05/23/2000 Ordinances 8591
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ORDINANCE NO. 8591
An ordinance to amend Chapter 8 of the Grand Island City Code; to adopt the
1997 Uniform Building Code; to amend sections of Chapter 8 pertaining to the adoption of the
1997 Uniform Building Code; to renumber sections of Chapter 8; to repeal Chapter 8 as now
existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Chapter 8 of the Grand Island City Code is hereby amended to read
as follows:
Article I. General
Division 1. Uniform Building Code
~8-1. Uniform Building Code Adopted
The Uniform Building Code, 1997 Edition, Volumes 1, 2, and 3, published by the International Conference
of Building Officials, is hereby adopted, together with any amendments thereto as may be made from time to time,
except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of
the Code. The following sections of the Appendix shall also be adopted:
Volume I: Chapter 3, Divisions I, II, and IV
Chapter 4, Division II
Chapter 11, Division I and II
Chapter 15
Chapter 29, Table A-29-A
Chapter 31, Division I, II, and III
Volume II: Chapter 16, Division I
Chapter 19
One copy of the Uniform Building Code, 1997 Edition, and all supplements or amendments thereto shall be filed in
the office of the city clerk as provided by law.
~8-2. UBC - Standards Adopted
The following standards shall be used with the Uniform Building Code adopted by 98-1 above:
Acceptable Wind Load Design Procedures:
1997 u.B.c. - Basic Wind Speed 80 mph
Exposure Conly
Roof Snow Load - 30 pounds per sq. ft.
(Note: Sec. 1607.5 Reduction oflive loads does not apply to roof snow load.)
Frost Depth - 36 inch minimum
Seismic Zone - 0
~8-3. UBC - Certain Sections Not Adopted
It is especially provided that the following chapters, sections, and tables of the Uniform Building Code are
not adopted or approved, and the same shall be of no force and effect:
... /? r::i)--
Approved as to Form . ~
May 24, 2000 '" City Attorney
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ORDINANCE NO. 8591 (Cant.)
Table No. I-A - Building Permit Fees
Sections 107.2 and 107.3
Chapter 13 - Energy Conservation
Chapter 27 - Electrical Systems
Chapter 28 - Mechanical Systems
Chapter 30 - Elevators, Dumbwaiters, Escalators, and Moving Walks
Chapter 32 - Construction in the Public Right-of-Way
Chapter 33 - Site Work, Demolition and Construction
Appendix Chapter 3, Division III - Group R, Division 3, Occupancies
Appendix Chapter 4, Division I - Barriers for Swimming Pools, Spas and Hot Tubs
Appendix Chapter 9 - Basement Pipe Inlets
Appendix Chapter 10 - Building Security
Appendix Chapter 12, Division I - Ventilation
Appendix Chapter 12, Division II - Sound Emission Control
Appendix Chapter 13 - Energy Conservation in New Building Construction (State of Nebraska)
Appendix Chapter 30 - Elevators, Dumbwaiters, Escalators, and Moving Walks (State of
Nebraska Department of Labor)
Appendix Chapter 33 - Excavation and Grading (State of Nebraska)
Appendix Chapter 34 - Existing Structures
~8-4. UBC - Amendment of Section 105
Section 105 of the Uniform Building Code is hereby amended to read in its entirety as follows:
BUILDING CODE ADVISORY BOARD
Sec. 105. Purpose. The purpose of the Building Code Advisory Board is to determine the suitability of
alternate materials and methods of construction.
Whereas, there may arise a design or material that may not meet the exact criteria of the Uniform Building
Code, especially in the areas of Energy Related projects, this Board shall examine the data available, and/or may
require any additional data, to determine that the proposed material or method is at least equivalent of the purpose as
set forth in the Building Codes. The Board may not waive any requirements of the Building Codes, but only approve
in lieu of/alternate methods of materials.
Member. The Building Code Advisory Board members will be appointed by the mayor and approved by the
city council. They shall be persons who are qualified by experience and training to pass upon matters pertaining to
building construction. The Board shall consist of seven members. The chief building inspector shall be an ex officio
member and will act as secretary of the Board. One city council member shall also act as an ex officio member. At
least four members of the Board must be present to constitute a quorum and be able to act.
Chairman/Officers; Length of Service. A chairman and vice chairman will be selected from among the
seven members and each will serve a two-year term. The seven members will serve two-year terms, alternating four
and three on a yearly basis.
Request Procedure. The request process for the Board shall be as follows:
(1) If an applicant shall be denied a building permit or shall receive disapproval from the chief building
inspector, the applicant may file a request on the forms furnished by the Building Department, together with a
request procedure fee in accordance with the City of Grand Island Fee Schedule, stating in full detail what the
product or project is, the use, sections of the Code that cannot be fully complied with, what the alternative
material or method will be, and sufficient evidence supporting the request. This shall be filed with the chief
building inspector who shall then notify the officers of the Board, who shall set a time of meeting, and the
meeting shall be within ten (10) days of the date of application.
(2) The meeting of the Building Code Advisory Board shall be presided over by the chairman.
(3) The Board shall hear all evidence by the party requesting consideration and a presentation by the chief
building inspector.
(4) After hearing all evidence presented, the Board shall determine whether the proposed alternate method of
material is equivalent with the interest and safety of the Code, or may recommend changes to their satisfaction.
(5) An order approving such a request shall require a "Ves" vote of four of the Board members.
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Approved as to Form T
May 24, 2000 ... City Attorney
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ORDINANCE NO. 8591 (Cont.)
(6) The Board shall render all decisions in writing to the applicant and the chief building inspector within a
reasonable period oftime.
~8-5. UBC - Amendment of Section 1701.1
Sec. 1701.1 General. In addition to the inspections required by Section 108, the owner or the engineer or
architect of record acting as the owner's agent may be required to employ one or more special inspectors who shall
provide inspections during construction on the types of work listed under Section 1701.5.
~8-6. UBC - Amendment of Section 109.1
Sec. 109.1. Use and Occupancy. No building or structure shall be used or occupied, and no change in the
existing occupancy classification of a building or structure or portion thereof shall be made until the building official
has issued a Certificate of Occupancy therefor 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 other ordinances of the jurisdiction shall not be valid.
~8-7. UBC - Amendment of Section 107; Fees; Plan Review Fee
Sec. 107.
(a) General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the
fee schedule adopted by the jurisdiction.
(b) Permit Fees. The fee for each permit shall be as set forth in the City of Grand Island Fee Schedule. The
determination of value or valuation under any of the provisions of this code shall be made by the building official.
The value to be used in computing the building permit and building plan review fees shall be the total value of all
construction work for which the permit is issue, as well as all finish work, painting, roofing, electrical, plumbing,
heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.
(c) Plan Review Fees. When a plan or other data are required to be submitted by Section 106.3.2, a plan review
fee shall be paid in accordance with the City of Grand Island Fee Schedule at the time of submitting plans and
specifications for review. The plan review fees specified in this subsection are separate fees from the permit fees,
and are in addition to the permit fees.
Where plans are incomplete or changed so as to require additional plan review, an additional plan review
fee shall be charged at the rate shown in the City of Grand Island Fee Schedule.
(d) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of
application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to
the applicant or destroyed by the building official. The building official may extend the time for action by the
applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the
control of the applicant have prevented action from being taken. No application shall be extended more than once.
In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan
review fee.
(e) Investigation Fees: Work Without a Permit.
(1) Investigation. Whenever any work for which a permit is required by this code has been
commenced without first obtaining said permit, a special investigation shall be made before a permit may be
issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit
is then or subsequently issued. The investigation fee shall be in accordance with the City of Grand Island Fee
Schedule. The payment of such investigation fee shall not exempt any person from compliance with all other
provisions of this code nor from any penalty prescribed by law.
(f) Fee Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously
paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit fee paid when no
work has been done under a permit issued in accordance with this code.
The building official may authorize refunding of not more than 80 percent of the plan review fee paid when
an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan
reviewing is done.
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Approved as to Form T
May 24, 2000 '" City Attorney
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ORDINANCE NO. 8591 (Cont.)
The building official shall not authorize refunding of any fee paid except on written application filed by the
original permittee not later than 180 days after the date offee payment.
~8-8. UBC - Amendment of Section 108.8
A reinspection fee may be assessed for each inspection or reinspection when such portion of work for
which inspection is called is not complete or when corrections called for are not made.
This section is not to be interpreted as requiring reinspection 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 reinspection.
Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on
the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date
for which inspection is requested, or for deviating from plans requiring the approval of the building official.
