(A)  Building permits required.

(1)   Any person or persons desiring to commence with the erection, construction, enlargement, improvement or repair of any building, structure or property in the corporate limits of the municipality shall, before proceeding with such work or prior to commencing any excavation in connection therewith, file in the office of Municipal Clerk a written application providing a detailed description of the type of improvements or repairs which he or she intends to erect or make; the materials of which the same is to be composed; the legal description and location of the real estate; the part or portion of the real estate to be occupied by the building or improvement; the estimated cost thereof; the identification of each chimney, smoke stack, flue and fire place to be erected or constructed therewith; and such additional plans and specifications as may be required by the governing body. The building permit shall be obtained prior to the commencement of any proposed construction.

(2)   A building permit is specifically required prior to commencement of any of the following:

(a)   Making property improvements of an estimated cost of $2,500 or more;

(b)   All new construction, including additions, decks, garages, accessory buildings, porch enclosures, patio covers, carports, and fences;

(c)   Repair when structural members are involved or such repair results in the changing or enlarging of an opening;

(d)   Interior remodeling when alterations require removal of a wall or when new rooms are added, such as finished basement;

(e)   Installation of fireplaces or wood burning appliances;

(f)   Construction of accessory buildings containing more than 64 square feet of floor area;

(g)   The moving, alteration, or installation of signs; or

(h)   The moving or demolition of buildings or other structures; and construction of concrete improvements abating city paving.

(B)  Application; approval; issuance.

(1)   Application to erect, construct, enlarge, improve or repair a building or other structure located within the corporate limits of the city and up to one mile in all directions of said corporate limits shall be filed in compliance with subparagraph (A) of this section.

(2)   The application shall be in writing on a form provided by the city and shall be accompanied by all documentation required by subparagraph (A) of this section. The application and such supporting documents shall be filed with the City Clerk and the fee required by subparagraph (A) of this section shall be paid in the amounts as follows:

(a)   Projects estimated to cost between $2,500.00 to $5,000.00:        $25.00

(b)   Projects estimated to cost between $5,001.00 to $19,999.00:      $50.00

(c)   Projects estimated to cost $20,000.00 or more:                        $100.00

(3)   The City Building Permit Administrator shall review the application and conduct a review and investigation to determine compliance by the proposed project with all city ordinances and regulations and to assure that there will be no adverse impact upon the municipal utilities system. Upon determining no adverse impact and full regulatory compliance, the application shall be signed by the City Building Permit Administrator and returned to the City Clerk.

(4)   Upon approval by the City Building Permit Administrator, the City Clerk shall sign and issue the building permit to the applicant.

(1999 Code, § 9-102; Ord. 762; Ord. 775; Ord. 852; Ord. 904; Ord. 949)

It shall be unlawful for any person to whom a permit to erect, construct, improve or repair a building within the corporate limits of the municipality and within one mile of all directions of said corporate limits, is issued, as provided by this municipal code, to vary from the plans and specifications submitted to the governing body in the erection, construction, improvement or repair authorized, in any manner, so that such erection, construction, improvement or repair shall not conform to the provisions of this code.

(1999 Code, § 9-103; Ord. 762)

(A)  Any project permitted by a building permit issued by the municipality shall be completed within 365 days of the date of issuance.

(B)  All building permits issued by the municipality shall expire 365 days after the date of issuance. No person shall initiate or continue work on any project permitted by a building permit which has expired.

(C)  Any person holding an expired building permit may apply for a new building permit. If the project permitted by the expired building permit has been initiated prior to the expiration of said permit, any new building permit shall be issued and approved pursuant to the regulations and ordinances existing at the time of the issuance of the original permit. If the project permitted by the expired building permit had not been initiated prior to the time of its expiration, any new building permit shall be issued and approved pursuant to the ordinances and regulations existing at the time of the new application.

(D)  In case a project for which there is not a valid, unexpired building permit is initiated or continued, the governing body or law enforcement officials, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful initiation or continuance of such project or to restrain, correct or abate such violation, to prevent the occupancy of the premises on which said violation occurred, or to prevent any illegal act, conduct, business or use in or about such premises.

(1999 Code, § 9-104)

(A)  Prohibited; exception provided. No building shall be erected or constructed in that area of the municipality (including one mile in all directions of the corporate limits) outside of the fire limits, as defined in § 93.24, for retail, wholesale, industrial, manufacturing or other commercial purpose, nor shall any existing building be used for any such purposes, except when a building permit is allowed to be issued by the governing body as provided in divisions (B) and (C) below.

