There is hereby incorporated by the governing body of the City of Bird City, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipping, use and occupancy, location and maintenance of buildings and structures including permits and penalties that certain building code known as the Basic Building Code, recommended by the Building Officials and Code Administrators International, Inc., being particularly the 1978 Edition thereof, save and except such portions as are hereinafter deleted, modified or amended.

(Code 1998, 4-101; Code 2022)

There shall not be less than three (3) copies of the Uniform Code as adopted by this article kept in the office of the City Clerk of the City of Bird City and said copies shall be marked “Official copy of the City of Bird City, Kansas Building Code.”

(Code 1998, 4-102; Code 2022)

This article shall not be construed to relieve from responsibility or lessen the responsibility of any person, firm or corporation owning, controlling or constructing buildings within the City of Bird City, Kansas, nor shall the City be held as assuming any liability of any nature by reason of the inspection authority hereby issued to the City Building Inspector of the inspection of the buildings of said city.

(Code 1998, 4-103; Code 2022)

The office of building official is hereby created and the executive official in charge shall be known as the building official. The building official shall be the city superintendent. His appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the building official the appointing authority shall designate an acting building official.

(Code 1998, 4-104; Code 2022)

It shall be the duty of the building official to enforce all laws relating to the construction, alteration, removal and demolition of building and structures.

(Code 1998, 4-105; Code 2022)

The building official or any employee charged with the enforcement of this code, acting in good faith, and without malice for the city in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act of omission in the discharge of his duties. Any suit brought against the building official or employee, because of such act or omission performed by him in the enforcement of any provisions of this code, shall be defended by the legal department of the city until final termination of the proceeding.

(Code 1998, 4-106; Code 2022)

The building official, in the discharge of his official duties and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.

(Code 1998, 4-107; Code 2022)

Definitions of terms as used in this article shall be as follows:

(a)   Whenever the word “Municipality” is used in the building code, is shall be held to mean the City of Bird City, Kansas;

(b)   Whenever the term “Corporation Counsel” is used in the building code, it shall be held to mean the attorney for the city.

(Code 1998, 4-108; Code 2022)

Building permits shall be $5.00 for up to $10,000.00 valuation, and $5.00 for each $10,000.00 increment thereafter (e.g., a $27,000.00 project would have a permit cost of $15.00.)

(Code 1998, 4-109; Code 2022)

It shall be unlawful for any person, firm, or corporation to erect, use, occupy or maintain any building or structure in violation of any provision of this article or to cause, permit of suffer any such violation to be committed. Any such person, firm or corporation shall, upon conviction thereof, be fined not less than ten dollars ($10.00): Provided, That it shall be the responsibility of the offender to abate the violations expeditiously as possible after notice, and each day that any violation is permitted to continue after the date specified within which said notice shall state for the abatement or correction of the work constituting a violation shall be a separate offense.

(Code 1998, 4-110; Code 2022)