To obtain a reinspection, the applicant shall file an application therefore in writing on a form furnished for
that purpose and pay the reinspection fee in accordance with the City of Grand Island Fee Schedule.
In instances where reinspection fees have been assessed, no additional inspection of the work will be
performed until the required fees have been paid.
~8-9. UBC - Amendment of Chapter 5
Chapter 5 of the Uniform Building Code is hereby amended by adding thereto Section 503.4.10 to read as follows:
Sec. 503.4.10.
The provisions set forth above for RD-Residential Development Zone as identified in Chapter 36 of the Grand
Island City Code shall be determined not from the location of a structure from the property line but from the
location of a primary structure to another primary structure located on an adjacent lot. All requirements
pertaining to fire resistant walls and window opening protection as set forth in Table No. 5-A shall be complied
with when such adjacent primary structures are closer than ten feet apart. Distance shall be measured at right
angles from the wall of one structure to the closest wall of an adjacent primary structure.
Chapter 5 of the Uniform Building Code is hereby amended by adding Section 505.2.1 to read as follows:
Section 505.2.1
The yard space required by this subparagraph may be satisfied by a restriction of record upon the required yard
space created through agreement between adjacent property owners and the City of Grand Island.
~8-10. Reserved
~8-11. UBC - Amendment of Table 5-A
Table No. 5-A of the Uniform Building Code is hereby amended to delete Group U therefrom.
~8-12. UBC - Amendment of Section 310.4
The following is hereby added to Section 310.4 of the Uniform Building Code:
EXCEPTION: Basements used exclusively for the service of buildings and which do not exceed 300 square
feet.
In existing single family residential occupancies other than apartments, a sleeping room may be added in an existing
basement if the following conditions are met:
(1) The sleeping room must have an openable window.
(2) Smoke detectors have been installed in the sleeping room, the furnace room, and in the exitway of the
basement.
~8-13. UBC - Amendment of Section 1201
Buildings and portions thereof shall provide occupants with light and ventilation as set forth in this chapter.
For ventilation of hazardous vapors or fumes, see Section 306.5 and the Mechanical Code.
Where provisions of this chapter specify ventilation requirements in terms of the number of occupants, the
occupant load factors contained in Table A-29-A of Appendix Chapter 29 for the appropriate occupancy shall be
used for determining said occupant load.
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Approved as to Form T
May 24. 2000 '" City Attorney
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ORDINANCE NO. 8591 (Cont.)
~8-14. UBC - Amendment of Section 1203.2
Section 1203.2 of the Uniform Building Code is hereby amended to read as follows:
Sec. 1203.2. Light
Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with
natura1light by means of exterior glazed openings with an area not less than one twentieth (1/20) of the floor area of
such rooms with a minimum of five (5) square feet.
EXCEPTION: Required windows may open into a roofed porch where the porch:
(1) Abuts a street, yard, or court; and
(2) Has a ceiling height of not less than 7 feet; and
(3) Has the longer side at least 65 percent open and unobstructed.
~8-15. UBC - Amendment of Section 1806.3 Section 1806.3 of the Uniform Building Code is hereby amended to
read as follows:
Bearing Walls
Bearing walls shall be supported on masonry or concrete foundations or piles or other approved
foundation system which shall be of sufficient size to support all loads. Where a design is not provided
herein, the minimum foundation requirements for stud bearing walls shall be as set forth in Table No.
18-1-C.
EXCEPTIONS:
(1) A one-story wood or metal frame building not used for human occupancy and not over 200 square feet in floor
area, may be placed upon a concrete slab of four inch minimum thickness.
(2) Detached accessory buildings not exceeding 625 feet in floor area may use a six-inch wide by eighteen inch
deep foundation system with at least twelve inches below grade.
(3) The support of buildings by posts embedded in earth shall be designed as specified in Section 1806.8. Wood
posts or poles embedded in earth shall be pressure treated with an approved preservative. Steel posts or poles shall
be protected as specified in Section 1807.9.
~8-16. UBC - Add Section 1809.6
Section 1809.6 of the Uniform Building Code is hereby amended to read as follows:
U) Minimum Footing and Foundation Requirements for Residential Construction
(1) The minimum footing foundation requirement, balanced fill, for a one-story residence shall be six (6)
inches in width by thirty-six (36) inches below grade, with two #4 horizontal rebar continuous.
(2) The minimum footing foundation requirement, unbalanced fill, for a one- or two-story frame residence
shall be sixteen (16) inches in width by eight (8) inches deep, with two #4 rebar continuous and a minimum
eight (8) inch wall of block or concrete.
(3) In addition to the requirements set forth in subparagraphs (1) and (2) above, the following
reinforcement requirements for wall foundation must be met:
8" solid concrete from 60" up to 84" unbalanced fill- three #4 horizontal strands, equally
spaced throughout height of wall;
8" block - from 48" to 60" unbalanced fill - one #4 rebar vertical, 4' on center to grade
height;
8" block - from 60" to 84" unbalanced fill - one #4 rebar vertical, 4' on center to top of
foundation.
~8-17. UBC - Amendment of Chapter 14
Chapter 14 of the Uniform Building Code is hereby amended by adding thereto subsections 1402.4.1 and 1402.4.2
to read as follows:
Sec. 1402.4.1. Backp1aster and Dampproofing
Exterior foundation walls below grade of any building consisting of masonry units having a basement shall
be backp1astered with one-half inch (1/2") Portland cement and sand mix (1:21/2 by volume) or two one-
fourth inch (1/4") coats of Type M mortar, and with an approved dampproofing material. Poured concrete
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Approved as to Form . _--H..l,.
May 24, 2000 ... City Attorney
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ORDINANCE NO. 8591 (Cont.)
foundations shall be coated with dampproofing without back plaster. Alternative dampproofing may be
approved by the building official.
Sec. 1402.4.2. Subsurface Drainage Systems
All buildings constructed with basements or floor levels twenty-four (24) inches or more below the
elevation of the center line of the adjacent public street shall be provided with a subsurface drainage
system. A subsurface drainage system shall consist of the minimum following elements:
(1) Minimum four (4") diameter perforated or scored drain pipe embedded in four inches (4") of
coarse gravel installed around the inside of the perimeter footing such that no floor location is
greater than ten feet (10') to such drain pipe.
(2) Minimum fifteen inch (15") diameter by thirty inch (30") deep sump pump pit for each one
thousand five hundred (1,500) square feet of floor area to be drained.
(3) Minimum two inch (2") diameter weep holes through the footing at eight foot (8') on center
intervals with a minimum of four inch (4") of gravel cover on the exterior of the footing.
(4) Minimum four inch (4") gravel bed under floor slab.
~8-18. UBC - Amendment of Section 3102.3.8
Sec. 3102.3.8 is hereby amended by deleting from the first sentence, "Where determined necessary by the
building official due to local climatic conditions or where sparks escaping from the chimney would create a hazard."
~8-19. UBC - Amendment of Appendix Section 1614
Buildings and other structures and all portions thereof that are subject to snow loading shall be designed to
resist the snow loads, as determined by the building official, in accordance with the load combinations set forth in
Section 1612.2 or 1612.3.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures and offsets in roofs of
uneven configuration shall be considered.
~8-20. UBC - Amendment of Appendix Section 1516.3
Sec. 1516.3 Overlay on Existing Wood Roofs or Asphalt Single Roofs
(a) General. Based on inspection of the existing roofing, the building official may permit the recovering of
existing shingle or shake roofing in accordance with the provisions of this section.
(b) A maximum of one application of asphalt shingles shall be applied over an existing asphalt shingle or
wood shingle roof.
(c) A maximum of one application of wood shingles shall be applied over an existing asphalt shingle or
wood shingle roof.
(d) A maximum of one application of wood shake shingles shall be applied to any roof. New roof covering
shall not be applied over an existing shake roof.
(e) A maximum of one application of wood shake shingles shall be applied over an existing asphalt shingle
or wood shingle roof.
(f) Rusted or damaged flashing, vent caps and metal edgings shall be replaced with new materials as
necessary.
~8-21. Buildings Having Historical Significance
Buildings or structures which have been designated by official action of the Grand Island City Council as
having special historical or architectural significance may comply with Section 3403.5 of the Uniform Building
Code for historic buildings.
Historical buildings shall be buildings which are currently listed on the National Register of Historical
Buildings or are at least fifty years old and have one of the following characteristics: is associated with an important
person or event which has contributed significantly to history, contains significant architectural or artistic design, or
has significant archeological properties.
