 5-9-95)

The annual license fee for a manufactured home park shall be as set forth in the City of Kearney Comprehensive Fee Schedule.

(Code 1958, 29.4(b); Ord. No. 3052, 1, 9-11-79; Ord. No. 3239, 1, 6-10-80; Ord. No. 3903, 17, 3-10-87; Code 1980, 21-36; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

(Ord. No. 5937, 5-9-95)

A license required by the provisions of this Article shall be issued only upon compliance with the provisions of this Chapter and any other applicable provisions of law.

(Code 1958, 29.4(a); Ord. No. 3052, 1, 9-11-79; Ord. No. 3239, 1, 6-1-80; Ord. No. 3903, 19, 3-10-87; Code 1980, 21-38)

Licenses issued under the terms of this Article shall convey no right to erect any building, to do any plumbing work or to do any electrical work, except upon a permit issued in conformity with building, electrical and plumbing codes of the City.

(Code 1958, 29.6; Ord. No. 3903, 21, 3-10-87; Code 1980, 21-40)

Every license issued under the provisions of this Article shall expire on the first (1st) day of June following the date of its issuance.

(Code 1958, 29.4(a); Ord. No. 3052, 1, 9-11-79; Ord. No. 3239, 1, 6-10-80; Ord. No. 3903, 22, 3-10-87; Code 1980, 21-41; Ord. No. 6770, 4-10-2001)

Licenses issued under the provisions of this Article may be renewed from year to year; provided, however, application for such renewal shall be filed no later than the first (1st) day of March of each year.

(Code 1958, §29.4(a), (b); Ord. No. 3052, 1, 9-11-79; Ord. No. 3239, 1, 6-10-80; Ord. No. 3903, 23, 3-10-87; Code 1980, 21-42; Ord. No. 5410, 4-14-92)

The Council is hereby authorized to revoke any license issued pursuant to the terms of this Article if, after due investigation, they determine that the holder thereof has violated any of the provisions of this Chapter or that any manufactured home or manufactured home park is being maintained in an unsanitary or unsafe manner or is a nuisance.

(Code 1958, 29.7; Ord. No. 3903, 24, 3-10-87; Code 1980, 21-43)

No manufactured home park shall be located on any land within the City or within two (2) miles thereof unless a conditional use permit has been duly approved therefor by the Planning Commission and the Council.

(Code 1958, 29.8(a); Ord. No. 3903, 25, 3-10-87; Ord. No. 5142, 1, 7-10-90; Code 1980, 21-51)

No manufactured home park shall be located within the City unless City water, sewer and fire protection facilities are available and the applicant for a manufactured home park license, in his/her application, clearly manifests his/her intention to connect thereto before such manufactured home park is occupied.

(Code 1958, 29.8(b); Ord. No. 3903, 26, 3-10-87; Code 1980, 21-52)

Each manufactured home space shall have dimensions of at least forty-five (45) feet in width and one hundred (100) feet in depth.

(Code 1958, 29.9(a); Ord. No. 3903, 27, 3-10-87; Code 1980, 21-53)

Each manufactured home shall be placed upon a masonry or other approved blocking; and each home shall be equipped with skirts on all sides, such skirts to be material harmonious to the manufactured home structure and installed within thirty (30) days after placement of the manufactured home.

(Code 1958, 29.9(b); Ord. No. 3903, 28, 3-10-87; Code 1980, 21-54)

All public streets within the park shall be improved to City standards for residential streets. All private drives shall comply with current Subdivision Regulations.

(Code 1958, 29.9(c); Ord. No. 3903, 29, 3-10-87; Code 1980, 21-55)

Cross reference— Streets and Sidewalks, Ch. 9, Art. 11

At least two (2) parking spaces for each manufactured home shall be provided on each manufactured home space. Such parking spaces shall be off the public street or private drive, and each space shall be not less than nine (9) feet by twenty (20) feet in size and shall be hard surfaced to at least the standard set out in section 9-925 "Streets and Drives" above.

(Code 1958, 29.9(d); Ord. No. 3903, 30, 3-10-87; Code 1980, 21-56)

Park and playground space shall be provided for occupants of the manufactured home park on the basis of three hundred (300) square feet for each space in the park. Such playground space shall be separate and aside from the open space provided on each manufactured home space and shall be equipped and maintained for the use of the residents of the park and shall be so located that all manufactured homes will be served within a reasonable walking distance.

(Code 1958, 29.9(e); Ord. No. 3903, 31, 3-10-87; Code 1980, 21-57)

Cross reference— Park and Recreation, Ch. 7

Each manufactured home shall be located on the manufactured home space so that no part of one (1) manufactured home structure, including canopies, awnings, carports and other protrusions, is closer than fifteen (15) feet to another manufactured home or eight (8) feet to the edge of the surface of a drive; except that when a side of the manufactured home faces a drive or public street, it shall not be closer than fifteen (15) feet to such drive or closer than twenty-five (25) feet to a public street. Sight distance at all intersections shall be maintained in compliance with section 9-1209, "Vision Clearance" of the City Code.

(Code 1958, 29.9(f); Ord. No. 3903, 32, 3-10-87; Code 1980, 21-58)

All liquid waste shall be disposed of through the City's sanitary sewer system, the plans of which shall be approved by the City Manager or his/her duly appointed representative prior to construction. All solid wastes shall be disposed of by accumulation in tight containers, and removed at regular intervals by methods to be approved by the City Manager or his/her duly appointed representative. All natural gas, power and telephone lines shall be underground, and shall be in compliance with standards of the utility corporation involved. All water supply and distribution shall be approved by the City Manager or his/her duly appointed representative prior to construction.

(Code 1958, 29.9(g); Ord. No. 3903, 33, 3-10-87; Code 1980, 21-59)

The site of the manufactured home park shall be graded so that surface water will not accumulate, but will run off in a manner that will not adversely affect the residential character of the park or adjacent property. The proposed drainage systems shall be approved by the City Manager or his/her duly appointed representative prior to construction of streets or other portions of the park.

(Code 1958, 29.9(h); Code 1980, 21-60)

An adequate supply of pure water for each manufactured home shall be furnished through a piped distribution system laid at a depth of not less than four and one-half (4-1/2) feet from the surface of the ground and connected with the City water main. There shall be supply faucets located not more than two hundred (200) feet from any manufactured home and each of these supply pipes shall be capable of supplying at least one hundred twenty-five (125) gallons of water per day per manufactured home space.

The water distribution system shall be constructed from cast iron or Type K copper pipe or other approved types. The piping shall be able to supply six (6) to eight (8) gallons per minute at a minimum pressure of twenty (20) pounds per square inch at each manufactured home space outlet, and the individual manufactured home supply lines shall be not less than three-fourths (3/4) inch Type K copper terminating with a connection at an appropriate location at each manufactured home space with a riser extending at least four (4) inches above the ground surface, with two (2) three-fourths (3/4) inch valve outlets. Check valves shall not be installed on any rise. The outlets shall be threaded so that screw connection, using flexible copper tubing, may be made from one outlet to the manufactured home's water piping system, leaving the other for use as a hose connection for fire control or other uses. The ground surface around the riser pipe shall be graded so as to divert surface water drainage away from the connection. The riser pipe shall be encased in a six (6) inch cast iron pipe, with the intervening space filled with an insulating material to protect it from freezing. An insulated cover shall be provided, which will encase both valve outlets, but not prevent connection to the manufactured home during freezing weather. When the manufactured home space is unoccupied during cold weather, the outlet shall be protected from freezing by draining of the pipes. A shut-off valve or other approved freezeless arrangement shall be placed below frost depth on the service line. All necessary precautions shall be taken in laying all water pipes. They shall not be laid in water, nor where they can be flooded by water or sewage during the laying process period. Dirt and other contaminating material shall be excluded from the pipe.

Each water supply distribution system provided for a manufactured home park shall be approved by the Building Official or his/her designee after construction and before it is covered or placed in service.

No common drinking vessel shall be permitted, nor shall any common drinking water faucet or drinking fountain be placed in any toilet room.

(Code 1958, 29.10; Ord. No. 3903, 35, 3-10-87; Code 1980, 21-61)

Cross reference— Water regulations generally, 10-301, et seq.

Each manufactured home space shall be equipped with a sewer connection in compliance with the Plumbing Code and reaching at least four (4) inches above the surface of the ground. The connection between the manufactured home drain and the sewer shall be made water tight by suitable fittings. A threaded or fitted-in clamp connection shall be made at the manufactured home drain and at the sewer outlet drain. The sewer outlet shall consist of a standard ferrule with a four (4) inch by three (3) inch screw plug. The sewer connection may be connected to the ferrule directly or by use of pipe fittings.

All sewer lines shall be laid in trenches separated at least ten (10) feet horizontally from any drinking water supply line under pressure, at a grade of one-fourth (1/4) inch per foot. All joints on the sewer line shall be made watertight and every effort shall be made to minimize ground water infiltration into the sewerage system. Connections in manholes shall be so constructed as to prevent surface water from entering the sanitary sewers. Manholes shall be provided at every change in direction, at every junction of two (2) or more branch sewers, and at intervals of not more than three hundred (300) feet. Cleanouts extending to grade may be used instead of manholes on four (4) and six (6) inch lines. They should be provided wherever a manhole would otherwise be necessary, and at intervals of not more than one hundred (100) feet. All cleanouts shall be capped with cleanout plugs. Sewer mains shall be designed to handle the estimated sewage flow and shall be a minimum of four (4) inch lines that service each manufactured home. These four (4) inch lines shall be connected to an eight (8) inch main which empties into the City's sewer system. All materials used and installation shall be subject to approval of the Building Official or his/her designee before installation.

(Code 1958, 29.11; Ord. No. 3903, 36, 3-10-87; Code 1980, 21-62)

Every manufactured home park shall be equipped with electric power. An electric outlet supplying one hundred ten (110) to one hundred fifteen (115) volts shall be provided for each manufactured home space, and shall be weatherproof and accessible to the parked manufactured home. Each manufactured home shall be grounded by a suitable ground connection approved by the Electrical Inspector. In no instance shall any power line over the manufactured home park area be less than eighteen (18) feet above the ground. All electrical wiring in the manufactured home park shall be in compliance with the National Electrical Code, and shall be subject to the approval of the Building Official or his/her designee.

(Code 1958, 29.12; Ord. No. 3903, 37, 3-10-87; Code 1980, 21-63)

Cross reference— Electricity, Ch. 9, Art. 7

The use of liquid petroleum gas shall not be permitted for a primary home heating source, including such uses as cooking, water heating, clothes drying, etc.

(Code 1958, 29.13; Ord. No. 3903, 38, 3-10-87; Code 1980, 21-64)

Approved fire hydrants shall be located within three hundred (300) feet of each manufactured home. Open fire shall not be permitted within the area of the manufactured home park, except in equipment specifically designed for such purposes and approved by the Fire Chief, and in compliance with the existing regulations governing such fires.

(Code 1958, 29.14; Ord. No. 3903, 39, 3-10-87; Code 1980, 21-65)

Cross reference— Fire regulations, Ch. 4

Each manufactured home space shall be equipped with a deadman type of tie-down consisting of not less than four (4) points of attachment to the manufactured home structure. Such tie-down anchors shall be placed when the space is constructed and the manufactured home shall be securely attached thereto within twenty-four (24) hours of its location on the space. The design and construction of the tie-down anchors shall be subject to the approval of the Director of Public Works prior to improvement of the spaces.

(Code 1958, 29.15; Ord. No. 3903, 40, 3-10-87; Code 1980, 21-66)

Owners of manufactured home courts which existed in operation under a license issued by the City of Kearney on May 14, 1968, may, not later than Friday, August 2, 1991, at five o'clock (5:00) P.M. file a letter with the City Manager of the City of Kearney requesting that the operation of their manufactured home court be regulated under the provisions of sections 9-939 through 9-961 inclusive. A site plan showing the layout of lots within the court and manufactured homes properly spaced in compliance with this Chapter of the Code shall also be submitted with the request. All courts not in compliance at the time of this request must be brought into compliance not later than April 30, 1992, or their annual license will be subject to non-renewal. In the event the operator of the court increases the density of population within the court by adding additional units, then the court shall again be subject to regulation under the remaining provisions of Chapter 9 of this Code, after a thirty (30) day notice letter is given by the City Manager or his/her designated officer. In the event that a court operator or owner increases the area of the manufactured home court, all such new additional areas shall be subject also to the regulations provided under the remainder of Chapter 9 of this Code. All manufactured home parks not approved for operation under the provisions of sections 9-939 to 9-961 shall continue to be subject to the terms and provisions of Chapter 9 of this Code, and the provisions of this Chapter shall have no effect or application to mobile home parks except those licensed on May 14, 1968 whose owners have filed the required letter with the City Manager.

