HomeMy WebLinkAbout1940-05 06-18 CCO qqD "DS
ORDINANCE N0. 23
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Regulating the erection, construction, enlargement, alteration, repair,
moving, removal, demolition, conversion, occupancy, equipment, height and
maintenance of buildings and -or structures in the Village of Brooklyn
Center, Minnesota; providing for the issuance of permits and collection
of fees therefor; providing penalties for the violation thereof, and
repealing certain ordinances and -or parts of ordinances in conflict there-
, with.
The Village Council of Brooklyn Center do ordain as follows:
PART I
ADMINISTRATIVE
Chapter 1. Title and Scope.
Section 1. TITLE. This ordinance shall be known as the "Building Code of
the Village of Brooklyn Center, Minnesota," and may be cited as such and will
be referred to in this ordinance as "this Code."
Section 2. PURPOSE. The purpose of this Code is to establish certain min-
, imum standards and requirements for safe and stable design, methods of con -
struction and uses of materials in buildings and -or structures hereafter
erected, constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished and to regulate the equipment, maintenance and occupancy
of all buildings and -or structures within the limits of the Village of
Brooklyn Center, for the purpose of promoting and safeguarding the Public
Health, Safety, Convenience, Prosperity and General Welfare in said Village
and for the protection of property from fire; and prescribing the powers and
duties of the ,Building Inspector.
The provisions of the Code shall be deemed to supplement any and all
state laws of the State of Minnesota relating to buildings.
The provisions of this Code shall not apply to accessory farm buildings
such as barns, implement sheds, storage buildings, animal shelters and silos,
except that permits for such structures shall be required.
For the purposes of this Code a farm is defined as a plot of ground not
less than five (5) acres in area from which the owner, occupant, or lessee
derives all or a substantial part of his income by agticultural pursuits.
Section 3. SCOPE. New buildings and -or structures hereafter erected in the
Village of Brooklyn Center, Minnesota, together with vaults, areas, alley or
street encroachments shall conform to all requirements of this Code.
Additions, alterations and repairs in all buildings shall comply with
the requirements specified in this Gode.
Section 4. APPLICATION TO EXISTING BUILDINGS. The following specified
requirements shall apply to existing buildings which do not conform to the
requirements of this Code for new buildings:
(a) Major Alterations and Repairs. If alterations and -or repairs in
excess of fifty'(50) percent of the sound value of an existing building are
required in an existing building or made to an existing building at any one
time within a period of twelve months, the entire building shall be made to
conform with the requirements of this Code for new buildings or shall be
entirely demolished.
(b) Changed Use. If the existing use or occupancy of an existing
building is changed to a use or occupancy which would not be permitted in a
similar building hereafter erected, the entire building shall be made to
conform with the requirements given herein for new buildings: provided,
however, that if the use of occupancy of only a portion or portions of an
existing building is changed and such portion or portions are segregated
as specified in this Code then only such portion or portions of the building
need be made to comply with said requirements.
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(c) Additions. Any existing building not regulated by the preceding
paragraphs (a) and (b) which has its floor area or its number of stories or
height increased, or its use or occupancy changed in any may from its former
or existing use or occupancy, shall be provided with stairways, emergency
exists and fire protection facilities as specified in this Code for buildings
hereafter erected for similar use or occupancy.
(d) Minor Alterations and Repairs. Every alteration or repair to any
structural part or portion of an existing building shall, when deemed necessary
in the opinion of the Building Inspector, be made to conform to the requirements
of this Code for new buildings. Minor alterations, repairs and changes not
covered by the preceding paragraphs (a), (b) and (c) may be made with the
same materials of which the building is constructed; provided, that not more '
than twenty -five (25) percent of the roof covering of any building shall be _
replaced in any period of twelve (12) months unless the entire roof covering
is made to conform with the requirements of this Code for new buildings.
Section 5. MAINTENANCE. The requirements contained in this Code covering the
maintenance of buildings shall apply to all buildings and -or structures now
existing or hereafter erected. All buildings and -or structures and all parts
thereof shall be maintained in a safe condition and,all devices or safeguards
which are required by this Code at the time of erection, alteration or repair
of any building shall be maintained in good working order.
This section shall not be construed as permitting the removal or non-
` maintenance of any existing device or safeguard unless authorized in writing by
the Building Inspector.