~8-22. Permits Required; Amendment of Section 106.1
Section 106.1 shall be amended to add the following:
No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove,
convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be
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Approved as to Form . ~
May 24, 2000 ... City Attorney
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ORDINANCE NO. 8591 (Cant.)
done without first obtaining a separate building permit for each such building or structure from the Building
Department; provided, no permit shall be issued by the Building Department unless and until authorized by
resolution of the City Council in anyone or more of the following cases:
(1) Where the real property described in the application for permit does not front upon a dedicated street or
public road;
(2) Where a subdivision as required by state statutes has not been lawfully approved and recorded with the
Register of Deeds.
(3) When the City Engineer certifies that surface water drainage is unavailable or inadequate to drain the
public street or road abutting upon the real property described in the application for permit.
(4) Where the City Engineer certifies that surface water drainage from the real property described in the
application for permit will create or add to an impounding of surface water upon a public street or road.
~8-23. Temporary Retail Buildings; Restrictions
No person, firm, or corporation shall erect, construct, equip, use, occupy, or maintain any temporary
building or structure in the City or two-mile jurisdiction or cause the same to be done without first obtaining a
separate building permit for each such temporary building from the Building Department.
Temporary buildings shall be those buildings built and designed for ;use no longer than 120 calendar days to
facilitate special events or annual sales.
Temporary buildings shall be constructed to support required wind load, adequately anchored, and located
no closer than 20 feet to any adjacent structure, or be separated by a two-hour fire wall. Exterior walls shall be one-
hour fire resistive ifless than 20 feet from a property line, and the allowable area shall comply with Table 5-B of the
adopted building code.
Exiting shall be provided as required for permanent buildings.
Temporary buildings shall not be connected to permanent utilities, e.g., sewer, water, electric, or gas.
Temporary buildings permits shall be limited to one per tract of land, not to exceed 120 days per
calendar year. The fee for a temporary building permit shall be in accordance with the City of Grand Island Fee
Schedule.
~8-24. Commercial Display Buildings; Definition; Restrictions
No person, firm, or corporation shall place upon any property, any commercial display building without
first obtaining a permit from the Building Department for the placement of such commercial display building(s).
Commercial display buildings shall be those structures which are offered for sale or used as display or
inventory. They shall not be used for any other purpose, occupied, or used as storage facilities.
Commercial display buildings shall be constructed to support required wind loads, be adequately anchored,
and in all other aspects comply with adopted building and zoning codes.
Commercial display buildings shall not be connected to permanent utilities.
The fee for commercial display buildings shall be in accordance with the City of Grand Island Fee
Schedule.
~8-25. Barb Wire and Electrified Fences
It shall be unlawful for any person, partnership, firm, or corporation, either in person or through his or their
employees or agents, to erect or cause to be erected or to maintain any barb wire or electrified fence or any barb wire
or electrified string along or upon any fence or string as a barrier within the city limits of the City of Grand Island,
except that it shall be permissible to string not more than three strands of barb wire or electrified fence upon
supports inclined at an angle not greater than sixty degrees with the horizontal plane, when such wires are strung so
that they are suspended above and within the privately owned enclosed property, and the bottom strand of such barb
wire or electrified fence is not less than six feet above the surface of the ground.
~8-26. Reserved
~8-27. Reserved
~8-28. Reserved
~8-29. Reserved
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Approved as to Form . ~
May 24, 2000 A City Attorney
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ORDINANCE NO. 8591 (Cant.)
~8-30. Reserved
~8-31. Reserved
~8-32. Reserved
Division 2. Reserved
~8-33. Reserved
~8-34. Reserved
~8-35. Reserved
~8-36. Reserved
~8-37. Reserved
~8-38. Reserved
~8-39. Reserved
Division 3. Swimming Pools
~8-40. Swimming Pool; Definition
Private Swimming Pool means any constructed or assembled pool that is not publicly owned which is more
than 24 inches in depth and has a surface area of more than 150 square feet and which is used or intended to be used
as a swimming pool.
~8-41. Swimming Pool; Permit Required
It shall be required that a permit be issued for the construction or placement of a private swimming pool
from the chief building official prior to such construction or placement. An application for a permit shall be
submitted by the owner or his agent of the property upon which the pool is to be located. Such application shall be
accompanied by a duplicate set of plans, specifications, and plot plans. The plot plan shall show the accurate
location of the proposed pool on the property and properly establish distances to existing lot lines, buildings and
fences, and to additional proposed structures or fences. No permit shall be issued until such plans, specifications and
plot plans have been approved by the chief building official as being in conformance with all local regulations
pertaining to private swimming pools.
~8-42. Swimming Pool; General
The pool shall be constructed or assembled so as to be water tight, easily cleaned and maintained, made of
non-absorbent and durable material, and be free of open cracks and joints.
~8-43. Swimming Pool; Conformance with Codes
All building, plumbing, electrical, and other codes as adopted by the City Council shall be adhered to in the
construction or assembly of the private swimming pool.
~8-44. Swimming Pool; Enclosure Required
Every private swimming pool shall be completely surrounded by a fence or wall not less than four (4) feet
in height which shall be of a type which precludes passage through or under and is not readily climbable by small
children. This shall not mean an additional fence within a completely fenced yard, provided, the fence meets the
stated minimum requirement. All gates shall be equipped with a latch which is not readily operated by small
children.
The main building, or any accessory structure, on the site may form part of the enclosure. The sides of
above-ground pools are acceptable as integral barriers, provided, that the sides extend not less than four (4) feet
above the outside ground at all points, and provided further, that access steps or ladders are capable of being
rendered inaccessible by being removed or raised more than four (4) feet above the outside grade.
~8-45. Swimming Pool; Retroactivity
The lack of a minimum enclosure as herein described, on any existing pool, is hereby deemed to be a
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Approved as to Form T
May 24, 2000 ... City Attorney
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ORDINANCE NO. 8591 (Cont.)
serious public safety hazard. The owner of the property, upon which such a pool is located, shall comply with the
enclosure requirements of ~8-44 within thirty (30) days after date of notification to comply.
~8-46. Swimming Pool; Discharge System
All private swimming pools constructed after the effective date of this ordinance shall be provided with an
approved drainage outlet to the city sanitary sewage system, or may be used for surface irrigation of the owner's
property, provided, that no water shall overflow onto adjacent private or public property in a manner as to cause a
nUIsance.
~8-47. Reserved
~8-48. Reserved
~8-49. Reserved
Article II. Permits Generally
~8-50. Reserved
~8-51. Buildings Not Otherwise Provided
If permits pursuant to the Grand Island City Code are requested for buildings or structures not otherwise
provided for, valuations of the cost of such building shall be based upon written estimate filed with the building
department.
~8-52. Valuation; Commercial and Industrial Buildings
For commercial and industrial buildings the fees to be collected for permits pursuant to this article shall be
based upon the value as determined by the figures fixed by the contract for construction.
~8-53. Review of Plans by Fire Department; Fee
In addition to the building permit fee, there shall be a fire plan review fee in accordance with the City of
Grand Island Fee Schedule paid to the fire department for the review of said plans as required by state statutes.
~8-54. Construction Prior To Permit Issuance
When any construction, alteration or repair of buildings shall have been started before a permit therefor has
been issued, an investigation fee in addition to the building permit fee shall be collected. The investigation fee shall
be in accordance with the City of Grand Island Fee Schedule.
~8-55. Reserved
~8-56. Reserved
~8-57. Reserved
~8-58. Reserved
~8-59. Reserved
~8-60. Reserved
~8-61. Reserved
~8-62. Reserved
~8-63. Reserved
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Approved as to Form T Cft
May 24, 2000 A. City Attorney
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ORDINANCE NO. 8591 (Cont.)
Article III. Reserved
~8-64. Reserved
~8-65. Reserved
~8-66. Reserved
~8-67. Reserved
~8-68. Reserved
~8-69. Reserved
~8-70. Reserved
~8-71. Reserved
~8-72. Reserved
~8-73. Reserved
~8-74. Reserved
Article IV. Moving Buildings
~8-75. Registration Required to Move Buildings
(A) It shall be unlawful for any person to engage in the business of moving houses and buildings within the
City limits and within two miles of the corporate boundary of said City without first being registered as such by the
City and paying the fee therefor; provided, however, no registration shall be required to move a building which has a
floor surface of one hundred square feet or less. Buildings which do not exceed sixteen feet in width or twenty-four
feet in length may be exempted from the requirements of this Article by the chief building inspector upon finding
that such exemption would not adversely affect the public interest. Such registration shall be issued by the chief
building inspector, and the same shall expire on December 31 of the year the same is issued.