(Ord. No. 5255, 21-100, 5-28-91)

Wherever used in Sections 9-939 to 9-961, unless a different meaning appears from the context:

AUTOMOBILE TRAILER, TRAILER COACH, OR TRAILER: One so designed and constructed in such manner as will permit occupancy as sleeping quarters for one (1) or more persons, or the conduct of any business or profession, occupation, or trade (or use as a selling or advertising device), and so designated that it is mounted to wheels or reasonably may be mounted to wheels and used as a conveyance on highways or City streets, propelled or drawn by its own or other automotive power.

DEPENDENT TRAILER COACH: A trailer coach which does not have a bathtub or shower and a toilet.

INDEPENDENT TRAILER COACH: A trailer coach which has a bathtub or shower and a toilet.

PERSON: Shall be construed to include persons, partnerships, firms, companies, corporations, tenants, owners, lessees, their agents, heirs, or assigns.

SERVICE BUILDING: A building housing separate toilet and/or bathing facilities for men and women, and also having laundry facilities.

TRAILER CAMP: Any park, trailer park, trailer court, tract of land designated, maintained, or intended for the purpose of supplying a location or accommodation for any trailer coach or trailer coaches and upon which any trailer coach or trailer coaches are parked and shall include all buildings used or intended for use as part of the equipment thereof whether a charge is made of the use of the trailer camp and its facilities or not. "Trailer Camp" shall not include automobiles or trailer sales lots on which unoccupied trailers are parked for purposes of inspection or sale or storage.

UNIT: A section of ground in a trailer camp or court, designed for the accommodation of one (1) trailer coach.

(Ord. No. 5255, 21-101, 5-28-91)

The City Manager of the City of Kearney, Nebraska, is hereby designated to enforce the provisions of sections 9-939 to 9-961, and may delegate such authority for enforcement to the City Building and Zoning Division as he/she sees fit. It is hereby made the duty of said City Manager to enforce all provisions as may hereafter be enacted, and for the purposes of securing such enforcement any officer of the City of Kearney shall have the right and is hereby empowered to enter upon any premises, on which any trailer is located, or about to be located, and inspect the same and all accommodations connected therewith at any reasonable time. The City Manager is further empowered to recommend to the Council of said City, the issuance of orders granting, renewing, and revoking such permits and licenses as are provided for in accordance with the provisions of sections 9-939 to 9-961.

(Ord. No. 5255, 21-102, 5-28-91)

A.

It shall be unlawful within the limits of the City of Kearney, for any person to park any trailer on any street, alley or highway or other public place or on any tract of land owned by any person occupied or unoccupied within the City of Kearney, except as provided in this section.

B.

Emergency or temporary stopping or parking is permitted on any street, alley, or highway for not longer than one (1) hour subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.

C.

No person shall park or occupy any trailer on the premises of any occupied or unoccupied dwelling or on any lot which is not a part of the premises of any occupied or unoccupied dwelling either of which is situated outside an approved trailer camp; except the parking of only one (1) unoccupied trailer in an accessory private garage building or in a rear yard in any district, is permitted, provided no living quarters shall be maintained or any business practiced in said trailer where such trailer is so parked or stored; provided, however, any person who shall have parked an occupied trailer on private premises under license from local authority prior to the effective date of this section may be permitted to maintain said trailer under said original license, until said original license expires.

(Ord. No. 5255, 21-103, 5-28-91)

It shall be unlawful for any person to establish, operate or maintain or permit to be established, operated or maintained upon any property, owned or controlled by him/her, a trailer camp within the City, without having first secured a license therefor from the Council, such license to be granted and existing in compliance with the terms of this Chapter and any other applicable ordinance of the City. Such license shall expire on the first (1st) day of May following the date of its issuance, but may be renewed under the provisions of this section for an additional period of one (1) year.

The application for such license or the renewal thereof shall be filed with the City Clerk and shall be accompanied by a fee of twenty-five dollars ($25.00) for each camp, and where trailer spaces exceed ten (10) and not more than fifteen (15), a fee of twenty-five dollars ($25.00); and where trailer spaces exceed fifteen (15) and not more than thirty (30), a fee of forty dollars ($40.00); and where trailer spaces exceed thirty (30) and not more than forty-five (45), a fee of fifty-five dollars ($55.00); and where trailer spaces exceed forty-five (45) and not more than sixty (60), a fee of seventy dollars ($70.00); and where trailer spaces exceed sixty (60) and not more than seventy-five (75), a fee of eighty-five dollars ($85.00); and where trailer spaces exceed seventy-five (75) and not more than ninety (90), a fee of one hundred dollars ($100.00); and where trailer spaces exceed ninety (90) and not more than one hundred and five (105), a fee of one hundred fifteen dollars ($115.00); and a license bond in the sum of two thousand dollars ($2,000.00) to guarantee compliance with the terms of sections 9-939 to 9-961. Applications for a renewal license shall be filed in the office of the City Clerk no later than the first (1st) day of April of each year. The application for a license or a renewal thereof shall be made on printed forms furnished by the City Clerk and shall include the name and address of the owner, the location of the tract and such a legal description of the premises upon which the trailer camp is or will be located as will readily identify and definitely locate the premises. If the fee is vested in some person other than the applicant, a duly verified statement by the person in whom the fee is vested, that the applicant is authorized by him/her to construct or maintain the trailer camp and make the application for a license pursuant to this section, shall also accompany the application. The application shall be accompanied by four (4) copies of the specifications and camp plan in scale, one (1) copy of which shall be placed permanently on file in the office of the City Clerk and shall show the following either existing or as proposed:

A.

The extent and area used for camp purposes.

B.

Roadways and driveways.

C.

Location and number of sites or units for trailer coaches, of which there shall not be less than ten (10) such sites or units.

D.

Location and number of sanitary conveniences, including toilets or washrooms and equipment thereof and utility rooms to be used by occupants of trailer coaches.

E.

That there has been proper conformance with City building, zoning, plumbing and other ordinances.

F.

Method and plan of sewage disposal.

G.

Method and plan of garbage removal.

H.

Plan for water supply.

I.

Plan for electric supply of units.

The provisions of this section shall also apply to all renewal licenses.

(Ord. No. 5255, 21-104, 5-28-91)

Before such license shall be issued there shall be a favorable recommendation by a majority of the Council of the City of Kearney, Nebraska; and the premises must be inspected and approved by the City Manager or his/her duly authorized representative and/or other city officers of said City as complying with all provisions of sections 9-939 to 9-961 and all other applicable ordinances of the City of Kearney, Nebraska, whereupon it shall be at the discretion of the Council to issue the same.

Licenses issued under the terms of sections 9-939 to 9-961 shall convey no right to erect any building, to do any plumbing work, or to do any electrical work except upon permit issued in conformity with existing building, electrical and plumbing codes of the City.

(Ord. No. 5255, 21-105, 5-28-91)

A.

No trailer camp shall be located in any zone of the City of Kearney other than a Commercial or M-Industrial.

B.

No trailer camp shall be located within the limits of the City of Kearney unless City water, sewer, and fire protection facilities are available and the applicant, in his/her application, clearly manifests his/her intention to connect thereto before said camp is occupied.

C.

No occupied trailer shall be located in any trailer camp within the City limits of said City outside of the recognized setback line for the zoning district in which such camp is located and such trailers shall be no less than five (5) feet from any other building, vehicles, or the boundary line of the tract upon which it is located.

(Ord. No. 5255, 21-106, 5-28-91)

A.

Location. The trailer court shall be well drained, and shall not be adjacent to swamps, marshes, breeding places for insects or rodents, or heavy industrial zones with objectionable odors or noise. The court shall have good natural drainage, or storm drainage systems shall be provided; this drainage shall not endanger any water supply. The site shall be graded and ditched to eliminate standing water; however, ditching shall not create accident hazards. The area of the trailer court shall be sufficient to accommodate the number of trailer coach spaces for which the court is designed, parking areas for motor vehicles, and service areas and playgrounds.

B.

Units shall be clearly designated and the camp so arranged that all units shall face or abut on a driveway of not less than sixteen (16) feet in width, giving easy access from all units to a public street. Such driveway shall be at least graveled or cindered and maintained in good condition, having proper drainage into the City's drainage system, be well lighted at night, and shall not be obstructed.

C.

The camp shall be so laid out that no dependent trailer coach shall be located further than two hundred (200) feet from the toilets and service buildings provided for herein; and walkways to such buildings shall be at least graveled or cindered and well lighted at night.

(Ord. No. 5255, 21-107, 5-28-91)

Each trailer coach space shall contain a minimum of twelve hundred (1200) square feet and shall be at least thirty (30) feet wide. The boundary lines of such limitations shall be plainly and permanently marked. Trailers shall be so harbored on their specific unit. There shall be at least fifteen (15) foot clearance between trailers; provided, however, that with respect to trailers parked end-to-end, clearance between trailers may be less than fifteen (15) foot, but not less than ten (10) foot.

(Ord. No. 5255, 21-108, 5-28-91)

An adequate supply of pure water for each trailer and each service house shall be furnished through a piped distribution system laid at a depth of not less than four and one-half (4-1/2) feet from the surface of the ground and connected with the City water main. There shall be supply faucets located not more than two hundred (200) feet from any trailer and each of these supply pipes shall be capable of supplying at least one hundred twenty-five (125) gallons of water per day per trailer coach space.

The water distribution system shall be constructed from cast iron or Type K copper pipes. The piping shall be able to supply six (6) to eight (8) gallons per minute at a minimum pressure of twenty (20) pounds per square inch at each coach space outlet, and the individual trailer coach supply lines shall be not less than three-fourths (3/4) inch Type K copper terminating with a connection at an appropriate location at each trailer coach space with a riser extending at last four (4) inches above the ground surface, with two (2) three-fourths (3/4) inch valve outlets. Check valves shall not be installed on any riser. The outlets shall be threaded so that a screwed connection, using flexible copper tubing, may be made from one (1) outlet to the coaches water piping system, leaving the other for use as a hose connection for fire control or other uses. The ground surface around the riser pipe shall be graded so as to divert surface drainage way from the connection. The riser pipe shall be encased in a six (6) inch cast iron pipe, with the intervening space filled with an insulating material to protect it from freezing. An insulated cover shall be provided which will encase both valve outlets but not prevent connections to the trailer during freezing weather. When the coach space is unoccupied during cold weather, the outlet shall be protected from freezing by draining of the pipes. A shut off valve or other approved freezeless arrangement shall be placed below frost depth on the service line. All necessary precautions shall be taken in laying all water pipes. They shall not be laid in water, nor where they can be flooded by water or sewage during the lying process period. Dirt and other contaminating material shall be excluded from the pipe.

Each water supply distribution system providing for a trailer court shall be approved by the plumbing inspection after construction and before it is covered or placed in service.

No common drinking vessels shall be permitted, nor shall any common drinking water faucets or drinking fountains be placed in any toilet room.

An abundant supply of hot water shall be provided at all times for laundry and bathing facilities.

(Ord. No. 5255, 21-109, 5-28-91)

Every trailer camp or court shall have erected thereon, at a distance not greater than two hundred (200) feet from any dependent trailer coach a service building or buildings for housing toilets, shower facilities, and laundry facilities. Each service building shall meet the following specifications:

A.

Construction and Maintenance. The service building shall be of permanent construction, with an interior finish of moisture resistant material which will stand frequent washing and cleaning. The floors shall be of impervious material easily cleanable and sloped to floor drains connected to the sewage system. The interior of each service building shall be maintained in a clean and sanitary condition at all times and shall be washed and disinfected at least once daily. All rooms of the service building shall be well ventilated, provided with trap drains connected to the City sanitary sewage system and all exterior openings shall be covered with sixteen (16) mesh screen. All rooms in the service building shall be well lighted at all times with general lighting being no less than five (5) foot candles. The laundry room shall have illumination of forty (40) foot candles in work areas, such as washtubs, ironing boards, and sorting tables. In the toilet rooms the area in front of the mirror shall have an illumination of not less than forty (40) foot candles. Each room shall have window area which will be not less than twelve percent (12%) of the floor area and windows shall be well distributed. The service building shall have heating facilities capable of maintaining a minimum temperature of seventy degrees (70;deg;) F in cold weather. Hot water shall be provided for lavatory, bathing, and laundry room fixtures with facilities of sufficient capacity to supply three (3) gallons per hour per coach space. Separate men's and women's toilet rooms shall be provided and distinctly marked and they shall be separated by a sound resistant wall. The vestibule or screen wall shall be provided to prevent direct view into the toilet room when the exterior doors are opened.