Chapter 2. General Provisions.
Section 6. APPLICATION FOR PERMIT. It shall be unlawful to erect or construct
any building or structure, or add to, enlarge, move, improve, repair, alter,
convert, extend or demolish any building or structure or cause the same to be
done without first obtaining a permit therefor from the Building.Inspector.
For the purpose of this Code the construction of a building shall be
considered as having commenced upon the date when the excavation is started, or
if there is no excavation, upon the date when the first work is performed upon
either the foundation or superstructure. ,
Any person desiring a permit as required by this Code shall file with the
Building Inspector an application therefor in- writing on a blank form to be
furnished for that purpose.
Every such application for a permit shall describe the land upon which the
proposed building or work is to be done, either by lot, block and -or tract or
similar description that will readily identify the site and definitely locate
the proposed building or work. The Building Inspector may at his option require
a survey of the lot upon which the proposed building or work is to be done
which survey shall be prepared and attested by a registered surveyor; said
survey shall indicate the dimensions of the property, and shall definitely
establish the location of all buildings on the property, if any, and of all
lot lines by means of iron monuments firmly embedded in the ground, or other-
wise, as the Building Inspector may require.
Every such application shall ,show the proposed use or occupancy of all
parts of the building and such other reasonable information as may be required
by the Building Inspector. -
Copies of plans and specifications and a plot plan by a registered surveyor
showing the location of the proposed building the locations and dimensions of
every existing building which is to remain thereon, shall accompany every
application for a permit and shall be filed in duplicate with the Building
Inspector; provided, however, that the Building Inspector may authorize the
issuance of a permit without plans, specifications or plot plan for small or
unimportant work or for work where plans, specifications and -or lot plan are
obviously unnecessary.
Plans shall be drawn to scale upon substantial paper or eloth, or they may
be blue prints or other prints, and the essential parts shall be drawn to a
-scale of not less than one - eighth (1 -8) inch to one foot, excepting the lot
plan.
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Plans and specifications shall be sufficient in number and sufficiently
clear to illustrate the nature and character of the work proposed and to
show that the law will be complied with. Engineering and other data
necessary to show conformity to the provisions of this Code shall accompany
the plans and specifications when so required by the Building Inspector.
Any specifications in which general expressions are used to the
effect that "work shall be done in accordance with the Building Code," or
"to the satisfaction of the Building Inspector" shall be deemed imperfect
and incomplete and every reference to this Code shall be to the section or
subsection applicable to the material to be used or to the methods of
III construction proposed.
All plans shall bear the name of the owner, architect, structural
engineer or designer.
Nothing in this Section shall prohibit the filing of amendments to an
application or to a plan or other record accompanying the application at
any time before the completion of the work for which the permit was sought.
Such amendments, after approval, shall be filed with and be deemed a part
of the original application, and fees for such amendments shall be required
upon the same basis as for the original permit.
.Section 7. PERMITS. The application, plans and specifications filed by
an applicant for a permit shall be checked by the Building Inspector and if
found to be in conformity with the requirements of this Code, the zoning
ordinance of Brooklyn Center and all other laws and -or ordinances applicable
thereto, the Building Inspector shall, upon receipt of the required fee,
issue a permit therefor, within a reasonable time together with a suitable
card showing that permit has been issued, to be placed in'evidenee on the
property.
When the Building Inspector issues the permit he shall endorse in
writing or stamp both sets of plans and specifications "approved ". One
such approved set of plans and specifications shall be retained by the
Building Inspector as a public record, and one such approved set of plans
III and specifications shall be returned to the applicant, which set shall be"
kept on such building or work at all times during which the work authorized
thereby is in progress and shall be open to inspection-by public officials.
Such approved plans and speoifications shall not be changed, modified
or altered without authorization from the Building Inspector, and all work
shall be done in accordance therewith.
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Nothing in this Section shall be construed to prevent the Building
Inspector from approving and issuing a permit for the construction of part
of a building or structure, if adequate plans and detailed statements have
been presented for the same and have been found to comply with the require-
ments of this Code.
Section 8. PERMIT REQUIRED. No wall, structure, building or part thereof,
shall hereafter be built, enlarged, or altered until a plan of the proposed
work, together with a statement of the material to be used, shall have been
submitted to the Building Inspector, who shall issue a permit for the
proposed construction, if in accordance with the provision herein contained.