(B)  Expansion: notice to property owners. In those portions of said municipality (including one mile in all directions of the corporate limits) outside the fire limits, the governing body may authorize commercial structures and uses in the normal continuous expansion of commercial structures into additional territory outside the fire limits, but any applicant for such permit shall, at least ten days prior to the action thereon by the governing body, give notice of the pendency of said application to all owners of property abutting the proposed location of said structure, and to all owners of residences within 100 feet of said location, and furnish proof of said notice to the governing body; said notice required by this section, may be served personally or by mailing.

(C)  Expansion; when allowed. The governing body may, at its discretion, authorize construction and uses of buildings for retail, wholesale, industrial, manufacturing or other commercial purposes at other locations outside said fire limits when it will be conducive to the public welfare and where there is first filed with the Municipal Clerk the written consent of persons owning three-fourths of the property within 300 feet of said proposed location, together with the written consent of the persons owning the lots and partial lots within 50 feet of the premises upon which it is proposed to locate or use said structure for retail, wholesale, industrial, manufacturing or other commercial purposes. Buildings authorized as provided in this section shall be located at such points on the real estate and shall have such setback lines as the governing body may specify.

(1999 Code, § 9-105:107; Ord. 762)

Permits to repair, alter, improve or add to an existing structure within and without the fire limits (and up to one mile from the corporate limits of the municipality) shall be granted where the repairs, alterations, improvements or additions to be made do not result in more than a 50% change of the original structure, exclusive of foundation, and where alterations, improvements or additions are made of materials prescribed in § 93.25; provided, however, if the application to repair, alter, improve or add to existing frame buildings within the fire limits result in more than a 50% change of the original structure, exclusive of foundation, such application shall be refused until the applicant shall request a permit to erect a new building or structure of noncombustible material in accordance with the provisions of §§ 93.20 through 93.30. Repairs, alterations or improvements to existing non combustible buildings or structures in said fire limits shall be allowed only on condition that materials prescribed in §§ 93.20 through 93.30 be used for the making thereof; provided, however, permits for minor repair on existing wooden or iron clad structures such as to stop leaky shingle roofs, or siding on existing warehouses or storage sheds, where the work might fairly be construed as patching, or covering small areas on the outside or inside of a combustible building, shall not require fireproof materials.

(1999 Code, § 9-108; Ord. 762)

(A)  It shall be the duty of the owner, tenant, lessee or contractor, and any or all of them during the construction of any building or improvement upon or near the line of any public street, highway, alley or sidewalk to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day, and by red warning lights at night.

(B)  In case of the failure, neglect or refusal of said persons, or any of them, to erect such guards and keep the said street, highway or sidewalk well and securely guarded, it shall be the duty of the City Supervisor to forthwith stop all work upon said buildings and improvements until said guards are erected and kept in the manner aforesaid.

(1999 Code, § 9-109)

The Municipal Clerk shall, at the time of filing the application for the issuance of any building permit, charge and collect in advance a fee of $25. Said fee shall be the property of the municipality and shall be paid over to the Municipal Treasurer for credit to the general fund of the municipality.

(1999 Code, § 9-110; Ord. 775)

Whenever a building permit is issued for the erection, alteration or repair of any building within the Municipality’s jurisdiction and the improvement is estimated to cost $2,500 or more, a duplicate of such permit shall be forwarded by the Clerk to the County Assessor.

(1999 Code, § 9-111; Ord. 762; Ord. 775)

A municipal official charged with the duty or responsibility of accepting or approving plans, specifications, plats and reports shall not accept or approve plans, specifications, plats or reports which have not been prepared in accordance with the Engineers and Architects Regulation Act.

(1999 Code, § 9-112; Ord. 783)

(A)  It shall be unlawful for any person, firm or corporation to move any building or structure within the municipality without a written permit to do so.

(B)  Application may be made to the Municipal Clerk, and shall include the present and future location of the building to be moved, the proposed route, the equipment to be used, and such other information as the governing body may require.

(C)  The application shall be accompanied by a certificate issued by the County Treasurer to the effect that all the provisions regulating the moving of buildings have been complied with on the part of the owner of the real estate upon which the said building is presently located.

(D)  The Municipal Clerk shall refer the said application to the County Sheriff for approval of the proposed route over which the said building is to be moved. Upon approval of the governing body, the Municipal Clerk shall then issue the said permit; provided, that a good and sufficient corporate surety bond, check or cash in an amount set by motion of the governing body and conditioned upon moving said building without doing damage to any private or municipal property is filed with the Municipal Clerk prior to the granting of any permit.