(B) The registration fee shall be paid in accordance with the City of Grand Island Fee Schedule.
~8-76. Insurance
(A) Every registration shall maintain in full force and effect insurance policies written by a company or
companies authorized to do business in Nebraska, with the following coverages and amounts:
(1) Comprehensive General Liability Insurance covering the operations of the registrant, including coverage for
completed operations, with limits of not less than $300,000 per occurrence for bodily injury and property
damage.
(2) A provision that the City of Grand Island is an additional insured as to any third party claims for bodily
injury or property damage based upon occurrences in connection with the registrant's operations, including
completed operations, within the City's zoning jurisdiction.
(B) The registrant shall furnish the city building department with a certificate or certificates of insurance for the
above insurance coverage which shall contain a statement that said policies contain a provision that said policies
may not be canceled without written notice of such cancellation having been served on the City at least thirty (30)
days prior to the date of cancellation.
~8-77. Permit - Required; Fee
Before any house or building can be moved, a permit must be issued authorizing the moving of the same.
Upon the granting of a moving permit, the applicant shall pay a fee to the City in accordance with the City of Grand
Island Fee Schedule.
~8-78. Height and Width Restrictions; Permits
No permit shall be issued to move any house or structure if any part thereof has a loaded height in excess of
twenty-six feet, and if any part thereof at its greatest width is in excess of thirty- four feet; provided, except, the chief
building inspector may authorize the granting of permits in cases of buildings exceeding such width or height
limitation, or both, when there is filed and deposited in the office the following:
(1) An application for a specific permit to move a specific building or structure, in triplicate, with the
following documents attached thereto, to wit:
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Approved as to Form
May 24, 2000
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ORDINANCE NO. 8591 (Cant.)
(a) A drawing or chart showing the specific route proposed to be followed, and exact location of
buildings, structures, trees, and other objects which may interfere with the moving of such
building or structure.
(b) A drawing to scale showing the dimensions oflength, width, and height, and kind of structure
proposed to be moved.
(c) Agreement of all property owners who may be affected by reason of trimming of trees, or
ownership of structures, or device, legally above, upon, or under the surface of any such street,
waiving any and all claims against the City of Grand Island for damages which may happen to any
such trees, pavement, curb, driveway, pole, structure, or device.
(d) Statements of the city engineer, director of utilities, chief of police, and fire chief relating to
their approval of the arrangements for such moving.
(e) Consent to the moving of such building or structure of any affected telephone company, gas
company, telegraph company, railroad(s), and waiver of every and all claims for damages against
the City with regard thereto.
(2) The permit fee required by 98-77 of this Code.
(3) The chief building inspector may waive any of the foregoing requirements determined to be
inapplicable or unnecessary to protect the public interests.
~8-79. Examination of Building; Denial of Permit
Before a permit is issued for any of the operations defined by this article and before any of the operations
defined herein shall have begun, the chief building inspector shall examine the building, structure or part thereof on
which it is desired to perform such operations, and the chief building inspector shall refuse to grant a permit for
same if any of the conditions following are found to exist:
(1) No building shall be removed from its present location or lot to a new location or lot so situated that the
construction on such new location or lot of a similar new building would be in violation of any of the
provisions of this article.
(2) No building shall be moved that is more than fifty percent structurally deficient.
~8-80. Consent of Contiguous Property Owners
Before granting permission to move any principal building from one lot to another or from any piece of
property to another or to change the location of any building on the same lot or any piece of property to face in
another direction or upon another street, the consent of a majority of the property owners of the half block to which
such building or structure is to be located and also the consent of the majority of the property owners of the half
block facing such new location must be obtained in writing on petitions furnished by the building department. The
applicant, for such permission, shall provide a photograph (not less than three inches by five inches in size) of such
house or structure which shall become part of the record of the building department and shall be presented as part of
the petition to the owners for signing. This signed petition and photograph shall be on file in the building department
before any permit shall be issued for the moving of any such building or structure.
~8-81. New Construction Requirements
No building or structure, regardless of size, which has been moved shall be placed or located within the city
unless it shall comply with the requirements of new construction.
~8-82. To be Moved on Permitted Streets Only
It shall be unlawful for any such housemover under the permit to move the structure for which the permit is
given, over, upon or along other streets than those mentioned in the permit.
~8-83. Planking of Streets When Required
It shall be the duty of any person moving any house or structure to plank streets if and when ordered so to
do by the chief building inspector.
~8-84. Utility Lines; Mover to Pay Expenses
It shall be the duty of the mover of houses and buildings to pay all expenses and costs incurred in the
lifting, removal, and restoration of all utility wires, conduits and poles.
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Approved as to Form ...
May 24, 2000 .... City Attorney
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ORDINANCE NO. 8591 (Cant.)
~8-85. Building on Street; Misdemeanor
It shall be unlawful for any mover of houses or buildings or the owner of any house or building being
moved under the provisions of this article to allow the same to remain standing on any street or public grounds
longer than is reasonable and necessary, and any person violating the provisions of this section shall be deemed
guilty of a misdemeanor and be punished as hereinafter provided.
~8-86. Protecting Public During Moving
It shall be the duty of the mover of houses and buildings to exercise due care at all times to protect the
public from injury or accidents. It shall be the duty of such movers of houses and buildings to provide watchmen to
warn the public if and when any wires, ropes or cables are extending across streets or alleys or public grounds so
that the public will not be injured thereby.
If during the moving of any house or structure it shall become necessary to leave the same standing on any
street, avenue, highway or public place, the same shall be left standing as near to the right side of the road as
possible in order to leave free passage on the other side thereof. It shall further be the duty of the mover of houses
and buildings to leave lighted flares about such house or structure or moving equipment left standing over night in
any such street, avenue, highway or public place during the hours between sunset and sumise.
~8-87. Moving Equipment to be Rubber Tired
No permit shall be issued by the chief building inspector to move any house or structure unless the moving
equipment employed by the mover of houses and buildings is rubber tired in order to safeguard and protect streets,
avenues, alleys, highways and public grounds from being damaged.
~8-88. Leave Property in Safe, Clean Condition
It is hereby declared unlawful for any mover or owner of houses and buildings to move any building or
structure in such a manner that there shall remain holes or depressions dangerous to life or limb; there shall not
remain debris or rubbish from which dust or offensive odors shall emanate detrimental to public health. Such
premises shall be left in a safe, clean, and sanitary condition. When a building has been moved for the purpose of
erecting thereon another building or structure, the chief building inspector at his discretion may permit the owner of
such property to maintain for a period not to exceed six months any remaining hole or depression if the following
conditions are met: Such hole or depression is maintained in a sanitary condition and kept clean of all rubbish or
debris of any nature; that such hole or depression is surrounded and protected by a strong and suitable barricade not
less than five feet high; that such barricade is maintained in a sound and proper condition; and that said owner shall
covenant for himself, his heirs and assigns, to properly fill such remaining hole or depression at the conclusion of
the said six month period unless building operations thereat have then been begun; provided, that the city council
may, upon good cause shown, extend the period of time during which the hole or depression may be maintained,
subject to any conditions that the city council may prescribe.
~8-89. Mover to Disconnect Utilities
It shall be the duty of the property owner and the house or building mover to see that all utilities such as
water, gas, sewer and electricity are shut off either at the street line or in the alley. The sewer service from the house
to the alley shall be properly closed at the main sewer line in accordance with the ordinances of the City. If the water
service to the property is to be abandoned, the abandonment shall be in accordance with the requirements Chapter 35
of this Code. No permit to move a house or building may be issued until this section is complied with.
~8-90. Applicability of Article
The provisions of this Article pertaining to the moving of buildings and structures shall apply with equal
force and effect to such operations within the corporate limits of the City and all that area within two miles of the
corporate boundary of said City.
~8-91. Penalty for Violation; Continuing Violations
Any person violating any of the provisions of this Article shall upon conviction be deemed guilty of a
misdemeanor. If any such person shall permit such violation to continue, each day shall be considered a separate
offense and be punished accordingly.
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Approved as to Form T LJ31;
May 24. 2000 .. City Attorney
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ORDINANCE NO. 8591 (Cant.)
~8-92. Reserved
~8-93. Reserved
~8-94. Reserved
~8-95. Reserved
~8-96. Reserved
Article V. Razing and Demolishing Buildings
~8-97. Registration Required; Fee; Term
(1) Any person engaged in the business of razing and demolishing buildings and houses in the City and in the area
within two miles of the corporate boundary of said City, shall, before starting such business in the City or within
such two mile area beyond its corporate limits, secure from the chief building inspector a certificate of registration to
engage in such business.