Permit shall be required for all structures or buildings. Said permit to
be issued without charge provided the cost of the building does not exceed
$50. No permit shall be required for structures or improvements under
$50.00.
Structures hereafter erected not in conformity with this ordinance,
III shall be removed.
No building shall be moved until a permit has been obtained from the
Building Inspector; and he shall not issue such permit if in his judgment the
proposed new location of the building would seriously increase the fire
hazard of the surrounding territory or be detrimental to sanitary conditions.
Under no conditions shall any building be started until formal
application has been made to the Building Inspector, or in his absence any
member of the Village Council at least forty -eight (48) hours before work
is contemplated to be started, and permit duly granted. All permits issued
shall expire ninety (90) days after the date thereof, and unless the work
contemplated and authorized thereby is in actual progress, all fees to bed"
forfeited. .
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All construction authorized by a building permit issued under this Code
,,shall be completed within one year of the date thereof. Structures with building
paper or unpainted wooden exterior walls shall not be considered as completed
within the meaning of this Code.
If work is commenced upon any building or structure requiring a permit
under this Code prior to having obtained the required permit therefor, the fees
for such permit if and when issued, shall be double the amounts required by
Section 9.
Section 9. FEES. The applicant for a building permit for a dwelling hereunder
shall pay to the village of Brooklyn Center as fees for the expense of inspec-
tion and examination of the building, plans and specifications a minimum
fee of $.75 per 100 square ft. outside dimension for dwellings, and $1.50 for
all aocessory buildings. A $25.00 cleanup deposit may be collected at the
discretion of the Building Inspector, which will be refunded all or in part when
improvements are completed and all rubbish and unsightly material removed.
Section 10. REPAIRING BUILDINGS. Any existing frame building which may here-
after be damaged by fire, decay or otherwise to an amount greater than one -half
of its present value, exclusive of the foundation, shall not be repaired or
rebuilt, but shall be removed. Any other building which, due to age, deteri-
oration, fire or any other cause, becomes so unsafe as to endanger the public
or its occupants in any manner, or other structure, shall not be rebuilt or
repaired unless the Building Inspector in his judgment thinks it can be done so
as to become safe for further occupancy. When any such condition of any building
is called to the attention of the Building Inspector, he shall affix a notice
of this dangerous condition thereto which 'notice shall not be removed until the
condition is remedied. Removal of any such notice shall constitute a violation
of this ordinance.
Section 11. LIVING UNIT. (a) Each living unit shall provide not less than
three (3) habitable rooms and one bathroom, of which one habitable room shall
be designed for living use and shall have a floor area of not less than one .
hundred and fifty (150) square feet. This room, referred to as the "Living
Room ", may have a floor area of less than one hundred and fifty (150) square
feet provided that it is connected with another room or rooms by an opening •
or openings having a total width of not less than fifty percent (5O3) of the
total width of the common wall or walls in which the opening or openings occur
(the width of each opening shall in no case be less than five (5) feet), and
the total of the floor areas of all the rooms so connected is not less than
two hundred and twenty (220) square feet, and that all of the rooms, so
connected, be considered together as the "Living Room."
(b) Each of the other habitable rooms shall have a floor area of not less -
than ninety (90) square feet except that a kitchen may have a floor area of
not less than sixty (60) square feet.
(c) No habitable roam except a kitchen shall be in any part less than
seven (7) feet wide.
(d) Where facilities for the storage or preparation of food are located
in a room other than a kitchen, the area of such rooms shall be increased
beyond the above stated minimum requirements by an area equal to that occupied
by such facilities.
(e) The bathroom shall be of adequate size and shall be properly planned
to accommodate a water closet, unless in a separate compartment; lavatory, and
either a tub or shower.
Section 12. WINDOWS. (a) The total glass area of required windows in any
habitable roam shall not be less than ten percent (10%) of the floor area of
the room.
(b) One -half of the area of windows opening upon an open porch may be
used in figuring the required glass in the room in which they occur.
(o) The total area of the ventilating portions of required windows in any
habitable room shall he not less than four percent (4 %) of the floor area of the
room, except where mechanical air change is provided.
Section 13. VENTILATION OF BATHROOMS AND WATER CLOSET COMPARTMENTS. (a)
Bathrooms and water closet compartments shall be provided with ventilation by
one of the following moans:
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(1) A window in an exterior wall facing a street, alley, yard, or outer
court, and having a glass and ventilating area of not less than six (6) square
feet.