B.

Fixture Requirements. Every trailer court shall provide adequate toilet and laundry facilities. In no instance shall there be less than: One (1) laundry unit; two (2) toilets, one (1) lavatory, one (1) shower or bathtub for women; and one (1) toilet, one (1) urinal, one (1) lavatory, one (1) shower or bathtub for men.

In trailer camps where dependent trailers, tents or camping out facilities are permitted, a slop water closet shall be provided in each service building. This slop water closet shall have hot and cold water facilities located over the bowl and shall be provided with a flush mechanism for the complete rinsing of the bowls. The slop water closet shall be in a separate room of the service building with a single, direct opening to the outside.

Facilities provided for by this section shall be deemed to accommodate up to twenty (20) dependent trailer coaches. One (1) additional toilet for each sex will be provided for each ten (10) additional dependent trailer coaches or any part thereof. One (1) additional lavatory for each sex shall be provided for every ten (10) additional dependent coaches or any part thereof; and one (1) additional shower or bathtub shall be provided for each sex, for every twenty (20) additional dependent coaches or any part thereof. There shall be one (1) laundry tray for every twenty (20) trailer coach spaces. Each toilet and shower shall be in a separate compartment, with self-closing doors on all toilet compartments. The shower stall shall be a minimum of three (3) by three (3) feet in area. Showers and bathtubs shall have a dressing compartment with stool or bench. A room containing the laundry trays shall be separated from the toilet rooms, and shall have an exterior entrance only. Installation of fixtures in excess of the minimum requirements will depend upon the number of dependent trailer coaches which the trailer court operator expects to serve.

(Ord. No. 5255, 21-110, 5-28-91)

The storage, collection, and disposal of refuse from the trailer court or camp shall be so conducted as to avoid the creation of health hazards, such as rodent harborages or insect breeding areas, air pollution, and accidents. The court area shall be kept free of litter, rubbish and all other inflammable material at all times.

Containers. All refuse shall be stored in durable, fly-tight, water-tight, and rodent-proof containers in accordance with rules and regulations set forth by the City Sanitation Department and they shall be maintained in a clean and sanitary condition and in good repair at all times. Sufficient capacity shall be provided to prevent the overflowing of any refuse container between collections. Each trailer coach shall be provided with a minimum of four (4) to six (6) gallons of refuse storage capacity per day.

Container Racks. Permanent location shall be selected for the refuse containers and satisfactory racks or holders shall be provided which shall minimize spillage and container deterioration and insure lids shall be kept in place on the containers. The storage racks shall have twelve (12) inches of clear space beneath them and the rack stations shall not be more than one hundred fifty (150) feet from any trailer coach. Collection and removal of garbage and rubbish shall be in accordance with the rules and regulations of the City Health and Sanitation Department.

(Ord. No. 5255, 21-111, 5-28-91)

Each trailer coach space shall be equipped with at least a four (4) inch cast iron sewer connection, trapped by a cast iron soil pipe P trap below frost line and reaching at least four (4) inches above the surface of the ground. The sewer connection shall be protected by a concrete collar at least three (3) inches deep and reaching eight (8) inches in all directions. The connection between the coach drain and the sewer shall be made watertight by suitable fittings. A threaded or fitted in clamp connection shall be made at the trailer coach drain and at the sewer outlet drain. The sewer outlet shall consist of a standard ferrule with a four (4) by three (3) inch screw plug. The screw plug shall be fastened by chain or other device to the concrete collar surrounding the sewer connection to prevent its removal from the site while the sewer connection is in use. The threaded hose connection may be connected to the ferrule directly or by use of pipe fittings. In the case of temporary pipe connections, the two (2) inch pipe can be inserted into the ferrule and caulked to make an acceptable connection. For overnight parking of trailer coaches, and plumbing fixtures within the coaches shall not be used unless provided with satisfactory means of disposal of all sewage wastes. These overnight coaches shall be parked close to the service buildings and the trailer coach occupants shall be directed to use the facilities in the service building or the coach shall be connected to the sewage system. All sewer lines or parts thereof shall be accessible for cleaning out, and shall be properly vented at each trailer site.

All sewer lines shall be laid in trenches separated at least ten (10) feet horizontally from any drinking water supply line under pressure, at a grade of one-fourth (1/4) inch per foot except that when sewer lines and water lines are laid in the same ditch, the sewer main shall be permanently made root-proof and water-tight by means of approved hot poured joints. All joints on the sewer line shall be made water-tight and every effort shall be made to minimize ground water infiltration into the sewage system. Connections in manholes shall be so constructed as to prevent surface water from entering the sanitary sewers. Manholes shall be provided at every change in direction, at every junction of two (2) or more branch sewers, and at intervals of not more than three hundred (300) feet. Cleanouts extending to grade may be used instead of manholes on four (4) and six (6) inch lines. They should be provided wherever a manhole would otherwise be necessary and at intervals of not more than one hundred (100) feet. All cleanouts shall be capped with cleanout plugs. Each sewer lateral serving a row of coaches shall be vented at its upper end. Sewer mains shall be designed to handle the estimated sewage flow and shall be a minimum of four (4) inch lines that service each trailer. These four (4) inch lines shall be connected to an eight (8) inch main which empties into the City's sewer system. All materials used and installation shall be subject to approval of the Plumbing Inspector before installation.

(Ord. No. 5255, 21-112, 5-28-91)

Every trailer court or camp shall be equipped with electric power. An electric outlet supplying one hundred ten (110) to one hundred fifteen (115) volts shall be provided for each trailer coach space, and shall be weatherproof and accessible to the parked trailer. Each trailer shall be grounded by a suitable ground connection approved by the Electrical Inspector. In no instance shall any power line over the trailer court area be less than eighteen (18) feet above ground. All electrical wiring in the court shall be in compliance with applicable State and local codes of the State of Nebraska and the City of Kearney, or where none exists with the National Electrical Code and shall be subject to the approval of the Building Official.

(Ord. No. 5255, 21-113, 5-28-91)

Cylinders containing liquefied petroleum gas, to be used as fuel by trailer occupants shall be connected to the stoves or heaters of the trailer by copper or other metallic tubing, in such a manner as to provide leakproof connections. The cylinders shall be securely fastened in place, outside of and not less than five (5) feet from any coach exit. State and local regulations applicable to the installation of equipment, and the handling of liquefied petroleum gas and fuel oil shall be followed.

(Ord. No. 5255, 21-114, 5-28-91)

Approved fire hydrants shall be located within three hundred (300) feet of each trailer coach. In no case will any trailer court or camp be without hand fire extinguishers located in convenient places approved by the Fire Chief in the ratio of one (1) extinguisher to each eight (8) units. Such fire extinguishers shall be inspected regularly and kept in good repair. Fires shall not be permitted within the area of the trailer court or camp except in equipment specifically designed for such purposes and approved by the Fire Chief and in compliance with the existing regulations governing such fires.

(Ord. No. 5255, 21-115, 5-28-91)

All plumbing and electrical alterations or repairs shall be made in accordance with local regulations. No permanent additions of any kind shall be built onto, or become a part of, any trailer coach. The skirting of coaches shall be permitted, but skirting shall not attach a coach permanently to the ground, nor provide a harborage for rodents, nor create a fire hazard. The wheels of coaches shall not be removed except temporarily for repairs not to exceed twenty-four (24) hours. This need not prevent the placing of jacks or stabilizers under the frame of a coach to prevent movement on the springs while it is parked and occupied.

(Ord. No. 5255, 21-116, 5-28-91)

No dogs, cats, or other domestic animals shall be permitted to run at large in the trailer court. Such animals shall be kept in restricted enclosures on the individual coach space. The enclosure shall be maintained in a clean and sanitary condition at all times.

(Ord. No. 5255, 21-117, 5-28-91)

The owner or manager of every trailer court or camp shall maintain in the near vicinity of such camp an office in which there shall be a copy of the camp license and of sections 9-939 to 9-961, and the camp register.

It shall be the duty of the owner, or manager together with the licenses to: (1) keep at all times a register of all guests which shall be open to State and Federal officers and officers of the City of Kearney, Nebraska showing for all guests: (a) names and addresses, (b) dates of entrance and departure, (c) license numbers of all automobiles and trailers entering, (d) state issuing such licenses, (e) place of last location and length of stay, (f) color and make of trailer; (2) maintain the camp in a clean, orderly, and sanitary condition at all times; (3) see that the provisions of sections 9-939 to 9-961 are complied with and enforced and report promptly to the proper authorities any violation of sections 9-939 to 9-961 or any other violations of the law which may come to his/her attention; (4) notify the Environmental Health Specialist immediately upon any known or suspected case of a communicable disease. In case of a disease diagnosed as quarantinable, the owner or manager shall not permit the departure of a trailer coach or its occupants or the removal therefrom of clothing or other Articles that have been exposed to the infection without approval of the Building and Zoning Division; (5) prohibit the use of any trailer by a greater number of occupants than that for which it was designed.

(Ord. No. 5255, 21-118, 5-28-91)

No trailer may be inhabited by a greater number of occupants than that for which it was designed.

(Ord. No. 5255, 21-119, 5-28-91)

The Council is hereby authorized to revoke any license issued pursuant to the terms of sections 9-939 to 9-961 if after due investigation, they determine that the holder thereof has violated any of the provisions of sections 9-939 to 9-961 or that any trailer or trailer camp is being maintained in an unsanitary or unsafe manner or is a nuisance.

(Ord. No. 5255, 21-120, 5-28-91)

Whenever the City Environmental Health Specialist finds that an emergency exists that requires immediate action to protect the public health or safety, he/she may without notice, or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she may deem necessary to meet the emergency. Notwithstanding any of the provisions of sections 9-939 to 9-961, such orders shall be effective immediately. (Ord. No. 5255, 21-121, 5-28-91)

Any person found guilty of violating any provisions of sections 9-939 to 9-961 shall be deemed guilty of a misdemeanor; their license shall be revoked, or they shall be fined not less than five dollars ($5.00) and not more than one hundred dollars ($100.00) and shall be committed to the City jail until such fine and costs are paid, and every day such violation exists shall constitute a separate offense and be punishable as such hereunder. Provided, however, the foregoing provisions shall not be construed to preclude any other remedies. In addition thereto, the appropriate authorities of the City of Kearney may institute injunction, mandamus, or other appropriate action or proceedings to prevent unlawful erection, construction, alteration, conversion or use, or to correct or abate such violation, or to prevent the occupancy of the structures or land concerned.

(Ord. No. 5255, 21-122, 5-28-91)

The regulations contained in the Plumbing Code known as the "Uniform Plumbing Code, 2021 Edition" and the whole thereof, except such portions as are hereinafter deleted, modified, or amended, are hereby adopted, incorporated and made a part of this Code of Ordinances, and are applicable within the City and within the two (2) miles of the corporate limits, the same as those spread at large herein. One (1) printed copy of such Code shall be filed in the office of the City Clerk. Subsequent editions or revisions of the Uniform Plumbing Code adopted by the provisions of this article shall be considered adopted and in full force and effect within the City and the area within two (2) miles thereof upon the approval thereof by the Council and the filing of one (1) copy thereof in the office of the City Clerk. By this Ordinance, the Uniform Plumbing Code, 2021 Edition is adopted with the amendments, modifications and deletions as cited below.

(1)

The following chapters, sections and tables of the Uniform Plumbing Code, 2021 Edition are not adopted or approved and shall not be a part of the Code, and shall be of no force or effect in the City and its jurisdiction:

1.

Table 104.5 Plumbing Permit Fees.

2.

Chapter 13—Health Care Facilities and Medical Gas and Vacuum Systems.

3.

Chapter 16—Nonpotable Rainwater Catchment Systems.

All appendices will be adopted on a case by case basis with special permission from the Building Official.