(2) The annual registration fee and the renewal fee for such registration, which shall expire on December 31,
following the date of issuance, shall be in accordance with the City of Grand Island Fee Schedule.
~8-98. Permit to Raze Building
Any person registered under this article to engage in the business of razing and demolishing buildings and
houses shall, before proceeding with such razing or demolition of any structure in the city or within two miles of the
corporate boundary of said city, secure a permit to do so from the chief building inspector. Such permit shall not be
granted until after the payment of the permit fee hereinafter set forth.
~8-99. Permit to Raze Building; Fees
It shall be the duty of the chief building inspector to collect fees for razing and demolishing of structures in
the same manner and in the same amount as set forth in the City of Grand Island Fee Schedule pertaining to building
permit fees.
~8-100. Insurance
(I) Every registrant shall maintain in full force and effect insurance policies written by a company or companies
authorized to do business in Nebraska, with the following coverages and amounts:
(a) Comprehensive General Liability Insurance covering the operations of the registrant, including
coverage for completed operations, with limits of not less than $300,000 per occurrence for bodily injury
and property damage.
(b) The City of Grand Island shall be listed as an additional party insured as to any third party claims for
bodily injury or property damage based upon occurrences in connection with the registrant's operations,
including completed operations, within the City's zoning jurisdiction.
(2) The registrant shall furnish the City building department with a certificate or certificates of insurance for the
above insurance coverage which shall contain a statement that said policies contain a provision that said policies
may not be canceled without written notice of such cancellation having been served on the City at least thirty (30)
days prior to the date of cancellation.
~8-101. Right of Owner to Raze Own Buildings
Any person may raze or demolish one or two story dwellings, provided he is the actual owner thereof and
does the work himself and for himself without compensation from others. Such building or buildings must be
situated at least twenty feet from the front lot line and at least eight feet from other buildings situated on either side
or to the rear thereof. It is expressly provided that any such owner may raze or demolish such dwellings without first
securing the registration provided in 98-97 hereof; provided, however, such owner must secure a permit so to do
from the chief building inspector and pay the permit fee and call for inspections by the chief building inspector.
Such owners must otherwise comply with all of the other provisions of this article.
It is expressly provided that the right of an owner to raze or demolish his own dwellings shall include the
right to raze or demolish a private garage.
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Approved as to Form T
May 24, 2000 "- Ci Y Attorney
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ORDINANCE NO. 8591 (Cont.)
~8-102. Leave Property in Safe, Clean Condition
It is hereby declared unlawful for any registrant to raze or demolish any building or structure in such a
manner that there shall remain holes or depressions dangerous to life or limb. The registrant shall remove from the
site all wood, metal, and foundation and footing materials subject to decomposition. Concrete, bricks, and concrete
blocks may be used as fill material for holes or depressions; provided, the materials are entirely covered by fill sand
or earth which is then compacted. Holes must be made in concrete floors to permit passage of water.
~8-103. Responsibility to Disconnect Utilities
It shall be the duty of the registrant to see that all utilities such as water, gas, sewer and electricity are shut
off either at the street line or in the alley. The service sewer from the house to the alley shall be properly closed at
the main sewer line in accordance with the ordinances of the city. The water service line shall be properly closed at
the main water line in accordance with Chapter 35 of this Code. The registrant must provide certification that the
building has been inspected by a State of Nebraska certified asbestos inspector or removal contractor and that either
no asbestos materials exist or all have been properly removed. No permit to raze or demolish a house or building
may be issued until after compliance with this section. The city will not burn a house or building at the owner's
request until the owner has complied with this section.
~8-104. Penalty for Violation
Any person violating the proVIsIOns of this article shall upon conVIctIon be deemed guilty of a
misdemeanor. Each day shall constitute a separate offense and be punishable as provided in this Code.
~8-1 05. Reserved
~8-106. Reserved
~8-107. Reserved
~8-108. Reserved
~8-109. Reserved
Article VI. Abatement of Unsafe Buildings
~8-110. Condemnation of Unsafe Buildings
Any building or other structure, or any part thereof which is in part or in whole structurally unsafe,
dilapidated, defective, unhealthful, insufficient, or unsafe for the purposes for which it is used, detrimental to the
community for any just cause, or in violation of the Grand Island City Code or Uniform Building Code as amended
and adopted, is hereby determined to be dangerous and shall be made safe by the owner of record of the property
within the time set forth in written notice from the Building Department Director, or his/her designee. Where
immediate action is deemed necessary to protect life, health, or property, the Building Department Director, or
his/her designee may direct such building or other structure or portion thereof to be vacated forthwith, closed and
not used or occupied until made safe as required by the said Building Department Director, or his/her designee. Any
buildings or other structures, or any part thereof which is determined after inspection by the Building Department
Director, or his/her designee to be dangerous as defined above, are hereby declared to be public nuisances and shall
be abated by repair, alteration, rehabilitation, demolition, or removal in accordance with this Code.
~8-111. Written Notice; Mailing, Contents
Whenever the Building Department Director, or his/her designee has inspected any building or other
structure, or any part thereof and determined that such property is a dangerous building, he/she shall send a written
notice to the owner of record of the property by ordinary first class mail and by certified mail, return receipt
requested, to the last known address of said owner. The written notice shall contain the following information:
(1) The street address and a legal description sufficient for identification of the premises on which the dangerous
property is located.
(2) A brief and concise description of the conditions found to render the property dangerous as defmed by this
Code.
(3) A brief and concise description of the action required to be taken to render the property in compliance with this
Code.
- 14-
Approved as to Form T
May 24, 2000 i.. City Attorney
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ORDINANCE NO. 8591 (Cant.)
(4) A brief and concise statement advising the owner of record that if required repair, alteration, rehabilitation,
demolition or removal work is not completed within the time specified, the Building Department Director, or his/her
designee may order the dangerous property vacated and posted to prevent further occupancy until the work is
completed, and may request consent of the mayor to have the city attorney file an action to abate the public nuisance
and charge the costs thereof against the real estate and the owner of record.
~8-112. Notice to Vacate; Posting
In the event the Building Department Director, or his/her designee directs any building or other structure or
any portion thereof to be vacated, a copy of a notice to vacate shall be served along with the written notice set forth
in ~8-111 and shall be posted at or upon each entrance to the property in substantially the following form:
NOTICE TO VACATE
DO NOT ENTER - UNSAFE TO OCCUPY
It is a misdemeanor to occupy this property
or to remove or deface this notice to vacate.
Dated
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation
By
Building Department Director
~8-113. Maintenance of Public Nuisance Unlawful
It shall be unlawful for any owner of record to maintain or permit any person to occupy any building or
other structure or any part thereof which is declared a public nuisance by the chief building inspector at the
expiration of the time period specified in the written notice set forth in ~ 8-111, or to permit any person to occupy
any building or other structure or any part thereof in violation of the Notice to Vacate set forth in ~8-112.
~8-114. Procedure for Abatement of Nuisances
If the owner of record of any property declared to be a public nuisance by the Building Department
Director, or his/her designee fails to abate said nuisance within the time specified in the written notice set forth in
~8-111, the City of Grand Island, at the written request of the Building Department Director, or his/her designee
directed to the City Attorney, may proceed to abate said public nuisance pursuant to ~20-15 of the Grand Island City
Code, and charge the costs thereof against the real estate or the owner of record.
In the event continuation of a public nuisance might cause irreparable harm or poses a serious threat to
public health, safety or welfare or the health, safety or welfare of residents of the property in violation, the written
notice to abate pursuant to ~20-15 shall not be required as a condition precedent to commencing a legal action to
obtain abatement of the nuisance and the City of Grand Island, with the consent of the Mayor, may immediately file
an action requesting such temporary or permanent order as is appropriate to expeditiously and permanently abate
said nuisance and protect the public health, safety or welfare or the health, safety or welfare of the residents of the
property in violation.
~8-115. Standards for Repair, Etc.
The following standards shall be observed or followed in determining whether a public nuisance shall be
repaired, altered, rehabilitated, demolished or removed:
(1) If the building or other structure or any part thereof can reasonably be repaired, altered, or rehabilitated so that
it will no longer exist in violation of the Grand Island City Code or Uniform Building Code as amended and
adopted, it shall be ordered repaired, altered, or rehabilitated.
(2) If the building or the structure or any part thereof is in such condition that it cannot reasonably be repaired so
that it will no longer exist in violation of the Grand Island City Code or Uniform Building Code as amended and
adopted, it shall be ordered demolished or removed.