(2) A window facing an airshaft having a minimum dimension of three
(3) feet, and having a glass and ventilating area of not less thail six (6)
square feet.
(3) A vent duct or ducts which have two (2) square inches of duct
area for each square foot of floor area, with a minimum total area of forty -
eight (48) square inches and a least dimension of three and one -half (3*)
inches. The vent register or grille to the duct shall be located in or
next to the ceiling of the ventilated space. A separate duct from each
such space shall run to the roof and shall be provided with a louvred
vent stack or capped with a device for exhausting air, operated by means
of a motor, the wind, or by gravity, and providing not less than ten (10)
air changes per hour.
-(4) A skylight or skylights, the construction of which shall provide
ventilation to the outside air equal to that required in (3) above.
(5) A mechanical means of air change which in the judgment of the
Building Inspector is equivalent to the above.
Section 14. VENTILATION OF BASEMENT, LAUNDRY AND UTILITY ROOMS. Laundries,
recreation rooms and other rooms located in basements or above that level
shall, be adequately lighted and ventilated by windows or doors in exterior
walls having a glazed area of not less than two percent (2%) of the floor,
area, and an open area of not less than two percent (2 %) of the floor area.
Section 15. PRIVACY. (a) Each door opening which provides entrance to a
bedroom or a bathroom or toilet compartment shall be provided with a door.
(b) Access from bedroom to an only bathroom or water closet compart-
ment shall not be solely through another room.
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Section 16. CEILING HEIGHTS. The minimum oeiling height in any room shall
be seven and one -half (72 feet, excepting under sloping rooms where the
minimum shall be seven and one -half (7*) feet for not less than fifty per -
cent (50°7) of the floor area.
Section 17. COMPLIANCE WITH LAWS. The minimum standards and requirements
as outlined in the Minnesota Plumbing Code, adopted 1933, and as amended
1934, shall apply in all cases.
Section 18. PLUMFING FIXTURES (a) Each living unit shall be provided with
the following plumbing fixtures;
(1) A kitchen sink, properly located to facilitate food preparation,
cooking and dishwashing. � ^
(2) A water closet, located either in the bathroom or in a separate
toilet compartment.
(3) A bathtub or shower, located in a bathroom or other equivalently
ventilated space.
(4) A lavatory readily accessible to all rooms.
(b) Each of the plumbing fixtures shall be permanently installed and
connected to a water supply and disposal system.
Section 19, MATER SUPPLY. (a) In all eases where public water mains are
readily available, connection shall be made thereto. -
(b) The type, construction and location of wells shall be in accordance
with recommendations of the Minnesota State Board of Health as outlined in
their bulletin `Mater Supplies and Sewerage Systems for Country Homes,"
issued 1935.
Section 20. SEWAGE DISPOSAL. In all cases where public sewer lines lie
within Village limits, connections shall be made thereto.
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Section 21. SEWAGE DISPOSAL SYSTEMS. (a) The type, construction and location
of septic tank and tile disposal field shall be in accordance with the recom-
mendations of the Minnesota State Board of Health as outlined in their bulletin
"Water Supplies and Sewerage Systems for Country Homes," issued 1939.
(b) The effluent from a septic tank must discharge into an approved absorp-
tion field or sewer line. It shall never be discharged directly into stream,
open ditch, lake, or storm drain.
Section 22. DRAWINGS AND SPECIFICATIONS. Drawings and specifications shall be
accurate and sufficiently complete to set forth and describe the intended
physical improvements and the quality, sizes and grade of material and workman-
ship to be incorporated in the improvements.
(c) In general, two sets of drawings and specifications should be
submitted which shall include:
(1) Plot plan showing lot sizes, easements, if any, location ofell build-
ings, walks and drives.
(2) Floor plans, including basement or foundation plans.
(3) Exterior elevations of,the front, rear,,,+ and sides, showing openings
and sizes, wall finishes, flashing, present and finish'grades, depth of foot-
ings, finish floor and ceiling heights.
(4) Details, sufficiently complete to indicate clearly the extent of the
work, its design and construction. A section is usually advisable. However,
if standard details are to be used, they may be described in the specifications.
(5) Specifications shall include a description of the quality, kind and
grade of all materials, equipment, construction and workmanship.