(Code 1959, Ch. 23; Ord. No. 2348, 7-10-73; Code 1980, 30-16; Ord. No. 6132, 6-11-96; Ord. No. 6868, 3-26-2002; Ord. No. 7184, 6-14-2005; Ord. No. 7382, 9-25-2007; Ord. No. 7574, 2-23-2010; Ord. No. 7794, 3-12-2013; Ord. No. 8083, 6-28-2016 effective date October 16, 2016; Ord. No. 8131, 3-14-2017; Ord. No. 8323, § 1, 2-12-2019; Ord. No. 8593, § 6, 8-9-2022)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-132 and 19-922

The Uniform Plumbing Code adopted by the provisions of this Article is hereby amended, altered, changed or modified as follows:

(1)

Section 415.2 Drinking Fountain Alternatives is hereby amended to read: Water stations as approved by the Building Official shall be permitted to be substituted for drinking fountains. Bottle filling stations shall be permitted to be substituted for drinking fountains up to 50 percent of the requirements for drinking fountains. Drinking fountains shall not be for an occupant load of 30 or less.

(2)

Table 422.1 Minimum Plumbing Facilities is hereby amended to add the note at the end of the table: 6. For Business and Mercantile occupancies, urinals shall not be required for a total occupant load of 50 or less. For these occupancies, occupant load of 51 or greater shall comply with Table 422.1.

(3)

Section 603.4.2 Testing is hereby amended by adding the following text to the end of the section: Pressure vacuum breakers installed to serve lawn sprinkler systems shall conform to all other requirements of this Code and shall be tested upon installation and before being put into use. Thereafter, such devices shall be tested in accordance with the manufacturer's recommendations.

(4)

Section 604.13 Water Heater Connectors is hereby amended by adding the following exception to the end of the section: Exception: PEX tubing may be installed within the first eighteen (18) inches of an electric water heater in residential applications.

(5)

Section 608.5 Discharge Piping is hereby amended by adding the following text to the end of the section: Relief valves may be piped to within eight (8) inches of the finished floor in areas which are served by a floor drain. Exception: In existing situations, relief valves are permitted to be piped to within eight (8) inches of the floor where no floor drain exists, with approval from the Administrative Authority having jurisdiction.

(6)

Section 609.12.1 Insulation Requirements is hereby amended by deleting the section in its entirety and adding the following language: The following domestic hot water piping shall be insulated as follows:

1.

Hot water piping one (1) inch and larger

2.

All piping located outside conditioned spaces

3.

All piping located under a floor slab

4.

All buried piping

(7)

Section 610.8 Size of Meter and Building Supply Pipe Using Table 610.4, Item 6 is hereby amended by adding the following text: One and two family dwelling units are each to be served by a water service with a minimum of one (1) inch nominal pipe size which conforms to ASTM D 2239.

(8)

Section 612.3 Sprinklers is hereby deleted in its entirety.

(9)

Section 705.6.2 Solvent Cement Joints is hereby amended by removing the following text: purple in color.

(10)

Section 710.4 Discharge Line is hereby amended by adding the following text to the end of the first paragraph: The gate or ball valve may be omitted in single family dwelling units.

(11)

Section 710.6 Backwater Valves is hereby amended by adding the following text to the section: Backwater valves in sewer lines will only be required when specified by the Administrative Authority having jurisdiction, but may be installed when the need is determined by the user or installer.

(12)

Section 713.4 Public Sewer Availability is hereby amended to read: The public sewer shall be considered as being available when such public sewer or any building or any exterior drainage facility connected thereto, is located not more than three hundred (300) feet (91.2m) from any proposed building or exterior drainage facility on any lot or premises which abuts and is served by such public sewer.

(13)

Section 715.1 Materials is hereby amended to read: The building sewer, beginning two (2) feet from any building or structure, shall be of one of the following approved materials: Schedule 40 PVC or ABS, cast iron soil pipe or vitrified clay pipe with rubber compression joints.

(14)

Section 717.1 General the last sentence of the first paragraph is hereby amended to read: No building sewer shall be of less than four (4) inch nominal pipe size.

(15)

Section 719.1 Locations is hereby amended by adding the following text after the first paragraph: All sewers, except in mobile home courts, shall be provided with a 2-way cleanout at the connection of the building drain to the building sewer and that cleanout shall be accessible and cut no taller than finished grade height. Mobile homes shall be provided with a three (3) inch minimum cleanout accessible from outside the skirting.

(16)

Section 720.0 Sewer and Water Pipes is amended by adding the following section: 720.2 Sewer and Water Pipe Separation. At the property line, and ten (10) feet back of it, water and sewer lines shall be separated by a minimum often (10) feet of horizontal distance.

(17)

Section 723.1 General is hereby amended by adding the following text to the section: The Administrative Authority Having Jurisdiction can waive the requirement for a sewer test.

(18)

Section 807.3 Domestic Dishwashing Machine is hereby amended by adding the following text to the section: Residential dishwasher drains may be connected to a separate trap extended as high as practically possible within the cabinet and connected by means of an air break, or they may be directly connected to a garbage grinder/disposal or to a separately trapped branch tailpiece after first being routed to the underside of the countertop and secured at that location. When being attached to a garbage grinder/disposal it shall be gravity piped in a way that does not expose the dishwasher line to the grinder/disposals waste.

(19)

Section 901.2 Vents Required is hereby amended by adding the following exception: Exception: Air admittance valves or automatic vent devices shall only be allowed, with prior approval from the Administrative Authority having jurisdiction, for remodel work, for fixtures of one (1) or two (2) drainage fixture units and where it is determined by the Administrative Authority having jurisdiction that conventional venting methods are not possible and/or reasonably practical.

(20)

Section 1107.2.3 Exceptions is hereby amended to read: Storm drainage shall not be required to be tested where installed with Schedule 40 PVC pipe and solvent weld joints. Systems installed with cast iron pipe and no-hub connections shall not be required to be tested unless the total elevation change from the flood level rim of the highest roof drain or overflow drain to the invert of the pipe at the point of discharge to atmosphere exceeds twenty-five (25) feet. If the twenty-five (25) feet of elevation change is exceeded, the requirements of Section 1106.2.1 and 1106.2.2 shall be followed.

(21)

Section 1210.9.3 Emergency Shutoff Valves is hereby amended by adding the following text to the end of the section: Emergency shutoff valves shall be of a type approved for use with the gas and pressure intended and shall be such that operation of the valve will require the use of a tool and not be able to be accomplished with a bare hand. Disassembling of a gas shutoff valve will not be approved as an allowable practice.

(22)

Section 1211.2 Bonding of CSST Gas Piping is hereby amended to add the following exception to the end of the section:

Exception: CSST piping is listed with an arc resistant jacket or coating system in accordance with ANSI LC 1/CSA 6.26.

(Ord. No. 3410, 1, 8-11-81; Ord. No. 3427, 1, 8-25-81; Ord. No. 3476, 1, 11-10-81; Ord. No. 3829, 1, 2-25-86; Ord. No. 3905, 1, 3-10-87; Ord. No. 3909, 1, 3-31-87; Ord. No. 3919, 1, 5-12-87; Ord. No. 3962, 1, 1-10-87; Ord. No. 3987, 1, 3-8-88; Ord. No. 4002, 1, 4-12-88; Ord. No. 4020, 1, 5-24-88; Ord. No. 5092, 1, 2-13-90; Code 1980, 30-17; Ord. No. 6132, 6-11-96; Ord. No. 6187, 10-8-96; Ord. No. 6769, 3-27-2001; Ord. No. 6868, 3-26-2002; Ord. No. 7184, 6-14-2005; Ord. No. 7382, 9-25-2007; Ord. No. 7574, 2-23-2010; Ord. No. 7794, 3-12-2013; Ord. No. 8083, 6-28-2016 effective date October 16, 2016; Ord. No. 8323, § 2, 2-12-2019; Ord. No. 8371, § 1, 8-13-2019; Ord. No. 8593, § 7, 8-9-2022; Ord. No. 8677, § 1, 5-28-2024)

Cross reference— Occupation taxes, Ch. 3, Art. 18

Appendix H of the Uniform Plumbing Code, 2021 Edition is specifically not adopted and shall not be a part of the Code. However, the requirements and provisions of the Nebraska Department of Environment and Energy Title 124, Rules and Regulations for Design, Operation and Maintenance of Septic Tanks, shall remain in full force and effect. The minimum lot area in which a private disposal system may be installed is fifteen thousand (15,000) square feet, and the minimum lot area in which a private water system and a private disposal system may be installed is twenty thousand (20,000) square feet. Furthermore, the following requirements for liquid waste disposal in areas having no public sewer available shall apply.

All buildings having water connections or supply shall be connected to a public sanitary sewer where such sewer is available as per Section 713.4, amended. Where buildings are to be hereafter constructed or land uses changed in a fashion that sewage, wastewater or any type of contaminated or polluted liquid waste is produced and public sewer connections are not possible or practical, septic tank and disposal field systems may be permitted, provided the following requirements are met. These requirements and procedures apply to all the City of Kearney and the area lying within two (2) miles of the City limits.

All Private Sewage Systems shall be registered and permitted with the Nebraska Department of Environment and Energy (NDEE). No dwelling or other building may be occupied until proof is provided that the waste water system has been registered with the Nebraska Department of Environment and Energy and a Certificate of Occupancy has been issued by the Building Official or their designee.

(Ord. No. 6132, 6-11-96; Ord. No. 6868, 3-26-2002; Ord. No. 7184, 6-14-2005; Ord. No. 7382, 9-25-2007; Ord. No. 7574, 2-23-2010; Ord. No. 7794, 3-12-2013; Ord. No. 8083, 6-28-2016 effective date October 16, 2016; Ord. No. 8323, § 3, 2-12-2019; Ord. No. 8677, § 2, 5-28-2024)

The use of private wells within the limits of the City for domestic purposes shall be permitted only when the City's water distribution system is not available to the premises on which water is required. The City water distribution system shall, for the purposes of this Code, be considered available when a water distribution main is located within three hundred (300) feet of any part of said property on which water is required as measured from the property line along a street, alley or public utility easement.

(Ord. No. 6132, 6-11-96)

Oil interceptors for service and industrial applications shall be sized according to the following table or may, with the approval of the Building Official or their designee, be sized by an engineer licensed to practice in the State of Nebraska.

Storage areas in conjunction with service areas shall cause an increase in the required volume of the interceptor of one (1) cubic foot capacity per one hundred (100) square feet of storage area and the corresponding flow rate and storage capacity shall apply.

Mechanical car washes shall be served by a sand and gravel interceptor with a minimum static water capacity of fifty (50) cubic feet, which shall receive all waste water from the washing facility. Such interceptor shall have a minimum seal of six (6) inches and no outlet from a sand and gravel interceptor shall be discharged to an oil interceptor. Where motor cleaning services are rendered at mechanical car washing facilities, an oil interceptor shall be installed in that section of the drainage system which receives waste water from the motor cleaning operation.

Wash bays where vehicles are cleaned without the use of moving equipment shall be equipped with a sand interceptor which shall have an area of four (4) square feet minimum and be a minimum depth of two (2) feet below the invert of the outlet pipe and have a minimum of a six (6) inch seal depth.

(Ord. No. 6132, 6-11-96; Ord. No. 8323, § 4, 2-12-2019; Ord. No. 8677, § 3, 5-28-2024)

No installation of any plumbing shall be made within the City or the two (2) mile jurisdictional area outside the City limits, without first obtaining an approved permit from Development Services Department to do so.

(Ord. No. 6132, 6-11-96; Ord. No. 7184, 6-14-2005; Ord. No. 8677, § 4, 5-28-2024)

It shall be unlawful for any person to cause or permit any plumbing or drainage work to be done in connection with any property owned, managed or controlled by such person unless the plumber doing such work has been registered and/or licensed as required by this Code.

(Ord. No. 6132, 6-11-96; Ord. No. 8677, § 5, 5-28-2024)

A permit may be issued only to a properly registered master plumber of the City of Kearney; provided that a permit may be issued to the owner of a single-family dwelling to do plumbing or drainage work in such dwelling where the same is used exclusively for the purposes of such owner, who resides in such dwelling. Said work shall be limited to no more than three (3) fixtures and only at the discretion of the Building Official or their designee, depending on plumbing experience. Such plumbing or drainage work performed by an owner shall be performed by themselves without compensation or pay to any other person therefore. Any owner doing plumbing or drainage work hereunder shall apply for the required permit, pay the prescribed fee therefore, call for inspections and do all work in accordance with the provisions of this Code.

