Article 2. Building Permits


§9-201               BUILDING PERMITS; PERMIT REQUIRED. Any person or persons intending to construct, relocate, or demolish a building or other structure including the installation of a water heat pump to such building or structure, within the corporate limits of the Municipality shall before proceeding with said work, or commencing any excavation in connection therewith, file in the office of the Municipal Clerk or other agent designated by the Mayor and City Council, a written application designating the kind of building, structure or addition, or character, or extent of repairs which he intends to erect or make, materials of which the same is to be composed, and the legal description and location of the real estate, the part or portion of the real estate to be occupied by the building or improvement, the approximate cost thereof, the public utilities, municipal or otherwise, proposed to be connected with and available for use by the occupants or users of said building or improvement, and a detailed description of the type of construction and material used therein, and especially each chimney, smoke stack, flue and fireplace to be erected or constructed in connection therewith, together with any additional plans and specifications as may be required by the Mayor and City Council and shall obtain a permit therefor as hereinafter provided. (City Ordinance 329)


§9-202               BUILDING PERMITS; APPLICATION; APPROVAL OF REQUIREMENTS; ISSUANCE. An application for a building permit shall be filed in the office of the Municipal Clerk or other agent designated by the Mayor and City Council, who shall refer it to the Building Inspector. He shall thereupon make due investigation, and if he finds that the proposed work will conform to the statutes of the State of Nebraska and the ordinances and regulations of the Municipality, and that no good cause of any nature exists why said work should not be done, the Building Inspector shall thereupon approve said application and make due return thereof to the office of the Municipal Clerk. The Municipal Clerk, if the application conforms to the provisions of this section and to all other ordinances of the Municipality, shall, at the expiration of seventy-two (72) hours thereafter, issue the permit unless protest is filed as herein provided, if said application for building permit concerns a building, structure or addition which is located outside the fire limits. The Building Inspector, before a building permit shall issue, shall by endorsement in writing on said application find that said construction, improvement or repair conforms to the building regulations, the requirements of the ordinances of the Municipality regulating fire hazards, non-combustible building construction, electrical construction and wiring, and also that proper applications for light, water and sewer connections for the building proposed to be constructed or repaired are on file in the office of the Municipal Clerk or that such utilities are already connected to said building, as the case is. If the application be disapproved by the Building Inspector or Chief of the Fire Department, or if any citizen of the Municipality shall file objections in writing to the issuance of such permit before the same is issued, the Municipal Clerk shall present said application, together with all plans and specifications and findings, to the Mayor and City Council, who then shall determine whether the permit shall be issued; provided, if the application for a building permit concerns a building, structure or addition within the fire limits, then the Building Inspector shall in each instance refer said application, with all supporting documents attached, to the Mayor and City Council, who shall, in each case, order the Municipal Clerk either to issue the building permit or to refuse the issuance thereof.


§9-203               BUILDING PERMITS; FEES; CERTIFICATE OF SATISFACTORY CONSTRUCTION. The City Clerk, on behalf of the Building Inspector, shall at the time of the filing of any application for the issuance of any building permit, charge and collect a fee in the following amount: Twenty Dollars ($20.00) for the first $2,000 of the valuation of the building project, and an additional One Dollar ($1.00) for each additional $1,000 of valuation of the building project. The permit fee shall cover the issuance of the permit and all inspection of the premises required. The fee shall be paid to the City Treasurer for credit to the City general fund. The Building Inspector shall deliver to the applicant a certificate of satisfactory construction when the building is completed in accordance with Article 9 and no utility shall be made available for use in the building until the certificate is issued and delivered. (City Ordinance #386)


§9-204               BUILDING PERMITS; VARIANCE REQUEST FEES. At the time of the filing of any application for a variance as provide for by Article 4, Section 4.25, of the Henderson City Zoning Code, the applicant shall pay to the City Clerk a fee in the sum of One Hundred Dollars ($100,00), which shall not be refunded, for the purpose of the reimbursing the City for expenses incurred in processing the variance request. The fee shall be paid to the City Treasurer for credit to the City general fund. (City Ordinance #387)


§9-205               BUILDING PERMITS; PERMIT LIMITATIONS. (1) If the work described in any building permit has not begun within one hundred eighty (180) days from the date of issuance thereof, said permit shall expire and be canceled by the Municipal Clerk, and written notice thereof shall be given to the persons affected.

             (2)        If the work described in any building permit has not been substantially completed within two (2) years of the date of issuance thereof, said permit shall expire and be canceled by the Municipal Clerk, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.


§9-206               BUILDING PERMITS; WORK WITHOUT REQUIRED PERMIT; VIOLATION. It shall be unlawful for any contractor or any other person engaged in the actual work of constructing, improving, repairing, relocating, or demolishing any building or other structure within the corporate limits of the Municipality or of making any improvements or repairs on any building or structure within the corporate limits of the Municipality to proceed with the work until he knows the owner has obtained the permit as provided for in this Chapter. The Building Inspector shall order cessation of any work so started before issuance of said permit.