(6) The degree of detail which shall be contained in the drawings and
specifications will be controlled to a great extent by the nature of the con -
templated building. Large, complicated structures will require more detailed
1 drawings; simple and straightforward structures will require less. ,
(7) For small dwellings of simpel construction and of simple straight-
forward plan drawings may consist of plot plan, floor plan, foundation plan,
two elevations and sections through exterior walls from bottom of footings
to roof. The specifications may be eliminated in`such dwellings at,the
discretion of the Building Inspector, provided the drawings are inscribed with
sufficient notes to determine the kind, sizes and quality of all material
equipment, and workmanship to be incorporated in the improvements.
Section 23. ROOFS. Roofs of all dwellings and all buildings not exceeding
three stories or thirty -five (35) feet in height, or 3,500 square feet in area,
and not used for factories, warehouses or mercantile purposes,, may be covered
with composition shingles or ready roofings of a grade,ranking not lower than
Underwriters' Laboratories Class C, or with approved built up roofing, or with
vertical or edgegrain wood shingles or asbestos or slate. Composition shingles
or ready roofing shall be 1-aid so that there is not less than two thicknesses
at any point. Approved rolled roofing if and when used to be laid in accordance
with manufacturer's recommendations. The thickness of five wood shingles
measured at the butt shall be not less than two inches (American Lumber Standard);
the maximum exposure of wood shingles to the weather shall be:
On roofs greater ) 16 inch shingles 5"
than one -third ) 18 inch shingle 5
Pitch ) 24 inch shingles 72"
On roofs with less ) 16 inch shingles 4" a "
than one -third pitch ) 18 inch shingles 4 1tt
but not less than ) 24 inch shingles 62"
one- quarter )
Roofs of all other buildings shall be covered with hard incombustible
materials of standard quality, such as brick, concrete, tile, slate, metal or
asbestos cement shingles or built up roofing with,gravel, slag or other
incombustible surface or other roofings of like grade ranking not lower than
Underwriters' Laboratories Class B. A double thickness layer of approved
felt, weighing not less than thirty (30) pounds per square „shall be placed •
between metal roofing and roof deck.
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All roof coverings shall be firmly secured to the roof deck with non,
corrodible and rust - resistive nails or materials according to standard
practice.
Section 24. SUBDIVISION OF LAND. Any owner, trustee or attorney -in -fact
desiring to subdivide a piece of land, in the village, shall submit to the
recorder preliminary sketches or blue prints in triplicate with the
following information:
(a) Location and Legal description.
Illt (b) Proposed name of the subdivision.
(c) Name of owner, trustee, or attorney -in -fact.
(d) Name of Mortgagor, if any.
(e) Name of surveyor and his state Registration Number, if any.
This preliminary sketch shall show:
(f) Size and number of lots and tentative numbering.
(g) Size and number of blocks with tentative numbering.
(h) Width of streets.
(i) Tentative names of streets.
(j) Width of alleys or easements for public purposes.
(k) All platting surrounding the land in question for 150 feet and and
other essential facts.
(1) Public areas proposed for parks, public squares and playgrounds.
(m) Easements, such as roads, pole lines, drainage ditches and
transportation routes.
(n) Whether land is Registered Property or Abstract Property, or both.
(o) Draft of proposed deed restrictions.
(p) Swamp land, low wet land or natural water channels.
(q) Date, north point and scale.
Mandatory provisions:
(1) All alleys shall be not less than 16 feet in width.
(2) Streets must conform to any County thoroughfare plan, to the plan
of any City, Township or Village or State Highway Plans, and shall be not
less than 60 feet in width and streets and alleys must be continuous and
match with streets and alleys in adjoining plats if at all practicable and
there must be a half street dedicated along the boundary.
(3) Where a railroad right -of -way traverses the land to be plated a
street shall be laid out parallel to and adjoining the right -of -way, of said
railroad on each side of said right -of -way, the width to be determined by
the council. No street dedications will be accepted which requires a
crossing of a railroad unless sufficient land is dedicated to provide for
approaches sufficient for a grade crossing.
BROOKLYN -- FOUR
Section 25. JOISTS. All dwellings hereafter erected shall have first
floor joists of 2 by 8 or better. Second floor joists shall have 2 by 6
or better. All joists studdings rafters to be 16 in. 0.C.