(3) In any case where a building or other structure or any part thereof is fifty percent damaged, decayed or
deteriorated from its original value or structure, it shall be demolished or removed.
(4) In any case where a building or other structure or any part thereof is a fire hazard existing in violation of the
Grand Island City Code or Uniform Building Code as amended or adopted, or the Statutes of the State of Nebraska,
including but not limited to the Life Safety Code, it shall be demolished or removed.
- 15 -
Approved as to Form ,.. CJ12::f'
May 24, 2000 ... City Attorney
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ORDINANCE NO. 8591 (Cont.)
~8-116. Reserved
~8-117. Reserved
~8-118. Reserved
~8-119. Reserved
Article VII. Property Maintenance Code
Division 1. Title and Scope
~8-120. Title
These regulations shall be known as the "Property Maintenance Code," may be cited as such, and will be
referred to herein as "this code."
~8-121. Purpose
The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and
public welfare by regulating and controlling the use of occupancy, location and maintenance of all residential and
commercial building and structures within this jurisdiction.
~8-122. Scope
The provisions of this code shall apply to all buildings or portions thereof. Such occupancies in existing
buildings may be continued as provided in the Building Code, except such structures as are found to be substandard
as defined in this code.
Where any building or portion thereof is used or intended to be used as a combination apartment house-
hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings.
Every rooming house or lodging house shall comply with all the requirements of this code for dwelling.
~8-123. Application to Existing Buildings and Structures
(1) Additions, Alterations or Repairs. For additions, alterations or repairs, see the Building Code.
(2) Relocation. Buildings or structures moved into or within this jurisdiction shall comply with the requirements in
the Building Code for new buildings and structures.
~8-124. Reserved
~8-125. Reserved
~8-126. Reserved
~8-127. Reserved
Division 2. Enforcement
~8-128. General
(1) Authority. The building official is hereby authorized and directed to enforce all of the provisions of this code.
For such purposes, he shall have the powers of a law enforcement officer. He is empowered to adopt and enforce
rules and regulations to clarify and expand the provisions of this code in conformity with the spirit and intent of its
stated purpose.
(2) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or
whenever the building official or his authorized representative has reasonable cause to believe that there exists in
any building or upon any premises any condition or code violation which makes such building or premises unsafe,
dangerous or hazardous, the building official or his authorized representative may enter such building or premises at
all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code,
provided that if such building or premises be occupied, he shall first present proper credentials and request entry;
and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request entry. If such entry is refused, the building
official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
- 16 -
Approved as to Form T
May 24, 2000 ... CI y Attorney
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ORDINANCE NO. 8591 (Cont.)
(3) Responsibilities Defined. Every owner remains liable for violation of duties imposed upon him by this code
even though an obligation is also imposed on the occupants of his building, and even though the owner has, by
agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this code.
All buildings and structures and all parts thereof shall be maintained in a safe and sanitary condition. The owner or
his designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the
building may be reinspected.
Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural
condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a
clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling
units.
Every owner shall, where required by this code, the health ordinance or the health officer, furnish and maintain
such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or
facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be
responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically
made the responsibility of the occupant by law or ruling.
Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe
condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all
his rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the
health officer.
Every occupant shall, where required by this code, the health ordinance or the health officer, furnish and maintain
approved devices, equipment or facilities necessary to keep his premises safe and sanitary.
~8-129. Substandard Buildings
All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance
with the procedure specified in Article VI of Chapter 8 of the Grand Island City Code.
~8-130. Violations
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit
the same to be done in violation of this code.
~8-131. Reserved
~8-132. Reserved
~8-133. Reserved
~8-134. Reserved
Division 3. Permits and Inspections
~8-135. General
No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first
been obtained from the building official in the manner and according to the applicable conditions prescribed in the
Building Code.
~8-136. Fees
Whenever a building permit is required by the Building Code, the appropriate fees shall be paid to the
building official as specified for building permits in the City of Grand Island Fee Schedule.
~8-137. Inspection
All building or structures within the scope of this code and all construction or work for which a permit is
required shall be subject to inspection by the building official in accordance with and in the manner provided by this
code and the Building Code.
- 17 -
Approved as to Form
May 24, 2000
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ORDINANCE NO. 8591 (Cont.)
~8-138. Reserved
~8-139. Reserved
~8-140. Reserved
Division 4. Definitions
~8-141. Definitions
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 Building Code. Where terms are not defined, they shall have
their ordinary accepted meanings within the context with which they are used. Webster's Third New International
Dictionary of the English Language, Unabridged, copyright 1981, 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.
BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building
Officials, as adopted by this jurisdiction
EFFICIENCY DWELLING UNIT is a dwelling unit containing only one habitable room and meeting the
requirements of the Building Code, Exception.
HEALTH OFFICER is the legally designated head of the Department of Health of this jurisdiction.
HOT WATER is hot water supplied to plumbing fixtures at a temperature of not less than 11OoF.
MECHANICAL CODE is the Uniform Mechanical Code promulgated jointly by the International Conference of
Building Officials and the International Association of Plumbing and Mechanical Officials, as adopted by this
jurisdiction.
NUISANCE. The following shall be defined as nuisances:
(1) Any public nuisance known at common law or in equity jurisprudence.
(2) Any attractive nuisance which may prove detrimental to children whether in a building, or the premises of
a building, or upon 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.
(3) Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.
(4) Overcrowding a room with occupants.
(5) Insufficient ventilation or illumination.
(6) Inadequate or unsanitary sewage or plumbing facilities.
(7) Uncleanliness, as determined by the health officer.
(8) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as
determined by the health officer.
PLUMBING CODE is the Uniform Plumbing Code promulgated by the International Association of Plumbing and
Mechanical Officials.
WORKMANLIKE is executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and
without marring adjacent work.
~8-142. Reserved
~8-143. Reserved
~8-144. Reserved
Division 5. Space and Occupancy Standards
~8-145. Location on Property
All buildings shall be located with respect to property lines and to other buildings on the same property as
required by the Building Code.
~8-146. Yards and Courts
(1) Scope. This section shall apply to yards and courts having required windows opening therein.
- 18 -
Approved as to Form T C-Ji"C'
May 24. 2000 ... City Attorney
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ORDINANCE NO. 8591 (Cont.)
(2) Yards. Every yard shall be not less than 3 feet in width for one-story and two-story buildings. For buildings
more than two stories in height the minimum width of the yard shall be increased at the rate of 1 foot for each
additional story. Where yards completely surround the building, the required width may be reduced by 1 foot. For
buildings exceeding 14 stories in height, the required width of yard shall be computed on the basis of 14 stories.
(3) Courts. Every court shall be not less that 3 feet in width. Courts having windows opening on opposite sides
shall be not less than 6 feet in width. Courts bounded on three or more sides by the walls of the building shall be not
less that 10 feet in length unless bounded on one end by a public way or yard. For buildings more than two stories in
height the court shall be increased 1 foot in width and 2 feet in length for each additional story. For buildings
exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories.
Adequate access shall be provided to the bottom of all courts for cleaning purposes. Every court more than two
stories in height shall be provided with a horizontal air intake at the bottom not less than lO square feet in area and
leading to the exterior of the building unless abutting a yard or public way. The construction of the air intake shall
be as required for the court walls of the building, but in no case shall be less than one-hour fire-resistive.
~8-147. Room Dimensions
(1) Ceiling Heights. Habitable space shall have a ceiling height of not less than 7 feet 6 inches except as otherwise
permitted in this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less
than 7 feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at
less than 48 inches on center, ceiling height shall be measured to the bottom of these members. Where exposed
beam ceiling members are spaced at 48 inches or more on center, ceiling height shall be measured to the bottom of
the deck supported by these members, provided that the bottom of the members is not less than 7 feet above the
floor.
If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-
half the area thereof. No portion of the room measuring less than 5 feet from the finished floor to the finished ceiling
shall be included in any computation of the minimum area thereof.
If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no
case shall the height of the furred ceiling be less than 7 feet.
(2) Floor Area. Every dwelling unit shall have at least one room which shall have not less than 120 square feet of
floor area. Other habitable rooms, except kitchens, shall have an area of not less that 70 square feet. Where more
than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of
50 square feet for each occupant in excess of two.
EXCEPTION: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment
house meeting the following requirements:
(a) The unit shall have a living room of not less than 220 square feet of superficial floor area. An
additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in
excess of two.
(b) The unit shall be provided with a separate closet.
(c) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each
having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this
code shall be provided.
(d) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or
shower.
(3) Width. No habitable room other than a kitchen shall be less than 7 feet in any dimension.
