08-13-08 Council Agenda - Laserfiche WebLink

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Page 3 of 20 (A) Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this Chapter, the code official shall have the authority to grant modifications for individual cases. The code official shall first find that strict compliance with this Chapter imposes an undue hardship on the owner, and that modification does not lessen health, aesthetic, life and fire safety requirements. Modifications shall only relate to such things as alternative materials, methods, and equipment, or an extension of time to remedy code violations; however no modifications from specific code requirements shall be granted. The details of action granting modifications shall be recorded and entered in the Department files. (B) Alternative Materials, Methods And Equipment: The provisions of this Chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Chapter, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire resistance, durability and safety. (C) Required Testing: Whenever there is insufficient evidence of compliance with the provisions of this Chapter, or evidence that a material or method does not conform to the requirements of this Chapter, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the City. (D) Test Methods: Test methods shall be as specified in this Chapter or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. (Ord. 706, 3-16-1998) 4-8-1-6: VIOLATIONS: ~H) Unlawful Acts: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this Chapter. (B) Notice Of Violation: The code official shall serve a notice of violation or order in accordance with Section 4-8-1_7 of this Chapter or as required by State statute. (C) Prosecution Of Violation: If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Chapter or of the order or direction made pursuant thereto. (D) Violation Penalties: Any person who shall violate a provision of this Chapter, or fail to comply therewith, or with any of the requirements thereof is guilty of a misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (E) Abatement Of Violation: The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent legal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. (Ord. 706, 3-16-1998) 4-8-1-7: NOTICES AND ORDERS: (A) Notice To Owner Or To Person Or Persons Responsible: Whenever the code official determines that there has been a violation of this Chapter or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in subsections (B) and (C) of this Section. (B) Form: Such notice prescribed in subsection (A~ of this Section shall: http://66.113.195.234/NIN/Burnsville/docbar.htm 6/9/2006