Section 26. FOUNDATION. All dwellings shall have at least 8 by 12 footings
and '12 in. concrete blocks, or its equivalent.
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Section 27. CHIMNEYS FOR LON TEMPERATURE APPLIANCES. The walls of chimneys
used for stoves, ranges, fireplaces, heating furnaces or other heating
appliances, whether the fuel used be wood, coal, oil or gas, shall be'built
of brick, concrete, stone or hollow tile of such thickness and construction
as is hereafter specified. All chimneys, irrespective of which materials the
walls are built, shall be lined with fire clay flue lining or with fire
brick. The lining shall be made for the purpose and adapted to withstand
the temperatures and the resultant gases from burning fuel.
Solid brick or concrete chimney walls shall be not less than four (4)
inches thick, exclusive of flue linings. A standard size brick laid flat -
wise shall be deemed to fulfill this requirement for brick. Stone and
hollow tile chimneys shall be at least four (4) inches thicker than required
for corresponding brick chimneys; and shall have flue linings of not less
than 8" the same as for brick chimneys. Hollow tile may be used only where
the chimney is part of an exterior the wall.
The galls of brick buildings, or of tile buildings not over 22 stories
high, may form a part of the chimney, but the side walls of to chimney shall
be securely bonded into the walls of the building. No wall less than twelve
(12) inches thick, shall be used to support a corbeled chimney. Such corbe-
ling shall not project more than six (6) inches from the face of the wall,
and in all oases the corbeling shall consist of at least five courses of
__brink. No chimney shall 'be corbeled from a hollow tile wall. Chimneys shall
be built upon concrete or masonry foundations properly proportioned to carry
the weight imposed without danger of settlement or cracking. Foundations
shall be at least twelve (12) inches wider than the chimney on all sides.
The foundation of an exterior chimney shall start below the frost line. The
frame buildings' chimneys shall always be built from the ground up or rest
upon basement walls.
Chimneys shall not rest upon wooden floors, beams or brackets, or be
hung from wooden rafters. Iron brackets or stirrups attached to wooden con-
struction shall not be used to support chimneys. No wooden beams, joists,
or rafters shall be placed within two inches of the outside face of a chimney,
whether it be for smoke, air or for any other purpose. No woodwork shall be
placed within four (4) inches of the back wall of any fire place. All spaces
between chimneys and wooden joists and beams shall be filled with loose
cinders, loose mortar refuse, gypsum block or other porous incombustible
material.
Chimneys shall be built at least three (3) feet above flat roofs, and
two (2) feet above the ridges of peaked roofs and shall be properly capped
with terracotta, stone, oast iron or other approved material. •
Section 28. SMOKE PIPES. No smoke pipes shall be within twelve (12) inches
of any woodwork or any wooden lath and plaster partition, or ceiling unless
the surface above the pipe be protected by metal lath and plaster.
Where smoke pipes pass through a wooden lath and plaster partition, they
,shall be guarded by galvanized iron ventilated thimbles at least twelve (12)
inches larger in diameter than the pipes, or by galvanized iron thimbles
built in at least eight (8) inches of brick work or other incombustible
material.
No smoke pipe shall pass through any floor, or a roof having wooden
framework or covering.
Section 29. SAFETY IN DESIGN. All parts of every building shall be designed
to safely carry the loads to be imposed thereon, and shall in all other respects
conform to good engineering practice as determined by the Building-Inspector.
All materials shall be of a quality equal to that which is customary for
like work.
Seotion 30. CORRECTION OF UNSAFE CONDITIONS. Whenever any building or
structure is found to be in a condition dangerous to its occupants or to any
other person or to adjacent property, or to be unsafe for its intended use,
the Building Inspector shall have authority to notify in writing the owner,
agent or person in charge thereof, requiring such changes or removal -to be
made as may be necessary to correct the condition described, and he shall
state a time limit for its correction. He may also place at the principal
entrance of such structure a notice stating that it is in a dangerous condition
and has been condemned by him; and it shall be unlawful for any person to
remove such notice without his written permission.
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If the owner or person in charge of such building or structure, when
notified, shall fail to place the same in a safe condition or to adopt
such emergency measures as shall have been directed within the time specified,
it shall be unlawful thereafter for any person, firm or corporation to
occupy or use said building or structure until it has been rendered safe.
