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Ordinance 223- 000 (9000 - AN ORDINANCE 1U',EI;DIY1G TT4 i UNICIP.41 1 CODE CF TE], 'CITE' CF GILROY, BY CWGIXG SE'CTIOITS242 T=F,OF, AND ::DOING N37 SECTICFTS THERMTO .`AXING REGULATIONS n CONC'{' TYING THE ERECTION,,. LTE.1LTICN, R. l'AIR AND COND&INATION OF BUILD- INGS WITTIM T!7"' FIR:,-," LI.'ITS OF THEE CITY OF GILBDY. The Ylayor and Common Council of the City of Gilroy, do ordain as follows, towit; Sec. 1 - That The Municipal Code of the City of Gilroy be and the same is hereby amended by changing section 241 to read as follows, towit: `. " See. 241. The exterior walls of all buildings hereafter erected Vi within the fire limits established by this Ordinance, and the exterior walls Qf avy building erected in any part of the Oity, after it shall have been included within the fire limits shall be made and constructed of brick, con- crete, stone, or iron, with parapets or fire wall at least two feet above the roof on all sides. All roofs of such buildings within the,fire limits shall be covered with fire -proof materials and Ise constructed so as to afford protection against fire.'" Sec. 2 - That The Itunidipal Code of the City of Gilroy, be and the same is hereby amended by changing Beetion 242 to read as follows, towit: "Sec. 242, No building or structure ahall'be ereete�, enlarged, ohang- ed, altered or repaired, Vin the fire limits of the City of Gilroy with - outA having first obtained from the ":ayor and Common Council a permit so to do. In order to obtain such a permit, an,"application therefor, in writing must be filed in the office of the City Clerk. If for the erection or con - struction of a new building or structure, the application shall state the exact site selected for the erection of suah- i.mewabui3ding or structure, together with the demensions of the proposed new building or structure, a description of the material to be used in its construction, and an estimate of the probable cost thereof and of the time necessary for the erection or construction thereof. In case of enlargement, change, alteration or repair of a building or structure within the fire limits of the City of Gilroy, the application shall state the exact location of said building or structure with a full description of the enlargements, changes, alterations or repairs sought to be made, and a description of the nateria.ls to be used in making such enlargements, changes, alterations or repairs and of the time necessary therefor. When such an application has been filed with the City.Clerk he shall immediately notify the chairman of the Fire Department Committee of the Common Council, and the chief of the Fire Department of the f3ity of Gilroy thereof, and thereupon it shall be the duty of the Fire Department Committee of the Common Council and of the chief of the Fire Department of the City of Gilroy, to investigate the plans and specifications of any pro- posed new building or structure, amok 46 , and to inspect any building or structure sought to be enlarged, changed, altered or repaired, and the plans and specifications for the enlargement, change, alteration or repair thereof, and report them to the 14ayor and Common Council. If said Lire Department committee. or a majority thereof and the chief of the Fire Department of the City of Gilroy, report in favor of granting said application, then the Kayor and Common Council may issue a permit to be signed by the City Clerk, giving permission to erect, enlarge,, alter or rellair such building or con - struotion in conformity with the application previously filed in the office the use of of the City Clerk. Said permit may also authorizenone -third of the roadway and one -half of the sidewalk in front of the premises where said building or structure is to be enlarge€, changed altered or repaired and may also vl limit the time for which permit shall continue. The Mayor and Common Eoun- oil may.-zequire plans of any new building or structure, or specifications for the enlargement, change, alteration or repair of any other building 6r structure to be sabmaitted for inspection, and filed with the City Clerk before it shall issue a permit. If work is not commenced on the proposed new building or structure, or on the enlargement, change, alteration or re- pair of any other building or structure within 35 days frora the date of the issuance of such permit, the same shall be forfeited and void; provided,how�- ever, the i ayor and Common Council may extend the time within which work on the erection, enlargement, change, alteration,or repair of any building may be commenced. The Fire Department Committee of the Comzion Council and the C'-ief of the Fire Department of said city shall have discretionary power to authorize minor or incidental repairs to be made to any building or structure within the fire limits of the City when the cost of which re- pairs will not exceed the sum of one hundred dollars, without requiring a (2) i petition to be filed with the City Clerk by the owner or contradtor, and without any action upon the same by the P.syor and Common Council, when in the judgment of said committee and the chief of the Fire Department said repairs do not increase the risk of fire, and the public safety is secured. Said permit shall be in writing and signed by the chairman of the Fire Department Aof the Common Council and the chairman of the Fire Department Committee shall report to the Yayor and Common Council, at their next re- gular meeting, the number of permits thus issued and the names of the persons to whom such permits have been granted and the City Clerk shall make a record thereof in the minutes of the meeting, No permit of any kind shall be required by the -owner of the building for the purpose of re- pairing any door or window therein, dv for making any change to inside pattitionf,ps wills of any building, which change in inside partition wall in no way, impairs the strength or safety of the building. Neither shall any permit be required for the purpose of papering or painting the in- terior of any building or for painting the exterior thereof.' . Sea, 3 - That the Itunicipal Code of the City of Gilroy, be and the same is hereby amended by adding new sections thereto, said sections to be numbered and to read as follows, towit: C'n Seri, 243, "Whenever, in the judgment of the Fire Department and the Chief of the Eire Department, any building, wall, chimney or smoke- stack, awning or other appurtenances to a building shall, f=* Anyt,Aguse what6ver, be ta' 16 iamxoue to pqrgons er p!; operty, or *hen any � t btJJ&J- ng:.withJn - - -ths ' it lima t = b a.1, in the j e t - of ,the_.. said domm I :tab 6 e. aid, ,said Chiof"be, d a$�8 b� :fire, ��a :gar; >�tbgr.:� se t�ia the extent of 40 per cent, of its actual value, to be estimated upon the whole of said property, the said Fire Department Committee and the Chief of the Fire Department shall report the same to the Pylayor and Common Council and if such report be approved the City Clerk shall immediately give notice to the owner or owners of the building, or to his, her or their agents or persons having control thereof, if the owners are non - residents or can not be found, to remove the same forthwith; and the person receiving such notice shall, within forty -eight hours, comply with the requirements thereof. In the event of a dispute as to the amount of damage daused or �3) e ev for any cause, between the owner and said Mayor and Common Council, said dispute shall be determined by arbitration of competent mechanics, the owner to select one arbitrator, the said Iiayor and Common Council the other; and in case that the arbitrators so chosen can not agree they shall select a third arbitrator, amd their decision shall be final; all expense of the arbitrations to be paid by the owner," "Sea, 844. Any owner, agent, builder, contractor, sub - contractor or employee, or other pergon.who builds, alters, changes or repairs any building within the.'#T,%­I=ts in violation of any of the provisions of The T.unicipal Code of the City of Gilroy relating -#o the erection, alter- ation or repairs of buildings within the Odid fire limits,shall be pun- ___ fished by a fine not exceeding bnib:,bundred dollars, or by imprisonment in the City prison not exceeding thirty days, or by both such fine and im- prisonment. The continuance or maintaining of such violation shall be deemed a new offense for each day on which the same is so continued or maintained, and shall be punished accordingly." Sea, 4 - This ordinance shhll take effect from and after its passage and approval. Sec, 5 - All ordinances and parts of ordinances in conflict herewith are hereby repealed. Passed this day of June, A. D. 19099 by the following vote: Ayes: - Noes:- Absent: - Approved this day of June, A. D. 1909. Attest: My Clerk, (4) Y'ayor.