(Ord. No. 6132, 6-11-96; Ord. No. 7656, 6-28-2011; Ord. No. 8345, § 1, 5-14-2019; Ord. No. 8677, § 6, 5-28-2024)

Editor's note— Ord. No. 8345, § 1, adopted May 14, 2019, renamed § 9-1032 from "installations by owner" to "minor installations by owner."

No permit shall be required for minor repair work. Minor repair work as used in this Code is hereby defined to be repairing leaks in pipes or traps, or opening waste or supply pipes or repairing broken fixtures or frozen pipes within the building, but where alterations are made either in soil, waste or vent pipes, or where the location or kind of fixture is changed, permits will be required.

(Ord. No. 6132, 6-11-96)

The application for a plumbing permit shall provide the name of the owner, agent or occupant of the premises, giving the address, the name and business location of the plumber having charge of the work and a description of the work to be done, setting forth the number and kind of fixtures. The applicant for such permit shall pay a fee as provided in Section 9-1035 which follows. Any applicant who is delinquent in their indebtedness to the City as a result of a previous permit or permits, may be refused further permits until the indebtedness has been paid.

(Ord. No. 6132, 6-11-96)

The fees as set forth in the City of Kearney Comprehensive Fee Schedule are to be paid to the City for plumbing permits and credited to the general fund of the City.

Whenever work for which a permit is required and has commenced without first having obtained such permit, if such permit is subsequently issued, said permit shall be issued at double the rate listed. This provision does not apply to emergency work when it is demonstrated to the satisfaction of the Building Official or their designee that such an emergency existed and was urgently necessary and that it was not practical therefore to obtain a permit before commencement of work. In such cases, the double permit fee will be waived if the permit is obtained within the first eight (8) hours that Development Services Department is open for business following such an event or the commencement of such work.

(Ord. No. 6132, 6-11-96; Ord. No. 6912, 9-10-2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 8323, § 5, 2-12-2019; Ord. No. 8677, § 7, 5-28-2024)

No person shall engage in or work at the business, trade or calling of a plumber in the City or within two (2) miles thereof until they have been duly authorized to do so by being licensed in one of the classifications described in Section 9-1041, as hereinafter provided.

(Ord. No. 6132, 6-11-96; Ord. No. 8677, § 8, 5-28-2024)

(1)

Master Plumber: Any person who is skilled in the planning, superintending and practical installation of plumbing and drainage, who is familiar with the ordinances and regulations governing the same, and who is engaged in the installation, repair, alteration or removal of plumbing or drainage with the full responsibility of supervision, whether doing such work by themselves or employing journeymen plumbers and apprentices to assist them. The term master plumber shall include every person doing work of any character connected with the installation, repair or removal of any plumbing system or material connected with the drainage of building or property and all work requiring connections with street sewers, water mains or other plumbing, other than journeymen plumbers or plumbers' apprentices or helpers as defined in this Code and who has submitted to examination by the Building Official or their designee to determine their qualification to hold a master's license and has subsequently been granted such license.

(2)

Journeyman Plumber: Any person, employed by a master plumber, other than a plumber's apprentice or helper, who as their principal occupation is engaged in the practical installation, alteration, repair or removal of plumbing and who has submitted to examination by the Building Official or their designee to determine their qualification to hold a journeyman's license and has subsequently been granted such license.

(3)

Plumber's Apprentice or Helper: Any person, other than a journeyman plumber or master plumber, who as their principal occupation is engaged in learning and assisting in the installation, repair, alteration or removal of plumbing and drainage. No apprentice or helper shall be permitted to work at the installation, repair or removal of any plumbing or drainage, except under the personal supervision and direction of a duly licensed journeyman or master plumber.

(Ord. No. 6132, 6-11-96; Ord. No. 7656, 6-28-2011; Ord. No. 8323, § 6, 2-12-2019; Ord. No. 8677, § 9, 5-28-2024)

(Ord. No. 6132, 6-11-96; Ord. No. 6868, 3-26-2002; Ord. No. 7184, 6-14-2005; Ord. No. 7382, 9-25-2007; Ord. No. 7574, 2-23-2010; Ord. No. 7656, 6-28-2011)

The fees as set forth in the City of Kearney Comprehensive Fee Schedule are to be paid to the City for licenses. Journeyman and Master applicants shall pay examination fees directly to an approved testing agency.

(Ord. No. 6132, 6-11-96; Ord. No. 6913, 9-24-2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 7656, 6-28-2011; Ord. No. 8677, § 10, 5-28-2024)

No company shall engage in or work at the business or trade of plumbing in the jurisdiction of the City of Kearney until such company has registered as a plumbing contractor with Development Services Department. Each registration shall be in the name of a master plumber in the classification applied for, who is a full time employee of the company and who is in actual supervision of the work performed by the company.

Application for registration under the provisions of this Article shall be made to the Development Services Department. Such application shall include the name and address of the applicant, the business location of the applicant, proof that the applicant is the holder of a current master plumber's license which shall not have been revoked. Registration shall run concurrently with licenses expiring on the last day of January of the second year following the date of issuance and shall not be assignable.

(Ord. No. 6132, 6-11-96; Ord. No. 6187, 10-8-96; Ord. No. 6913, 9-24-2002; Ord. No. 7156, 3-22-2005; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 7382, 9-25-2007; Ord. No. 7656, 6-28-2011; Ord. No. 7922, 8-12-2014; Ord. No. 8218, 2-13-2018; Ord. No. 8677, § 11, 5-28-2024)

(Ord. No. 8217, 2-13-2018)

(Ord. No. 7156, 3-22-2005)

(Code 1994, 9-1010—9-1015; Ord. No. 6132, 6-11-96; Ord. No. 7231, 1-10-2006; Ord. No. 7656, 6-28-2011; Ord. No. 7922, 8-12-2014)

State Law reference— Similar provisions, Neb. Rev. Stat. §18-1901

An applicant for examination to become a journeyman plumber or master plumber, having met the experience requirements specified below with documented experience time, shall apply in writing to take the examination desired. The application shall include the applicant's full name and current address, a summary of work experience (experience time), and a request to be examined. The Building Official or their designee shall review all applications and if the requirements are met, shall approve the applicant to take the examination The Development Services Department shall maintain a list of approved nationally licensed testing agencies that provide an unamended standardized exam which meets the testing qualifications for the locally adopted Uniform Plumbing Code.

Documented experience time must be validated by the Building Official or their designee. Experience time can be validated as being registered (by the City of Kearney or acknowledged jurisdiction) within the respective classification. Any experience time accrued as an apprentice, in order to be considered for the examination to become a journeyman, shall only be accrued under the registration of a registrant in that classification and any experience time accrued as a journeyman to become a master plumber shall only be accrued under the registration of a registrant in that classification. If experience time cannot be proven by registration, experience time may be approved by the Building Official or their designee if applicant can provide documentation such as a combination of W-2's, paystubs, and employment references.

(Ord. No. 6132, 6-11-96; Ord. No. 7656, 6-28-2011; Ord. No. 7675, 9-27-2011; Ord. No. 7922, 8-12-2014; Ord. No. 8323, § 7, 2-12-2019; Ord. No. 8677, § 12, 5-28-2024)

Before the applicant becomes licensed as journeyman or master plumber they shall prove reciprocity, per Section 9-1055, or be approved to take the examination by the Building Official or his designee, per Section 9-1048, pay an examination fee directly to the approved testing agency, and shall be required to submit to and pass a standardized, unamended, online examination, administered by an approved testing agency. Applicants must receive a grade of seventy percent (70%) or higher in order to have shown themselves to the satisfaction of the Building Official to be fit, competent and qualified to engage in the business, trade or calling of a master, or journeyman plumber. Once approved to receive a license, applicants shall pay a licensing fee to the City of Kearney as set forth in the City of Kearney Comprehensive Fee Schedule.

An applicant failing to pass an examination shall not be eligible for re-examination until thirty (30) days after the failed examination. The applicant shall pay an examination fee for each re-examination required. Applicants that wish to dispute their test grade or questions on the examination shall contact the testing agency directly.

(Ord. No. 6132, 6-11-96; Ord. No. 6419, 7-14-98; Ord. No. 6913, 9-24-2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 7656, 6-28-2011; Ord. No. 7922, 8-12-2014; Ord. No. 8323, § 8, 2-12-2019; Ord. No. 8677, § 13, 5-28-2024)

Licenses shall expire on the last day of January of the second year following the date of issuance and shall not be assignable.

(Ord. No. 6132, 6-11-96; Ord. No. 7382, 9-25-2007)

Licenses, at the time of their expiration, may be renewed with the approval of the Building Official, without an examination, upon payment of the required license fee.

Any person licensed under the provisions of this Code as a master or journeyman who does not renew their license for a period of thirty (30) days after the expiration of same, shall pay the examination fee required by this Code for a master or journeyman plumber, as the case may be, and shall submit themselves to an examination by an approved testing agency before such person can again be licensed hereunder.

Exception: Already tested and passed exam as outlined in Section 9-1055 and approved by the Building Official or their designee.

(Ord. No. 6132, 6-11-96; Ord. No. 7656, 6-28-2011; Ord. No. 7922, 8-12-2014; Ord. No. 8323, § 9, 2-12-2019; Ord. No. 8677, § 14, 5-28-2024)

The City Council, by a majority vote shall have the power to revoke or suspend any journeyman, or master plumber license, if the license was obtained through error or fraud, or if the licensee is shown to be incompetent, or has willfully violated the rules, regulations or requirements of the City, any provisions of this Code or the Building Code of the City or other causes sufficient to justify suspension or revocation of the license. This penalty shall be cumulative, and in addition to the penalties prescribed for the violation of the provisions of this Code. If a license is revoked, the holder of the same shall not apply for a license until one (1) year after the date of such revocation. The licensee may appeal said revocation to the City Council.

(Ord. No. 6132, 6-11-96; Ord. No. 6419, 7-14-98; Ord. No. 7656, 6-28-2011; Ord. No. 7922, 8-12-2014; Ord. No. 8323, § 10, 2-12-2019; Ord. No. 8677, § 15, 5-28-2024)

No registered company or individual shall allow their name to be used by another entity, directly or indirectly, either to obtain a permit for the installation of any plumbing, as herein required, or to do any plumbing work. If any licensed plumber violates this provision, the Building Official may, after appropriate notice, revoke the registration issued to such company or individual. In addition to having registration revoked, the plumber of record for purposes of registration may be prosecuted under the penalty for violation of this Code.

(Ord. No. 6132, 6-11-96; Ord. No. 6419, 7-14-98; Ord. No. 7922, 8-12-2014; Ord. No. 8323, § 11, 2-12-2019; Ord. No. 8677, § 16, 5-28-2024)

Any person who shall violate any provision of the Uniform Plumbing Code as amended and adopted by the provisions of this Article, or of any provision of this Article, shall be punished as provided in Section 1-112 of this Code. Every day such violation continues shall be deemed a separate offense.

(Ord. No. 6132, 6-11-96)

Any person validly licensed as a master or journeyman plumber by a city in Nebraska, provided the testing mechanism of that municipality has been verified by the City Manager or their designee to meet or exceed the standards of an unamended standardized exam provided by a nationally licensed testing agency, may apply for exemption from taking the examination specified by Section 9-1049 and, provided the applicant is otherwise qualified pursuant to this Code, the Building Official may approve the applicant to receive a valid license, and direct their designee to execute and deliver the license to the applicant.

The Building Official or their designee shall determine applicant's qualifications, and shall have the right to require any applicant to take an examination. In the event that an applicant is denied a license, they may appeal to the City Council.

(Ord. No. 6398, 5-12-98; Ord. No. 6419, 7-14-98; Ord. No. 6423, 8-11-98; Ord. No. 7656, 6-28-2011; Ord. No. 7863, 12-23-2013; Ord. No. 7922, 8-12-2014; Ord. No. 8323, § 12, 2-12-2019; Ord. No. 8677, § 17, 5-28-2024)

This ordinance shall be known, referred to, and cited as the "City of Kearney Developer Constructed Infrastructure Ordinance."

(Ord. No. 5739, 1-1, 3-22-94)

The purpose of this ordinance is to create an alternative means for a Developer whether an individual, group or corporation, to construct or have constructed public infrastructure, including streets, alleys, storm sewer, water, and sanitary sewer, and associated work, based on a design approved and provided by the City.

(Ord. No. 5739, 1-2, 3-22-94)

These regulations shall apply to all land located within the City of Kearney, referred to as City.

(Ord. No. 5739, 1-3, 3-22-94)

The City's primary point of contact will be the Director of Public Works or his/her designated representative.