Whenever any building or structure is being moved, constructed or
demolished in such manner as to endanger life or property, the Building
Inspector may order such work discontinued, and it shall not be resumed
until he is satisfied that adequate measures have been taken for safety.
III Upon the completion of any building or structure intended for human
occupancy or habitation, and for which a permit has been issued, it shall
be the duty of the Building Inspector to examine such building or
structure to ascertain whether or not the provision of this Code and
the Zoning Ordinance of Brooklyn Center have been complied with. If and
when he so finds he shall issue to the owner a "Certificate of Occupancy"
which he shall set forth:
(a) The location of the premises.
(b) The serial number and date of the building permit under which
the construction improvements or alterations were made.
(c) The nature of the structure or improvements or alterations.
Upon completion of any other building or structure for which a permit
has been issued, it shall be the duty of said Inspector to examine such
building or structure to ascertain whether or not the provisions of this
Code and said Zoning Ordinance have been complied with. If and when he so
finds, he shall issue to the owner, a Certificate of Compliance which shall
set forth substantially the same information as the Certificate of
Occupancy above referred to.
The Building Inspector shall file a duplicate oopy of this certificate
III with the Village Recorder for the permanent records of the village.
No structure hereafter built, moved or remodeled within the village of
Brooklyn Center and for which a permit is required shall be used or occupied
without such Certificate of Occupancy or Compliance.
Section 31. DUTIES OF BUILDING INSPECTOR. COMPENSAATION. The Building
Inspector shall be appointed by the Council annually in January and shall
' hold office until his successor is elected and qualified. He shall be a man
who is acquainted with building materials and the building industry and is
hereby authorized and empowered to make inspections; to enforce and Interpret
this ordinance; to supervise the construction, demolition or moving of all
structures; and to report monthly to the Council on permits issued during the
previous month, and on all matters pertaining to building construction. Be
shall be compensated by fees. The fees to be paid to him shall be determined
by the Council at the first meeting in January of each year. All moneys
collected for fees for building permits shall be paid into the village
treasury as received. Once each month after auditing these fees thus
received, the council shall direot a warrant to be drawn in favor of the
said Inspector covering the fees earned since the last previous settlement,
within the limits previously set by the Council.
Section 32. APPEAL FROM RULING OF BUILDING INSPECTOR. An appeal to the
Village Council may be taken on any ruling or decision of the Building In-
1 III spector. Such appeal shall be in writing and shall state the ruling
appealed from and the reasons for the appeal. Such appeal shall be sustained
only by a four- fifths vote of the Council. Pending the determination of the
appeal, the ruling or decision of the Building Inspector shall remain in
full foroe.
Section 33. PENALTY FOR VIOLATIONS. Any and all persons who shall violate
any of the provisios of this ordinance or fail to comply therewith, or who
shall violate or fail to comply with any order or regulation made thereunder,
or who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate or permit
issued thereunder, shall severally for each and every such violation and
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non - compliance respectively be guilty of a misdemeanor, and upon conviction
thereof, be fined not to exceed one hundred dollars (100.00) or imprisoned
in the county jail not to exceed ninety (90) days. The imposition of one
penalty for any violation of this ordinance shall not excuse the violation,
or permit it to continue; and all such persons shall be required to correct
or remedy such violations or defects within a reasonable time; and when not
otherwise specified, each ten days that prohibited conditions are maintained
shall constitute a separate offense.
The application of the penalty above shall not be held to prevent the
enforced removal of prohibited conditions as provided in Sections 8 and 30
of this ordinance.
Section 34. CONFLICTING ORDINANCE REPEALED. All ordinances or parts thereof
in conflict herewith are hereby repealed and modified insofar as such con-
flict cannot be reconciled; provided, that if there is any conflict between
this ordinance and "The Zoning Ordinance of Brooklyn Center," this ordinance
shall yield to the provisions of the Zoning Ordinance.
Section 35. SEPARABILITY. Each and every part of this ordinance is declared
to be separate and independent of every other part. If any part hereof is
declared unconstitutional by the courts of this state, that fact shall not
affect any other part. •
Passed the Council this 18th day of June 1940.
(SEAL)
ATTEST:
‘446.44-4-
M. F. LANE, President
�ie r
W. C. PETER, Recorder
Published in The Robbinsdale Post
July 27, 1940.
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