Sec. 6-18.  Additions, insertions and changes.


The following sections of the building code adopted in Section 6-16 are hereby revised as follows:


Section (A) 101.1.  Insert:  The City of Norfolk, Nebraska.


Section (A) 103.1.  Creation of enforcement agency.  Amend to read as follows:


             The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official.  The terms building official and code official shall be interchangeable as they relate to this code.


Section (A) 104.1.  General.  Add the following after the last sentence:


The code official shall also be responsible for coordination of street excavation permits and curb grind permits, with approval from the engineering division and street division and for attendance at board of adjustment meetings and all meeting pertinent to this position.


Insert the following after Sec. 104.7:


Section (A) 104.9.1.  Payment of fees:  The director of planning and development shall keep an accurate account of all fees collected and such collected fees shall be turned in daily to the city clerk.


Section (A) 105.2.  Amend item 1, 2, and 4 under “Building” to read as follows:


1.  One-story detached accessory structures used as playhouses and similar uses, provided the floor area does not exceed 64 square feet.


2.  Fences not over 4 feet high.


4.  Retaining walls less than 48" high when measured from the top of the finished grade at base of retaining wall to top of retaining wall unless supporting a surcharge of impounding Class I, II, or IIIA liquids.  Retaining walls over 48" above finished grade shall be provided with a guardrail.  The guardrail shall be a minimum of 36" high.


Section (A) 107.1.  General.  Add following sentence to end of Exception:


            A plan stamped by a design professional shall not be required for pole/post and beam structures of 2400 square feet or less in R-R, S-R and A zoning district.


Section (A) 107.3.1  Approval of construction documents.  Delete this section.  


Section 109.2.  Schedule of permit fees.  Insert the Building Permit Fees as set forth in Section 2-5 of the Norfolk City Code.


Section (A) 111.2  Certificate issued.


After the code official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the code official may issue a certificate of occupancy..


Section 114.4.  Violation penalties.  Amend to read as follows:


Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official or director of planning and development, or of a permit or certificate issued under the provisions of this code, shall be guilty of an offense punishable by a fine of not more than five hundred dollars ($500.00).  Each day that a violation continues after due notice has been served shall be deemed a separate offense.


Section 115.2.  Issuance.  Amend to read as follows:


Upon notice from the code official or director of planning and development, work on any building or structure that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease.  Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work.  The notice shall state the conditions under which work is authorized to resume.  Where an emergency exists, the code official or director of planning and development shall not be required to give a written notice prior to stopping the work, however, a written notice as provided for in this section shall be given as soon as practicable following the work stoppage order.


Section 115.3.  Unlawful continuance.  Amend to read as follows:


Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not more than five hundred dollars ($500.00).


Section [A] 116.5  Restoration.  Delete last sentence.  Insert at end "If the code official finds the value of the propsed work equals or exceeds 50 percent of the market value of the building/structure before the improvement or repair is started, the building/structure shall be removed from the property.  If the structure has historical or architectural value, the code official may issue permits for repair/rehabilitation."


Section 1510.3  Recovering versus replacement.  Add:


                4.  Architectural laminated asphalt shingles shall not be covered with an additional layer of asphalt shingles


Section 1612.3.  Establishment of flood hazard areas.  Amend to read as follows:


To establish flood hazard areas, the governing body has adopted flood hazard maps and regulations as set forth in Chapter 27 of the Official Code of the City of Norfolk, Nebraska.  The adopted flood hazard maps and supporting data are hereby adopted by reference and declared to be part of this section.


Section 3412.2.  Applicability.  Insert:  October 1, 2017


Adopt Appendix B – Board of Appeals.  Amend the following sections to read as follows:


[A] B101.1  Application.  Any person directly affected by a decision of the code official and/or director of planning and development or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served.  A fee set forth in Section 2-5 of the Norfolk City Code shall accompany each application for appeal to the board of appeals which fee shall be refunded to the applicant in the event the board of appeals finds in favor of the applicant.  The applicant shall also pay all publication costs necessitated by the filing of said application as well as all costs associated with arranging for the presence of a court reporter at the hearing and the costs for creating a transcript of the hearing.


[A] B101.2.1  Alternate members.  The chief appointing authority shall appoint three alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for 5 years, or until a successor has been appointed.


[A] B101.2.2  Qualifications.  The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.


[A] B101.3  Notice of meeting.  The board shall meet upon notice from the chairperson, within 60 days of the filing of an appeal or at stated periodic meetings.


Adopt Appendix F – Rodent Proofing.


Source: Ord. No. 4384, § 3, 11-2-98; Ord. No. 4703, § 2, 10-20-03; Ord. No. 4969, § 2, 9-17-07; Ord. No. 5135, § 5, 9-7-10; Ord. No. 5501, § 2, 11-6-17; Ord. No. 5563, § 3, 8-20-18; Ord. No. 5688, § 2, 9-21-20;

Editor’s note—Section 3 of Ord. No. 4384, adopted Nov. 2, 1998, repealed § 6-18 and enacted new similar provisions to read as herein set out.  Former § 6-18 derived from Ord. No. 3088, adopted Sept. 7, 1982; Ord. No. 3455, adopted Feb. 17, 1987; Ord. No. 3482, adopted June 15, 1987; and Ord. No. 3789, adopted May 6, 1991.