(Ord. No. 5739, 1-4, 3-22-94)

To be eligible for the methods described herein, all terms and conditions of this ordinance must be met by the Developer.

(Ord. No. 5739, 2-1, 3-22-94)

An Infrastructure Agreement shall be entered into by both the Developer and the City, prior to designing the work, establishing the respective rights and responsibilities of both parties. The City's representative for the agreement shall be the Mayor/President of the City Council. The Agreement shall, at a minimum, address the requirements of this ordinance. The Infrastructure Agreement may be included in the Subdivision Agreement required by Chapter 57 "Improvement Financing and Guarantees" of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney.

(Ord. No. 5739, 2-2, 3-22-94; Ord. No. 6867, 3-26-2002)

The design shall be developed by an engineer approved by the City.

(Ord. No. 5739, 2-3, 3-22-94; Ord. No. 6622, 2-8-2000)

The Developer shall pay for all design costs prior to commencing any construction.

(Ord. No. 5739, 2-4, 3-22-94)

The Developer shall be fully responsible and accountable for providing the infrastructure construction, and associated work, in compliance with the approved construction design. This includes, but is not limited to, contracting with a qualified construction firm and providing all contract management services.

(Ord. No. 5739, 2-5, 3-22-94)

The Developer shall pay for all construction and associated work costs. For all Developer Constructed Infrastructure Agreements approved by the City Council after January 1, 2013, the City will reimburse the Developer for infrastructure costs considered the responsibility of the City as outlined in paragraphs 1, 2, 3, and 4 of Section 57-103(B.) of the Kearney City Code. The reimbursement will be made to the Developer by the City after the City Council has accepted the improvements pursuant to Section 9-1318 of the Kearney City Code. The reimbursement shall be calculated by the City Engineer based on the most recent unit price bids received by the City, and approved by the City Council, for similar projects. The City will not participate in any reimbursement of costs to the Developer if the City determines, because of budgetary constraints, that general obligation bonds or revenue bonds must be issued to fund the reimbursement. If the City determines that general obligation bonds or revenue bonds must be issued to fund costs considered the responsibility of the City as outlined in paragraphs 1, 2, 3, and 4 of Section 57-103(B) of the Kearney City Code, Improvement Districts must be requested by the Developer.

(Ord. No. 5739, 2-6, 3-22-94; Ord. No. 7779, 12-26-2012)

Construction inspection and testing shall be performed by the City or an engineer approved by the City, as determined necessary by the City or its Engineer.

(Ord. No. 5739, 2-7, 3-22-94; Ord. No. 6622, 2-8-2000)

The Developer shall pay for all construction inspection and testing performed or required by the City or its Engineer.

(Ord. No. 5739, 2-8, 3-22-94)

The Developer shall require the Contractor to furnish to the City performance and payment bonds or an irrevocable letter of credit in the amount of the value of the work to be performed (including construction and construction inspection and testing) as security for the faithful performance and payment of all Contractor's obligations under the contract documents. The bonds or irrevocable letter of credit shall be furnished to the City prior to commencement of any construction work on the public improvements. These bonds or irrevocable letter of credit shall remain in effect at least until one (1) year after acceptance of the construction work, except as otherwise provided by law or regulation. All bonds shall be in the forms prescribed by law or regulation or by the contract documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act.

(Ord. No. 5739, 2-9, 3-22-94; Ord. No. 6622, 2-8-2000)

The Developer shall require the Contractor to purchase and maintain such comprehensive general liability insurance in a minimum coverage of $1,000,000 per occurrence and other insurance as is appropriate for the work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the work and Contractor's other obligations under the contract documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable:

(1)

Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts;

(2)

Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees;

(3)

Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; and

(4)

Claims arising out of operation of laws or regulations for damages because of bodily injury or death of any person or for damage to property.

Documentation of the insurance coverage shall be provided to the City prior to the commencement of any construction work. The insurance required by this paragraph shall include the specific coverages and be written for not less than the limits of liability and coverages required by law or the conditions of this contract, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to City and Engineer by certified mail. All such insurance shall name the City of Kearney as an additional insured, and remain in effect until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective work. In addition, Contractor shall maintain such completed operations insurance for at least one (1) year after final payment and furnish the City with evidence of continuation of such insurance at final payment and one (1) year thereafter.

(Ord. No. 5739, 2-10, 3-22-94; Ord. No. 6622, 2-8-2000)

After the Developer has met all prerequisites for commencing construction identified in this ordinance, the Developer may apply to the City for an "Infrastructure Construction Permit." Issuance of this permit is required prior to commencing any construction work. This permit will be issued by the Director of Public Works at no charge to the Developer. Following receipt of the permit, the Developer may begin construction work.

(Ord. No. 5739, 2-11, 3-22-94)

The construction work shall be completed within the time frame allowed by the permit. The completion time will be established by mutual agreement between the Developer and the City prior to issuance of the permit. The Developer may request time extensions which will be subject to City approval. If the construction is not completed within the time allowed by the permit and extensions are not granted, the City has the option to complete the work using the bonds.

(Ord. No. 5739, 2-12, 3-22-94)

The Developer shall indemnify and hold harmless the City and its agents, officers, and employees for any and all claims, damages, losses, or expenses, including reasonable attorney's fees, that arise out of or allegedly arise out of the design, construction, or maintenance of the systems and facilities described in this agreement that are not due to negligence or omission on the part of the City, its agents, officers, and employees.

(Ord. No. 5739, 2-13, 3-22-94)

Following construction completion, certification that there are no liens or other encumbrances against the construction work, and a determination by the City that the work is in compliance with the design, the City will accept the construction work.

(Ord. No. 5739, 2-14, 3-22-94)

The Developer shall guarantee the work is free from defects for a period of one year from the date of acceptance. Should the work be found to have defects, the City will notify the Developer of such and the Developer shall have all such defects promptly corrected at no additional cost to the City.

(Ord. No. 5739, 2-15, 3-22-94)

This Article shall be known, referred to, and cited as the "City of Kearney Illicit Discharge Detection and Elimination Ordinance."

The purpose of this Article is to protect the public health, safety, environment and general welfare of the citizens of Kearney through the regulation of non-stormwater discharges to the storm sewer system to the maximum extent practicable required by federal and state law. This Article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Article are:

(1)

Regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges from any user.

(2)

Prohibit Illicit Connection and Discharges to the municipal separate storm sewer system.

(3)

Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the City of Kearney's separate storm sewer system.

(4)

Establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this Article.

(Ord. No. 7500, 1-13-2009; Ord. No. 8131, 3-14-2017)

These regulations shall apply to all land located within the City of Kearney, referred to as City.

The City's primary point of contact will be the Director of Public Works or his/her designated representative.

ACCIDENTAL DISCHARGE: A discharge prohibited by this Article which occurs by chance and without planning or thought prior occurrence.

AUTHORIZED ENFORCEMENT AGENCY: Employees or designees of the City of Kearney designated to enforce this Article.

BEST MANAGEMENT PRACTICES (BMPS): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving water, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CLEAN WATER ACT: The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and subsequent amendments thereto.

CONSTRUCTION ACTIVITY: Activities subject to the NPDES Construction Permits. Currently, these include construction projects resulting in land disturbance of one (1) acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavation and demolition.

HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination thereof which, because of its quantity, concentration, or physical, chemical, or infections characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

ILLEGAL DISCHARGE: Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 9-1521 of this Article.

ILLICIT CONNECTIONS: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the City of Kearney or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City of Kearney.

INDUSTRIAL ACTIVITY: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by EPA or by a State under authority delegated pursuant to 33 USC 1342 (B) that authorizes the discharge of pollutants to water of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

NON-STORMWATER DISCHARGE: Any discharge to the storm drain system that is not composed entirely of stormwater.

PERSON: Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

POLLUTANT: Anything which causes or contributes to pollution. Pollutions may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, sediments, or other discarded or abandoned objects, and accumulations, so in the same may cause or contribute to pollution; floatables, excessive pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coli form and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

PREMISES: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking areas.

STORM DRAINAGE SYSTEM: Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

STORMWATER: Any surface flow, runoff, and drainage consisting entirely of uncontaminated water from any form of natural precipitation, and resulting from such precipitation.

WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(Ord. No. 7500, 1-13-2009; Ord. No. 8131, 3-14-2017)

This Article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Kearney.

In addition to the rules of construction and definitions specified in this Article, the following rules shall be observed in the construction of this Code:

A.

All references to Chapters, Articles or Sections are to the Chapters, Articles and Sections of this Code unless otherwise specified.

B.

If the provisions of different Chapters of this Code conflict with or contravene each other, the provisions of each Chapter shall prevail as to all matters and questions growing out of the subject matter of such Chapter.

C.

If conflicting provisions are found in different sections of the same Chapter, the provisions of the section which is last in numerical order shall prevail unless such construction would be inconsistent with the meaning of such Chapter.

The City Manager or his/her designee shall administer, implement, and enforce the provisions of this Article. Any powers granted or duties imposed upon the City of Kearney may be delegated in writing by the City Manager of the City of Kearney to persons or entities acting in the beneficial interest of or in the employ of the City.

It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable; and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

The standards set for herein and promulgated pursuant to this Article are minimum standards; therefore this Article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the United States caused by said person. The owner shall indemnify and hold harmless the City of Kearney and its agents, officers, and employees for any and all claims, damages, losses, or expenses, including reasonable attorney's fees, that arise out of or allegedly arise out of the design, construction, or maintenance of the systems and facilities described in this agreement that are not due to negligence or omission on the part of the City, its agents, officers, and employees.

No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standard, other than stormwater.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

(1)

The following discharges are exempt from discharge prohibitions established by this Article: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active ground water dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated - typically less than one (1) PPM chlorine), firefighting activities, and any other water source not containing pollutants.

(2)

Discharges specified in writing by the City of Kearney as being necessary to protect public health and safety.

(3)

Dye testing is an allowable discharge, but requires a verbal notification to the City of Kearney prior to the time of test.

(4)

The prohibition shall not apply to any non-stormwater discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

(Ord. No. 7500, 1-13-2009; Ord. No. 8131, 3-14-2017)

The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the United States, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, excessive sediment, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper covered waste receptacles for the purpose of collection are exempted from this prohibition. All waste containers must be solid and able to retain all accumulated liquids. The discharge of accumulated liquids onto paved surfaces is prohibited. Waste receptacles shall be equipped with covers to prevent rainwater accumulation.

Any person subject to an industrial or construction activity, NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Kearney prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. No. 7500, 1-13-2009; Ord. No. 8131, 3-14-2017)

If requested, the City of Kearney will provide guidance on Best Management Practices applicable to common activities, operations or facilities which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or water courses through the use of these structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial with the provisions of this section. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. No. 7500, 1-13-2009; Ord. No. 8131, 3-14-2017)

The City of Kearney may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this Article; and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

Every person owning property, through which a watercourse passes, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actual necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

The City of Kearney may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the United States, to undertake at said person's expense such monitoring and analyses and furnish such reports to the City of Kearney as deemed necessary to determine compliance with this Article.

(Ord. No. 7500, 1-13-2009; Ord. No. 8131, 3-14-2017)

Notwithstanding other requirements of the law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the City's storm sewer system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. Said person shall notify the City of Kearney in person, by phone or by facsimile no later than twenty-four (24) hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director of Public Works or his/her designee within three (3) business days of the phone call or by personal notification. If the discharge of prohibited materials emanates from a commercial of industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the action taken to prevent its recurrence. Such records shall be retained for at least three (3) years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

(Ord. No. 7500, 1-13-2009; Ord. No. 8131, 3-14-2017)

Where it is necessary to make an inspection to enforce the provisions of this Article, or where the City of Kearney has reasonable cause to believe that there exists a condition which is contrary to or in violation of this Article and may contribute to pollution, the City of Kearney or its designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Article, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the Director of Public Works or his/her duly appointed representative 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 Director of Public Works shall have recourse to the remedies provided by law to secure entry.

(Ord. No. 8471, § 1, 3-9-2021)

During any inspection as provided herein, the City of Kearney or its designee may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

Whenever the City of Kearney finds that a person has violated a prohibition or failed to meet a requirement of this Article, the Director of Public Works or his/her duly appointed representative may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

(1)

The performance of monitoring, analyses, and reporting;

(2)

The elimination of illicit connections or discharges;

(3)

The violating discharges, practices, or operations shall cease and desist;

(4)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5)

Payment of a fine to cover administrative and remediation costs; and

(6)

The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the owner, or responsible party must act within five (5) days after receipt of notice, or request a hearing with the City. The notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the Director of Public Works and the expense thereof shall be charged to the violator pursuant to Section 9-1567 of this Article.

