CHAPTER 4. BUILDINGS AND CONSTRUCTIONCHAPTER 4. BUILDINGS AND CONSTRUCTION\Article 1. Building Code

Article 1. Building Code

It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected within the city without a building permit being first obtained therefore from the city clerk, after approval by the city codes officer or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof

(Ord. 1275)

Every property owner, trustee, lessee, and agent of each residence, apartment building, business, industry, or institutions is responsible for:

(a)   Purchasing, posting, and maintaining city assigned address numbers

(1)   Numbers shall be placed on buildings or in a conspicuous location in a manner that allows said numbers to be readily visible to emergency responders and others from the street;

(2)   Posted numbers shall be no less than 4” in height except that numbers on rural carrier mail boxes shall be no less than 3” in height;

(b)   Removing old address numbers when new numbers are posted

(Ord. 1403)

(a)   Violation of Section 4-101.1(a) shall be deemed a misdemeanor punishable upon conviction, by a fine of twenty-five dollars. ($25.00)

(b)   Correction of said violation, as verified by written certification by the City Police Department, prior to defendant’s arraignment date shall result in the charge being dismissed at the City’s cost.

(c)   Upon conviction, said fine shall be suspended upon certification by the City Police Department in writing that the property owner has corrected the said failure to comply within ten (10) days of conviction and payment of court costs, if so ordered by the court.

(Ord. 1403)

The party on whose property said construction is proposed to take place shall, on a form provided by the city, provide that person’s full legal name and/or the name or names upon which the property is titled, the location by street number or other, and the cost of construction of the proposed structure. As set forth below, on the blank provided thereon the city clerk shall fill out that portion of the form providing for the permit fee.

(Code 1988)

Prior to the commencement of said construction the owner of the property listed on the application shall pay a building permit fee based upon: minimum fee; cost of construction; or a combination thereof; and calculated as set in the city’s fee resolution.

(Ord. 1275; Ord. 1385; Code 2017)

It shall be the duty of the city clerk to forward a copy of said building permit application to the tax appraiser of Linn County, Kansas.

(Code 1988)

(a)   Any building permit issued shall become invalid if the authorized work is not commenced within six (6) months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six (6) months after the time of commencing the work. The lack of a request for inspections for a period of six (6) months will be considered as evidence of suspension or abandonment of work.

(b)   When requested in writing, the La Cygne Planning Commission may recommend extending the permit to the city council for approval. Extensions of six (6) months may be granted for single-family dwellings and accessory structures provided the construction has the appearance of being finished from the exterior or the La Cygne Planning Commission is satisfied the extension of the construction will not adversely impact the surrounding property. Commercial and multi-family projects may be granted two (2) six (6) month extensions provided the exterior of the structure and yard areas meet the requirements of a finished structure and are maintained. It shall be unlawful for any person, firm, or corporation to allow a permit to become suspended and/or invalid after work has commenced. Any extension acquired will require another building permit be issued at a cost of $50.00 basic fee PLUS $1.00 per $1,000.00 of the cost of construction.

(Ord. 1246; Ord. 1275; Code 2017)

(a)   Any and all phases of the authorized work for which a building permit has been issued shall and must be completed within one (1) year following the issuance of the initial building permit in the case of single-family dwellings and accessory structures, and within eighteen (18) months following the issuance of the initial building permit in the case of commercial and multi-family projects. All building permits, not otherwise suspended or invalid, shall become invalid after one (1) year following the issuance of the initial building permit in the case of single-family dwellings and accessory structures, and after eighteen (18) months in the case of commercial and multi-family projects.

(b)   Upon written request and showing undue hardship plus reasonable expectation that the authorized work/project will be completed, the La Cygne Planning Commission may grant a recommendation to the city council for an additional extension of up to six (6) months for project completion of single-family dwellings and up to two (2) additional extensions of up to six (6) months per extension for project completion of commercial and multi-family projects. It shall be unlawful for any person, or firm, or corporation to allow a permit to become suspended and/or invalid after work has commenced. Any extension acquired will require another building permit be issued at a cost as set in the city’s fee resolution.

(Ord. 1246; Ord. 1275; Code 2017)

(a)   Any person, firm, or corporation who commits a violation of Section 4-105 or 4-106 by allowing a permit to become suspended/invalid after work has commenced shall be subject to a fine as set in the city’s fee resolution.

(b)   Prosecution of violation under this section shall in no way prohibit or restrict the City of La Cygne, Kansas, from pursuing all other legal actions against any person, firm, or corporation that has failed to meet project completion requirements as stated in sections 4-105 and 4-106. The City of La Cygne, Kansas specifically reserves the right to pursue building violations by the use of nuisance abatement ordinances, ordinances addressing unsafe structures, or any other applicable ordinance of the City of La Cygne, Kansas.

(c)   All costs associated with bringing projects into compliance shall be assessed against the property owner by any legal means available including assessing such costs on the appropriate property tax rolls of Linn County, Kansas.

(d)   It is a violation for any person, firm or corporation to fail to obtain the required building permit per Section 4-101 and the violation shall be punished by a fine as set in the city’s fee resolution. Each day such violation continues after notification thereof by the Public Officer shall constitute a separate offense until such time as a valid permit is obtained, or the offending construction work is removed or demolished.

(Ord. 1246; Ord. 1259, Code 2017)