(E)   No moving permit shall be required to move a building that is ten feet wide, or less, and 20 feet long, or less, and when in a position to move, 15 feet high, or less. In the event it will be necessary for any licensed building mover to interfere with the telephone or telegraph poles and wires, or a gas line, the company or companies owning, using or operating the said poles, wires or line shall upon proper notice of at least 24 hours, be present and assist by disconnecting the said poles, wires or line relative to the building moving operation.

(F)   All expense of the said disconnection, removal or related work shall be paid in advance by the licensee unless such disconnection or work is furnished on different terms as provided in the said company’s franchise.

(G)  Whenever the moving of any building necessitates interference with a water main, sewer main, pipes or wire belonging to the municipality, notice in writing of the time and route of the said building moving operation shall be given to the various municipal officials in charge of the municipal utility departments who shall proceed in behalf of the municipality and at the expense of the mover to make such disconnections and do such work as is necessary.

(Neb. RS 60-6,288 to 60-6,294, 60-6,296; 1999 Code, § 9-201)

At such time as the building moving has been completed, the County Sheriff shall inspect the premises and report to the Municipal Clerk as to the extent of damages, if any, resulting from the said relocation and whether any municipal laws have been violated during the said operation. Upon a satisfactory report from the County Sheriff, the Municipal Clerk shall return the corporate surety bond, cash or check deposited by the applicant. In the event the basement, foundation or portion thereof is not properly filled, covered or in a clean and sanitary condition, the governing body may apply the money deposited for the purpose of defraying the expense of correcting the said conditions. If the expense of correcting the hazardous condition is greater than the amount of the deposit set by resolution of the governing body, as required herein, the governing body may recover such excess expense by civil suit or otherwise as prescribed by law.

(1999 Code, § 9-202)

(A)  Any pipe, solders or flux used in the installation or repair of any residential or nonresidential facility which is connected to the public water supply system shall be lead-free.

(B)  For purposes of this section, “Lead-Free” shall mean:

(1)   Solders and flux: not more than 0.2% lead; and

(2)   Pipe and pipe fittings: not more than 8% lead.

(Neb. RS 71-5301; 1999 Code, § 9-401)

Any person or persons desiring to demolish, by any intentional means, any building or other structure located in the corporate limits of the city (hereinafter “municipality”) shall, before proceeding with said demolition, file in the office of the Municipal Clerk a written application designating the building or structure which is intended to be demolished; the means by which said demolition is to occur; the legal description and location of the real estate; a specific identification of any basement or foundation that will be exposed after such demolition; the anticipated dates of commencement and completion of said demolition; together with any additional information as may be required by the Mayor and City Council, and shall obtain a permit therefor as hereinafter provided prior to commencing the proposed demolition.

(1999 Code, § 9-501; Ord. 742)

Applications to demolish a building or other structure located within in the corporate limits of the municipality shall be filed in compliance with § 150.50. Said application shall be in writing, filed with the Municipal Clerk, addressed to the Mayor and City Council, and shall be accompanied by all documents and information required in § 150.50. The Municipal Clerk shall, at the time of filing the application, charge and collect in advance, a fee of $10. Said fee shall be the property of the city and shall be paid to the Municipal Treasurer for credit to the General Fund of the city. If such application and included information are in conformity with the provisions of the municipal code, the Mayor and City Council shall order the City Building Supervisor to issue the permit to the applicant.

(1999 Code, § 9-502; Ord. 742)

No building demolition permits shall be issued to any applicant, unless such applicant has certified to the Mayor and City Council, as part of the application for said permit, that within 90 days after the completion of the building demolition, that said applicant will restore the premises upon which such building or other structure was situated to a safe, clean and sanitary condition. The restoration of the premises to the required condition shall require that all debris be cleared away; that any excavation remaining be filled in; and that any sewer line to the property be capped. In the event that any such excavation cannot be restored as required by this section within 90 days after the demolition of the building or other structure, then and in that event, for good cause shown, the Mayor and City Council may permit the owner to erect a safe fence, at least four feet in height, surrounding such excavation for such additional period of time as may be determined by the governing body.

(1999 Code, § 9-503; Ord. 742)

(A)  Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B)  Any person who shall violate or refuse to comply with the enforcement of any of the provisions of the city building permit ordinances, specifically including §§ 150.01 through 150.09, shall be deemed guilty of an offense and, upon conviction thereof shall be fined not more than $500, nor less than $100 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.

(C)  (1)  Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.

(2)  (a)   Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.

(b)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.

(Neb. RS 17-505, 18-1720, 18-1722; 1999 Code, § 9-113; 1999 Code, § 9-601; Ord. 744; Ord. 790)