(Ord. No. 7500, 1-13-2009; Ord. No. 8131, 3-14-2017; Ord. No. 8471, § 2, 3-9-2021)

Notwithstanding the provisions of Section 9-1565 of this Article, any person receiving a Notice of Violation under Section 9-1561 of this Article may appeal the determination to the Director of Public Works. The notice of appeal must be received by the Director of Public Works within five (5) days from the date of the Notice of Violation. Hearing on the appeal before the Director of Public Works or his/her duly appointed representative shall take place within fifteen (15) days from the date of City's receipt of the notice of appeal. The decision of the Director of Public Works or his/her duly appointed representative shall be final.

(Ord. No. 8471, § 3, 3-9-2021)

If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal under Section 9-1562 of this Article, within ten (10) days of the decision of the Director of Public Works, then the City or a contractor designated by the Director of Public Works shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner or agent in possession of any premises to refuse to allow the City or its designated contractor to enter upon the premises for the purposes set forth above.

(Ord. No. 8471, § 4, 3-9-2021)

Within fifteen (15) days after the City of Kearney taking action to abate a violation, the owner or party in possession of the property will be notified of the cost of abatement, including administrative costs incurred in curing the violation. The property owner may file a written protest objecting to the amount of the assessment within ten (10) days to the City of Kearney. If the amount due is not paid within thirty (30) days of the decision of the City of Kearney or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this Article shall become liable to the City by reason of such violation, at which time the City may file civil action to collect said costs, plus interest and reasonable attorney's fees.

The Director of Public Works is authorized to require immediate abatement of any violation of this Article that constitutes an immediate threat to the health, safety or well-being of the public or the environment. If any such violation is not abated immediately as directed by the Director of Public Works, the City of Kearney is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Kearney shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this Section shall not prevent the City from seeking other and further relief authorized under this Article.

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.

Any person who shall violate any provision of Article 15 adopted by the provisions listed within the above paragraphs shall be deemed guilty of a misdemeanor, and shall be punished as provided by Section 1-111 of this Code. Each day such violation continues shall be deemed a separate offense.

(Ord. No. 7500, 1-13-2009)

The intent of this Article is to protect and enhance the water quality of local receiving waters in a manner pursuant to and consistent with the Federal Clean Water Act and also to provide for the health, safety, and general welfare of the citizens of Kearney through the regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4) according to locally approved standards as required by federal and state law. The objectives of this Article are:

A.

To regulate the contribution of pollutants to the MS4 by stormwater discharges from construction activity and development;

B.

To reduce pollutants in stormwater discharges from construction activity by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land;

C.

To require the construction of locally-approved, permanent stormwater runoff controls to protect water quality and maintain non-erosive hydrologic conditions downstream of construction activity and development;

D.

To require responsibility for and long-term maintenance of structural stormwater control facilities and nonstructural stormwater management; and

E.

To enable legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this Article.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

For the purposes of this Article, the following words and phrases shall have the meaning set forth in this Section.

BEST MANAGEMENT PRACTICES (BMPS): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, and drainage from raw materials storage.

BUILDER: Shall mean the general contractor responsible for permitting and constructing a structure and associated construction activity.

BUILDING PHASE OF DEVELOPMENT: Period of construction activity when a portion(s) of a common plan of development or sale requires a building permit.

COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan which may include, but is not limited to, any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot.

CONSTRUCTION ACTIVITY: Such activities include but are not limited to clearing and grubbing, grading, excavating, demolition and other land disturbing actions.

CONSTRUCTION SITE: Any location where construction activity occurs.

CONTRACTOR: Any person performing or managing construction work at a construction site, including, but not limited to, any construction manager, general contractor or subcontractor, and any person engaged in any one or more of the following: earthwork, pipe work, paving, building, plumbing, mechanical, electrical, landscaping or material supply.

CLEARING: Any activity that removes the vegetative surface cover.

DISTURBED AREA: Area of the lands surface disturbed by any work or activity upon the property by means including, but not limited to, grading; excavating; stockpiling soil, fill, or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned for agricultural use.

DRAINAGE DESIGN GUIDANCE OR MANUAL: Documentation that references design criteria and guidance by a community for stormwater management.

EARTHWORK: The disturbance of soil on a site associated with construction activities.

EIGHTIETH (80TH) PERCENTILE RAIN EVENT: A rainfall storm event equivalent to a depth of rainfall which is not exceeded in eighty (80) percent of the historic runoff producing rainfall events. The depth of rainfall to be used shall be that which is identified in the Post Construction Stormwater Management Plan (PCSMP). The depth of rainfall is used in hydrologic calculations to determine the water quality volume or rate of discharge to be controlled for.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

EROSION CONTROL: Measures that prevent soil erosion to the maximum extent practicable.

EROSION AND SEDIMENT CONTROL PLAN: A plan that indicates the specific measures and sequencing to be used for controlling sediment and erosion on a development site during construction activity according to locally approved standards, specification, and guidance.

FINAL DRAINAGE PLAN: A plan that indicates the characteristics of the complete project. The plan will also indicate the future conditions post-construction BMPs will be maintained under.

FINAL STABILIZATION: When all soil disturbing activities at the site have been completed, and vegetative cover has been established with a uniform density of at least seventy (70) percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this Article, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site is considered final stabilization.

GRADING: Excavation or fill of material, including the resulting conditions thereof.

LAND DEVELOPMENT: Any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of impervious cover.

LAND DISTURBANCE ACTIVITY: Any land development that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters, lands, or right-of-way

MS4 BOUNDARY: This area is defined as the Urbanized Area map boundary prepared by the U.S. Census Bureau. This is the minimum boundary adopted by the EPA for Phase II communities as part of the MS4 program.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): Publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage ditches/channels, reservoirs, and other drainage structures.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by the EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b) i.e. Nebraska Department of Environmental Quality) that authorizes the discharge of pollutants to waters of the State.

NON-STORMWATER DISCHARGE: Any discharge to the storm drain system that is not composed entirely of stormwater.

OPERATOR: The individual who has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of "operator" and the pertinent portions of any applicable permit authorization from the State of Nebraska will be transferred as the roles change.

OWNER: The person who owns a facility, development, part of a facility, or land.

PERSON: Means any individual, association, organization, partnership, firm, corporation, cooperative, limited liability company or other entity recognized by law.

PHASING: Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.

POLLUTANT: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coli form and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; wastes and residues that result from mobile washing operations; and noxious or offensive matter of any kind.

POLLUTION: The presence in waters of the State of any substances, contaminants, pollutants, or manmade or man-induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.

POST-CONSTRUCTION: The general time period referenced in perpetuity from the approval for final acceptance of the construction phase of any construction activity.

POST-CONSTRUCTION STORMWATER MANAGEMENT: The management of stormwater for a period of time in perpetuity from approval for final acceptance of the construction phase of any construction activity. The management of stormwater includes the use of STFs that meet minimum site performance standards in accordance with Kearney's MS4 Permit. STFs are intended to provide stormwater treatment during this time period and are considered functional after vegetation has been established.

POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN: Documentation supporting analysis, design, maintenance and inspection of STFs installed on a site in order to meet minimum site performance standards in accordance with Kearney's MS4 Permit.

POST-CONSTRUCTION STORMWATER MANAGEMENT PROGRAM: Municipality controlled program that stems from requirements in the MS4 Permit. This is the guiding document behind designs for the required STFs and Post-Construction Stormwater Management Plan for each site.

PREMISES: Any building, lot, parcel or tract of land, or portion thereof, whether improved, or unimproved, and including adjacent sidewalks and parking strips.

RECEIVING WATER: Any water of the State of Nebraska, including any and all surface waters that are contained in or flow in or through the State of Nebraska, all watercourses, even if they are usually dry, irrigation ditches that receive municipal stormwater, and storm sewer systems owned by other entities.

REDEVELOPMENT: Any construction, alteration or improvement performed on a previously developed site.

SEDIMENT: Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.

SEDIMENT CONTROL: Measures that prevent eroded sediment from leaving the site.

SEVENTIETH (70TH) PERCENTILE RAIN EVENT: A rainfall storm event equivalent to a depth of rainfall which is not exceeded in seventy (70) percent of the historic runoff producing rainfall events. The depth of rainfall to be used shall be that which is identified in the Post Construction Stormwater Management Plan (PCSMP). The depth of rainfall is used in hydrologic calculations to determine the water quality volume or rate of discharge to be controlled for.

SITE: The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

SPILL: A release of solid or liquid material, which may cause pollution of the MS4 or waters of the State.

STABILIZATION: The use of practices that prevent exposed soil from eroding.

STORMWATER: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A document which describes the Best Management Practices and activities to be implemented by a person during the construction activities, which identifies sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters.

STORMWATER TREATMENT FACILITIES (STFS): Permanent Best Management Practices (BMPs) put in place to provide control and treatment of stormwater runoff after construction for land development is complete. These facilities are physical in nature and sometimes referred to as "Structural" BMPs.

SUBDIVISION DEVELOPMENT: Includes activities associated with the platting of any parcel of land into two or more lots and all construction activity taking place thereon.

UTILITY AGENCY/CONTRACTOR: Private utility companies, public utility departments, or other utility providers contractors working for such private utility companies, or public entity utility departments, or other utility providers engaged in the construction or maintenance of utility lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.

WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

WATERCOURSE: A natural or artificial channel through which water can flow.

WATERS OF THE STATE: Any and all surface and subsurface waters that are contained in or flow in or through the State of Nebraska. The definition includes all watercourses, even if they are usually dry.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

The standards set forth herein and promulgated pursuant to this Article are minimum standards that shall apply to all construction activities which require an approval according to Section 9-1606 of this Article. Compliance with this Article does not act as a waiver or defense to any person for operating a construction site in a manner that allows or causes stormwater contamination, pollution, or unauthorized discharge of pollutants. The owner and operator of any approved construction activity shall be responsible for ensuring all activity; including the actions of all contractors, subcontractors, trade professionals, delivery personnel and others present at a construction site; are in compliance with all requirements of this Article. An owner shall be responsible for notifying the City when any transfer of ownership and liability under this Article occurs.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

The City shall administer, implement, and enforce the provisions of this Article. Any powers granted or duties imposed upon the City may be delegated by the Mayor or City Manager to persons or entities acting in the beneficial interest of or in the employ of the City.

(Ord. No. 7573, 2-23-2010)

The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Article.

(Ord. No. 7573, 2-23-2010)

A.

This Article shall be applicable to all construction activity and land developments requiring; including, but not limited to site plan applications, subdivision applications, building applications, and right-of-way applications from the City, unless exempt pursuant to Paragraph B of this Section below. These provisions apply to all portions of any common plan of development or sale which would cause the disturbance of at least one acre of soil even though multiple, separate and distinct land development activities may take place at different times on different schedules.

B.

The following activities are exempt from this Article:

(1)

Any emergency activity that is necessary for the immediate protection of life, property, or natural resources; and

(2)

Construction activity that provides maintenance and repairs performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.

(Ord. No. 7573, 2-23-2010)

A.

Except as provided in Article 15 entitled "City of Kearney Illicit Discharge Detection and Elimination Code" of Chapter 9 of the City Code, it is unlawful for any person to discharge non-stormwater into the City MS4.

B.

It is unlawful for any person or representative at a construction site to cause or allow to be caused the impact, damage and/or removal of any approved stormwater pollution control measure without the owner's knowledge and consent.

C.

Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination or degradation of waters of the State.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

A.

Except for construction activity relating to the Building Phase of Development, the City shall require proof of coverage by a NDEE general permit authorization for Stormwater Discharges from Construction Sites before providing approval for construction activity covered in Section 9-1606 of this Article.

B.

A pre-construction meeting shall be scheduled with an appointed official with the City to review the installation of all temporary erosion and sediment control BMPs included on the approved erosion and sediment control plan at least two (2) business days before any construction activities are scheduled to start.

C.

Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of BMPs. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Uncontained waste that may blow, wash or otherwise be released from the site is prohibited. Sanitary waste facilities shall be provided and maintained in a secured manner.

D.

Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or equipment containing such materials or used in transporting or applying ready-mixed concrete, shall not be allowed to discharge from any construction site.

E.