Each water closet stool shall be located in a clear space not less than 30 inches in width and a clear space in front
of the water closet stool of not less than 24 inches shall be provided.
~8-148. Light and Ventilation
(1) Natural Light and Ventilation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be
provided with natural light by means of exterior glazed openings with an area not less than one twentieth of the floor
area of such rooms with a minimum of 5 square feet. All bathrooms, water closet compartments, laundry rooms and
similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not
less than one-twentieth of the floor area of such rooms with a minimum of 1 1/2 square feet. All guest rooms,
dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of
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May 24, 2000 A City A orney
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openable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a
minimum of 5 square feet.
(2) Origin of Light and Ventilation. Required exterior openings for natural light and ventilation shall open directly
onto a street or public alley or a yard or court located on the same lot as the building.
EXCEPTION: Required windows may open into a roofed porch where the porch:
(a) Abuts a street, yard, or court; and
(b) Has a ceiling height of not less than 7 feet; and
(c) Has the longer side at least 65 percent open and unobstructed.
A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not
less than 4 feet in least dimension. No vent shaft shall extend through more than two stories.
For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an
adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of
not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater.
(3) Mechanical Ventilation. In lieu of openable windows for natural ventilation, a mechanical ventilation system
may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms,
dormitories, habitable rooms, and in public corridors. One-fifth of the air supply shall be taken from the outside. In
bathrooms, water closet compartments, laundry rooms, and similar rooms, a mechanical ventilation system
connected directly to the outside or into attic space properly ventilated in compliance with the current uniform
building code capable of providing five air changes per hour, shall be provided.
(4) Hallways. All public hallways, stairs and other exitways shall be adequately lighted at all times in accordance
with the Building Code.
~8-149. General
(1) Dwelling Units and Lodging Houses. Every dwelling unit and every lodging house shall be provided with a
bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower.
(2) Hotels. Where private water closets, lavatories and baths are not provided, there shall be provided on each floor
for each sex at least one water closet and lavatory and one bath accessible from a public hallway. Additional water
closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten
guests, or fractional number thereof in excess often. Such facilities shall be clearly marked for "Men" or "Women."
(3) Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen
sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted.
(4) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal
system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and
cold running water necessary for its normal operation.
All plumbing fixtures shall be of an approved glazed earthenware type of a similarly nonabsorbent material.
(5) Water Closet Compartments. Walls and floors of water closet compartments, except in dwellings, shall be
finished in accordance with Section 511 of the Building Code.
(6) Room Separations. Every water closet, bathtub or shower required by this code shall be installed in a room
which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food
preparation or storage rooms by a tight-fitting door.
(7) Installation and Maintenance. All sanitary facilities shall be installed and maintained in safe and sanitary
condition and in accordance with applicable requirements of the Plumbing Code.
~8-150. Grading and Drainage
All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon, or
within any structure located thereon.
~8-151. Accessory Structures
All accessory structures, including detached garages, fences and walls, shall be maintained structurally
sound and in good repair.
~8-152. Insect Screens
During the period from June 1 to October 31 every door, window and other outside opening used or
required for ventilation purposes serving any building containing habitable rooms, food preparation areas, food
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Approved as to Form ...
May 24. 2000 ... City Attorney
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ORDINANCE NO. 8591 (Cant.)
service areas, or any areas where products used in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and
every swinging door shall have a self-closing device in good working condition.
EXCEPTION: Screen doors shall not be required for out-swinging doors or other types of openings which make
screening impractical, provided other approved means, such as air curtains or insect repellent fans are employed.
~8-153. Doors
All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling
units, rooming units and guest rooms shall tightly secure the door.
~8-154. Accumulation of Rubbish or Garbage
The interior of every structure shall be free from any accumulation of litter, as defined in S 17 -1 of the
Grand Island City Code.
~8-155. Reserved
~8-156. Reserved
~8-157. Reserved
~8-158. Reserved
Division 6. Structural Requirements
~8-159. General
(1) General. Buildings or structures may be of any type of construction permitted by the Building Code. Roofs,
floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all
forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in
accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building
Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the
Building Code. .
(2) Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the
elements and to exclude dampness.
(3) Protection of Materials. All wood shall be protected against termite damage and decay as provided in the
Building Code.
~8-160. Reserved
~8-161. Reserved
~8-162. Reserved
Division 7. Mechanical Requirements
~8-163. Heating and Ventilation
(1) Heating. Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a
room temperature of 70 degrees F. Such facilities shall be installed and maintained in a safe condition and in
accordance with the provisions of the Grand Island City Code, and all other applicable laws. No unvented or open
flame gas heater or apparatus shall be permitted. All heating devices or appliances shall be of an approved type.
(2) Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a
safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
(3) Ventilation. Ventilation for rooms and areas, and for fuel burning appliances shall be provided as required in
the Grand Island City Code. Ventilating equipment shall be of an approved type, installed and maintained in a safe
manner and in compliance with the current uniform building code and all other applicable laws. When mechanical
ventilation is provided in lieu of the natural ventilation, such mechanical ventilating system shall be maintained in
operation during the occupancy of any building or portion thereof.
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May 24, 2000
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ORDINANCE NO. 8591 (Cont.)
~8-164. Facilities Required
Every building used for human occupancy shall be provided with an electrical system in compliance with
the requirements of the National Electric Code - NFPA Article 70.
~8-165. Receptacles
Every habitable space in a dwelling shall contain at lease two separate and remote receptacle outlets. Every
laundry area shall contain at least one grounded type receptacle. Every bathroom shall contain at least one
receptacle.
~8-166. Lighting Fixtures
Every public hall, interior stairway, watercloset compartment, bathroom, laundry room and furnace room
shall contain at least one electric lighting fixture.
~8-167. Service
The size and usage of appliances and equipment shall be used as a basis for determining the need for
additional facilities in accordance with NFP A 70. Every dwelling shall be served by a main service which is not less
than 60 ampere, three wire.
~8-168. Installation
All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and
approved manner.
~8-169. Electrical System Hazards
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation,
deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate
the hazard.
~8-170. Reserved
~8-171. Reserved
~8-172. Reserved
Division 8. Exits
~8-173. General
Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. All
buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by the Building
Code.
Every sleeping room below the fourth story shall have at least one operable window or exterior door
approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening
without the use of separate tools.
~8-174. Reserved
~8-175. Reserved
~8-176. Reserved
Division 9. Fire Protection
~8-177. General
(1) All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by
the Building Code for the appropriate occupancy, type of construction and location on property; and shall be
provided with the appropriate fire-extinguishing systems or equipment required by the Building Code.
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Approved as to Form T ca
May 24, 2000 ... City /(tto:ey
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ORDINANCE NO. 8591 (Cont.)
(2) Smoke detector; number; location; operation. Smoke detectors shall be mounted in accordance with the rules
and regulations regarding the number and location of smoke detectors in accordance with the Building Code. When
activated, the detector shall provide and alarm in the dwelling unit, guest room, dormitory, or mobile home.
(3) Smoke detector; rental property; responsibility for installing, maintaining.
(a) Except as provided in subsection (b) of this subsection, the owner of every apartment house, dwelling,
hotel, lodging house, dormitory, or mobile home or the owner's authorized agent shall be required to supply,
install, maintain, and test the smoke detectors.
(b) In case of a dwelling unit, guest room, hotel room, or mobile home which is being occupied for one month
or more by the same occupant, it shall be the responsibility of such occupant to perform the tests on the smoke
detector as are recommended by the manufacturer's instructions and immediately notify, in writing, the owner
or authorized agent of any deficiencies. The owner of the dwelling, apartment house, lodging house, hotel, or
mobile home shall provide a notice to such occupant containing instructions for the testing of the device. For
purposes of this subsection, deficiencies shall not include a worn battery or other replaceable energy unit. The
occupant shall be responsible for replacement of the battery or unit, except that such battery or unit shall be in
operating condition at the time the occupant takes possession. The owner or authorized agent shall correct any
reported deficiencies in the smoke detector and shall not be in violation of this section for a deficient smoke
detector when he or she has not received notice of the deficiency.
(c) In buildings constructed prior to January 1, 1982, smoke detectors shall not be required to be attached to a
centralized power source.
(d) Subsection 3 of S8-l77 shall apply solely to rental property.
~8-178. Reserved
~8-179. Reserved
~8-180. Reserved
~8-181. Reserved
Division 10. Substandard Buildings
~8-182. Standards
(1) General. Any building or portion thereof, including any dwelling unit, guest room, or suite of roOillS, or the
premises on which the same is located, in which there exists any of the following listed conditions to an extent that
endangers 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. The extent of danger of life, limb, health, property, safety, or
welfare of the public or the occupants thereof shall be determined by the chief building inspector and the health and
sanitation officer, and upon request, the fire chief.
(2) Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following:
(a) Lack of, or improper water closet, lavatory bathtub or shower in a dwelling unit or lodging house.
(b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel.
(c) Lack of, or improper kitchen sink in a dwelling unit.
(d) Lack of hot and cold running water to plumbing fixtures in a hotel.
(e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.
(f) Lack of adequate heating facilities.
(g) Lack of, or improper operation of required ventilating equipment.
(h) Lack of minimum amounts of natural light and ventilation required by this code.
(i) Room and space dimensions less than required by this code.
m Lack of required electrical lighting.
(k) Dampness of habitable rooms.
(1) Infestation of insects, vermin or rodents as determined by the health officer.
(m) General dilapidation or improper maintenance.
(n) Lack of connection to required sewage disposal system.
(0) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer.
(3) Structural Hazards. Structural hazards shall include but not be limited to the following:
(a) Deteriorated or inadequate foundation.
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May 24, 2000
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ORDINANCE NO. 8591 (Cont.)
(b) Defective or deteriorated flooring or floor supports
(c) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(d) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective
material or deterioration.
(e) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads
with safety.
(f) Members of ceilings, roofs, ceiling and roof supports or other horizontal members with sag, split or buckle
due to defective material or deterioration.
(g) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient
size to carry imposed loads with safety.
(h) Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration.
(i) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(4) Nuisance. Any nuisance as defined in this code.
(5) Hazardous Electrical Wiring. Electrical wiring which was installed in violation of code requirements in effect
at the time of installation or electrical wiring not installed in accordance with generally accepted construction
practices in areas where no codes were in effect or which has not been maintained in good condition or which is not
being used in a safe manner shall be considered substandard.
(6) Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of
installation or plumbing not installed in accordance with generally accepted construction practices in areas where no
codes were in effect or which has not been maintained in good condition or which is not free of cross-connections or
siphonage between fixtures shall be considered substandard.
(7) Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code
requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally
accepted construction practices in areas where no codes were in effect or which hasnot been maintained in good and
safe condition shall be considered substandard.
(8) Faulty Weather Protection, which shall include but not be limited to the following:
(a) Deteriorated, crumbling or loose plaster.
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken
windows or doors.
(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering
due to lack of paint or other approved protective covering.
(d) Broken, rotten, split or buckled exterior wall coverings or roof coverings.
(9) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation
which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or
explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(10). Faulty Materials of Construction. All materials of construction except those which are specifically allowed or
approved by this code and the Building Code, and which have been adequately maintained in good and safe
condition.
(11) Hazardous or Unsanitary Premises. Those premises on which an accumulation of litter, weeds, vegetation,
junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar
materials or conditions constitute fire, health or safety hazards.
(12) Inadequate Exits. Except for those buildings or portions thereof which have been provided with adequate exit
facilities conforming to the provisions of this code, buildings or portions thereof whose exit facilities were installed
in violation of code requirements in effect at the time of their construction or whose exit facilities have not been
increased in number or width in relation to any increase in occupant load due to alterations, additions or change in
use or occupancy subsequent to the time of construction shall be considered substandard.
Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or
portions thereof shall be considered substandard when the building official finds that an unsafe condition exists
through an improper location of exits, a lack of an adequate number or width of exits, or where other conditions
exist which are dangerous to human life.
(13) Inadequate Fire-protection or Fire-fighting Equipment. All buildings or portions thereof which are not
provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except
those buildings or portions thereof which conformed with all applicable laws at the time of their construction and
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Approved as to Form T
May 24, 2000 ... City Attorney
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ORDINANCE NO. 8591 (Cont.)
whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and
improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(14) Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining
purposes which were not designed or intended to be used for such occupancies.
~8-183. Reserved
~8-184. Reserved
~8-185. Reserved
Division 11. Graffiti
~8-186. Intent
Graffiti on public and private property is a blighting factor which not only depreciates the value of the
property which has been the target of such malicious vandalism, but also depreciates the value of the adjacent and
surrounding properties, and in so doing, negatively impacts upon the entire community. The City Council finds and
determines that graffiti is a nuisance and unless it and other inscribed material is removed from public and private
properties, it tends to remain.
~8-187. Definitions
Whenever the following terms are used in this division, they shall have the meanings established by this section:
Graffiti means the defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other
similar substances on public and private buildings, structures and places.
Graffiti abatement procedure means an abatement procedure which identifies graffiti, issues notice to the
landowner to abate the graffiti, and cures in absence of response.
Private contractor means any person with whom the city shall have duly contracted to remove graffiti.
~8-188. Graffiti - Prohibited
It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate,
other structure, tree, or other real or personal property, either publicly or privately owned, any drawing, inscription,
figure or mark of the type which is commonly known and referred to as "graffiti" within the city.
~8-189. Same - Violation; penalty
Any person who is convicted of violating S 8-1 08 shall be punished by a fine pursuant to S 1-7 of the Grand
Island City Code. In addition to such punishment, the court may, in imposing sentence, order the defendant to
restore the property so defaced, damaged or destroyed.
~8-190. Same - Notice of removal
Whenever the City Administrator, or his/her designee determines that graffiti exists on any public and
private buildings, structures and places which are visible to any person utilizing any public right-of-way in this city,
be this road, parkway, alley, or otherwise, and that seasonal temperatures permit the painting of exterior surfaces,
the City Administrator, or his/her designee shall cause a notice to be issued to abate such nuisance. The property
owner shall have ten (10) days after the date of the notice to remove or paint over the graffiti, or the conditions will
be subject to abatement by the city. If the property owner elects to paint over the graffiti, the paint used to obliterate
the graffiti shall be as close as practicable to background color(s).
The notice to abate graffiti pursuant to this section shall consist of a written notice to be served upon the
owner(s) of the affected premises, as such owner's name and address appears on the last property tax assessment
rolls of the county. If there is no known address for the owner, the notice shall be sent in care of the property
address. The notice required by this section may be served in anyone of the following manners:
(1) By personal service on the owner, occupant or person in charge or control of the property.
(2) By registered or certified mail addressed to the owner at the owner's last known address. If this address
is unknown, the notice will be sent to the property address.
The notice shall be substantially in the following form:
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Approved as to Form " C~
May 24, 2000 '" City p;ttorney
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ORDINANCE NO. 8591 (Cont.)
NOTICE OF INTENT TO REMOVE GRAFFITI
Date:
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove
or paint over the graffiti located on the property commonly known as:
, Grand Island, Nebraska, which is visible to public
view, within ten (10) days after the date of this notice; or, if you fail to do so, City
employees or private contractors employed by the City will enter upon your property and
abate the public nuisance by removal or painting over the graffiti. The cost of the
abatement by the City employees or its private contractors will be assessed upon your
property and such costs will constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matters are hereby notified to
submit any objections or comments to the City Administrator of the City of Grand Island,
Nebraska, or his/her designee within forty-eight (48) hours from the date of this notice.
At the conclusion of this ten (10) day period, the City may proceed with the abatement of
the graffiti inscribed on your property at your expense without further notice.
City of Grand Island, Nebraska, Municipal Corporation,
By:
Title:
~8-191. City's Costs Declared Lien
Any and all costs incurred by the city in the abatement of the graffiti nuisance under the provisions of this
division may constitute a lien against the property upon which such nuisance existed.
~8-192. Removal by City
Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter
as the City Administrator, or his/her designee approves, then the City Administrator, or his/her designee, with the
consent of the Mayor, is authorized and directed to cause the graffiti to be abated by city forces or private contract,
and the city or its private contractor is expressly authorized to enter upon the premises for such purposes. All
reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate
graffiti shall be as close as practicable to background color(s). If the City Administrator provides for the removal of
the graffiti or other inscribed material, he shall not authorize nor undertake to provide for the painting or repair of
any more extensive area than that where the graffiti or other inscribed material is located.
~8-193. Private Property Consent Forms
Property owners in the city may consent in advance to city entry onto private property for graffiti removal
purposes. The city will make forms for such consent available.
SECTION 2. Chapter 8 of Grand Island City Code as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand
Island Independent as provided by law, and on July 1,2000.
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Approved as to Form "
May 24, 2000 ...
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ORDINANCE NO. 8591 (Cont.)
Enacted: May 23,2000.
Attest:
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Approved as to Form T ~
May 24. 2000 A City Attorney