Cover or perimeter control shall be applied within fourteen (14) days to any soil stockpiles, which will remain undisturbed for longer than thirty (30) calendar days.

F.

Disturbed soil shall be managed with BMPs that are adequately designed, installed, and maintained according to locally-approved technical standards, specifications and guidance for the duration of the construction activity to minimize erosion and contain sediment within the construction limits.

G.

Sediment tracked or discharged onto public right-of-way shall be removed immediately.

H.

Bulk storage structures for petroleum products and other chemicals shall have adequate protection to contain all spills and prevent any spilled material from entering the MS4 or waters of the State.

I.

Temporary BMPs shall be removed and disturbed areas shall be stabilized with permanent BMPs at the conclusion of all approved construction activity.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017; Ord. No. 8471, § 5, 3-9-2021)

Any person who engages in construction activity is responsible for compliance with this Article and all applicable terms and conditions of the approved construction activity and SWPPP as it relates to the building phase of development. The following information shall be included with the application for a building permit and be submitted to the Chief Building Official:

A.

Either the legal description and NPDES permit number for the Larger Common Plan of Development; OR

B.

The location of the property where the building phase of development is to occur; AND

C.

A certification that the building phase of development for the property described on the application for a building permit will be conducted in conformance with this Article and the Construction Activity SWPPP.

(Ord. No. 7573, 2-23-2010)

A.

A SWPPP shall be prepared and updated in accordance with locally-approved technical standards, specification, and guidance for construction activity within the City and shall include an erosion and sediment control plan for land disturbance.

B.

The SWPPP shall include a description of all potential pollution sources, temporary and permanent BMPs that will be implemented at the site as approved by the City.

C.

The erosion and sediment control plan shall be submitted to the City for review with any application covered in Section 9-1606 of this Article.

D.

Land disturbing activities may not proceed until approval of the erosion and sediment control plan is provided by the City.

E.

The owner or operator is required to have a copy of the SWPPP readily available for review with content that reflects the current condition of the construction activity and all records that demonstrate compliance and are required by this Article.

F.

The SWPPP shall include a description of routine site inspections.

(1)

The owner or their representative shall inspect all BMPs at intervals of no greater than fourteen (14) calendar days and within twenty-four (24) hours after any precipitation event of at least one half (1/2) inch.

(2)

Inspections of BMPs shall be conducted by an individual who person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any erosion and sediment control measures selected to control the quality of stormwater discharges from the construction activity.

(3)

Inspection reports shall provide the name and qualification of the inspector, date of the evaluation, risks to stormwater quality identified, and all corrective actions necessary to prevent stormwater pollution.

(4)

The owner or operator of a construction activity may be requested to submit copies of inspection reports for review on a periodic basis by the City.

G.

Based on inspections performed by the owner, operator, authorized City personnel, State or Federal regulators modifications to the SWPPP will be necessary if at any time the specified BMPs do not meet the objectives of this Article. In this case, the owner shall meet with an appointed official of the City to determine the appropriate modifications. All required modifications shall be completed within seven (7) calendar days of receiving notice of inspection findings, and shall be recorded in the SWPPP.

H.

The owner or operator of a construction site shall be responsible for amending the SWPPP whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWPPP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with land disturbance.

I.

Records of inspection are to be maintained with the SWPPP for the life of the project. Inspection records are to be available to City inspectors upon request. Delay in providing a copy of the SWPPP or any requested records shall constitute a violation of this Article.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

A.

Utility agencies or their representatives shall develop and implement BMPs to prevent the discharge of pollutants on any site of utility construction within the City. The City may require additional BMPs on utility construction activity. If the utility construction disturbs greater than one (1) acre, the utility agency must comply with the requirements of Section 9-1616 and Section 9-1617 of this Article.

B.

Utility agencies or their representatives shall implement BMPs to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site exits shall be managed to prevent sediment tracking. Sediment tracked onto public right-of-way shall be removed immediately.

C.

Prior to entering a construction site or subdivision development, utility agencies or their representatives shall obtain and comply with any approved erosion and sediment control plans for the project. Any impact to construction and post-construction BMPs resulting from utility construction shall be evaluated prior to disturbance by the developer and utility company. Repairs to the disturbed BMPs must be completed within forty-eight (48) hours, by individuals agreed upon during the design phase or at a preconstruction meeting.

(Ord. No. 7573, 2-23-2010)

A.

Land development that meets the requirements of Section 9-1606 of this Article must address stormwater runoff quality through the use of permanent BMPs. Permanent BMPs shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan.

B.

Structural BMPs located on private property shall be owned and operated by the owner(s) of the property on which the STF is located; unless the City agrees in writing that a person or entity other than the owner shall own or operate such STF. As a condition of approval of the STF, the owner shall also agree to maintain the STF in perpetuity to its design capacity unless or until the City shall relieve the property owner of that responsibility in writing. The obligation to maintain the STF shall be memorialized on the subdivision plat, annexation plat, development agreement, subdivision agreement or other form acceptable to the City and shall be recorded with the City of Kearney Public Works Department.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

Upon completion of a project, and before a Certificate of Occupancy shall be granted, the City shall be provided a written certification stating that the completed project is in compliance with the approved Final Drainage Plan. All applicants are required to submit "as built" plans for any permanent BMPs once final construction is completed and must be certified by a professional engineer licensed in the State of Nebraska. A final inspection by the City, or City appointed personnel, of all post-construction STFs shall be required before a Certificate of Occupancy will be issued or any public infrastructure is accepted.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

A.

The owner of site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, execute an inspection and maintenance agreement, that shall be binding on all subsequent owners of the permanent BMPs.

B.

Permanent BMPs included in a Final Drainage Plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this Article.

C.

If the owner, or responsible party, shall fail, neglect, or refuse to perform maintenance, as acknowledged in the maintenance agreement, within five (5) days after receipt of notice, or request a hearing with the City, the City may have such work done. The costs and expenses of any such work shall be paid by the owner.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017; Ord. No. 8471, § 6, 3-9-2021)

Implementation for the following timeline will be after August 31, 2017:

A.

Proposed Redevelopment: (Applies to lands which have been platted and previously built upon) Stormwater Treatment Facilities must be accounted for on any proposed redevelopment project if it has not already submitted a complete preliminary plat or building permit for approval. Proposed redevelopment projects that are exempt from treatment are those that have already submitted a complete plat, preliminary plat or building permit for approval. Any non-exempt projects must account for a seventieth (70th) Percentile Rain Event.

B.

Proposed New Development: (Applies to lands which are being platted for development or have been platted but have not previously been built upon) Stormwater Treatment Facilities must be accounted for on any proposed new development project that has not already submitted a complete preliminary plat or building permit for approval. Proposed new development projects that are exempt from treatment are those that have already submitted a complete final plat, preliminary plat or building permit for approval. Any non-exempt projects must account for an eightieth (80th) Percentile Rain Event.

(Ord. No. 8131, 3-14-2017)

All BMPs designed to meet the requirements of this Article shall reference the appropriate technical standards, specifications and guidance as follows:

A.

City Standards and Specifications for Construction.

B.

Nebraska Department of Roads Drainage Design and Erosion Control Standards, Specifications and Guidance.

C.

Any other alternative methodology approved by the City of Kearney Engineering Department, which is demonstrated to be effective.

D.

Further description of the Post-Construction Stormwater Management Program can be found at the City of Kearney Public Works Department.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

The City will consider information from the public as it pertains to the implementation and enforcement of this Article.

(Ord. No. 7573, 2-23-2010)

The City shall designate appointed personnel with authority to conduct inspections, issue notices of violations and implement other enforcement actions under this Article as provided by the City.

(Ord. No. 7573, 2-23-2010)

Whenever the City has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Article, the owner or operator shall provide access to the premises at any reasonable time to determine if there exists an actual or potential violation requirements of this Article. In the event that the owner or occupant refuses entry after a request to enter has been made, the City is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

The City shall have the right to employ such devices and undertake such an inspection, on or off premises, as are necessary to determine whether the requirements of this Article are met. The inspection may include, but is not limited to the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing staff on alleged violations, and access to any and all facilities or areas within the premises that may have any effect on the discharge.

(Ord. No. 7573, 2-23-2010)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. Any person who violates any of the provisions of this Article, shall be subject to one or more of the enforcement actions outlined in this Section. Any violation or threatened violation may be restrained by injunction or otherwise abated in a manner provided by law.

In the event the violation constitutes an immediate danger to public health or public safety, the City representative is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of abatement as outlined below in Section 9-1643 F of this Article.

A.

Compliance Directive. In addition to any other remedy available to the City, City inspectors may issue compliance directives at the time of inspection to require a person to implement actions that will correct any violation of this Article.

B.

Notice of Violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

(1)

The performance of monitoring, analyses, and reporting;

(2)

The elimination of illicit connections or discharges;

(3)

That violating discharges, practices, or operations shall cease and desist;

(4)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5)

Payment of a fine to cover administrative and remediation costs; and

(6)

The implementation of source control or treatment BMPs.

If abatement of a violation or the restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to complete the remediation or restoration within the established deadline, the work may be done by the authorized enforcement agency or its designee and the expense thereof shall be charged to the violator.

C.

Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within ten (10) days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or its designee shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.

D.

Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten (10) days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency and its designees are authorized to enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated agent to enter upon the premises for the purposes set forth above.

E.

Stop Work Order. Whenever the City determines that any activity is occurring which is not in compliance with the requirements of this Article, the City may order such activity stopped upon service of written notice upon the owner and/or operator responsible for or conducting such activity. Such owner and/or operator shall immediately stop all activity until authorized in writing by the City to proceed. If the appropriate owner and/or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring. The notice shall state the nature of the violation. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the City. It shall be unlawful for any owner and/or operator to fail to comply with a stop work order.

F.

Cost of Abatement of the Violation. If the authorized enforcement agency abates a violation, then within ten (10) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. Such notice shall be given by personal delivery or by mail to the last known address of the owner as shown in the records of the County Assessor. Such notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within ten (10) days of the effective date of the notice. If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal, and such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. In the event a protest is filed, a hearing on such protest shall be held before the appropriate authority or its designee within fifteen (15) days from the date of receipt of the written protest. If any charges are upheld upon completion of such hearing, then such charges shall become due and payable ten (10) days after the issuance of the order upon such protest and if not timely paid, such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Such charges may also be recovered in a civil action against the owner or other person in control of the premises for which such charges were incurred, and any person violating any of the provisions of this Article shall be liable to the City for all costs, fees, charges and expenses, including but not limited to administrative costs and legal fees and costs, by reason of such violation.

G.

Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in the Notice of Violation or otherwise fails to cure the violations described therein within ten (10) days after the City has taken the actions described above, the City may impose a penalty not to exceed one thousand dollars ($1,000), depending on the severity of the violation, for each day the violation remains unremedied after the receipt of the Notice of Violation.

H.

Criminal Penalties; Enforcement Costs. Any person who violates any provision of this Article shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of up to one thousand dollars ($1,000) per violation per day and/or imprisonment for a period of time not to exceed one (1) year.

The City may recover all attorneys' fees court costs and other expenses associated with enforcement of this Article, including sampling and monitoring expenses.

I.

Injunctive Relief. The authorized enforcement agency may petition for a preliminary or permanent injunction restraining any person from undertaking any activities which would result in a violation or continued violation of this Article, and may seek mandatory injunctive relief compelling the person to perform abatement or remediation of any violation of this Article.

J.

Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, or may be subject of a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.

K.

Remedies Not Exclusive. Except as expressly provided above, the remedies in this Section are cumulative and the exercise of any one (1) or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this Article. The remedies listed in this Article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

(Ord. No. 7573, 2-23-2010; Ord. No. 8131, 3-14-2017)

Any person who violates a prohibition or fails to meet a requirement of this Article will be subject, without prior notice, to one (1) or more of the enforcement actions identified Section 9-1643 of this Article, when attempts to contact the person have failed and the enforcement actions are necessary to stop an actual or potential discharge which presents or may present imminent danger to the environment, or to the health or welfare of persons, or to the MS4.

(Ord. No. 7573, 2-23-2010)

Notwithstanding any other remedies or procedures available to the City, if any person discharges into the MS4 in a manner that is contrary to the provisions of this Article, the City Attorney may commence an action for appropriate legal and equitable relief including damages and costs in the County Court. The City Attorney may seek a preliminary or permanent injunction or both which restrains or compels the activities on the part of the discharger.

(Ord. No. 7573, 2-23-2010)