1963-01-02 - Laserfiche WebLink

Home Browse Search

CITY HANAGERIS RECOMMENDATION RE= BUILDINGS IN ANNEXED AREA GENTLEMEN: AS YOU HAVE BEEN INFORMED NUMEROUS "SO CALLED" BUILDING PERMITS HAVE BEEN SECURED IN THE LAST SEVERAL WEEKS FROM THE COUNTY OF ALBEMARLE BY PERSONS OR FIRMS TO CONSTRUCT BUILDINGS IN THE ANNEXED AREA. THE GREAT MAJORITY OF THESE PERMITS WERE, IN MY OPINION~ SECURED PRIOR TO MIDNIGHT DECEMBER 3!, 1962 IN OEOER TO (1) AVOID COMPLIANCE WITH THE CITYtS ZONING ORDINANCE, OR (2) TO AVOID COMPLIANCE WITH THE CITYtS BUILDING, PLUMBING AND ELECTRICAL CODES~ OR (3) TO AVOID PAYING FOR CITY BUILDING~ PLUMBING AND ELECTRICAL PERMITS. IN MANY INSTANCES THE OWNERS OR CONTRACTORS HAVE WORKED UNDER VERY ADVERSE CONDITIONS IN ORDER TO GET WORK STARTED ON SOME OF THESE BUILDINGS. CONDITIONS WHICH CERTAINLY ARE NOT NORMAL AND CONDITIONS WHICH ARE NOT USUALLY EMPLOYED IN CONSTRUCTION IN THIS AREA AND ALSO CONDITIONS WHICH MIGHT WELL BE QUESTIONABLE IN GOOD BUILDING PRACTICES, SIMPLY AND SOLELY IN ORDER TO CLAIM THAT THE BUILDING OR BUILDINGS WERE COMMENCED PRIOR TO THE EFFECTIVE DATE OF ANNEXATION. ~N SOME OTHER INSTANCES ~ BELIEVE THAT THE CONSTRUCTION WAS STARTED IN GOOD FAITH AND ARE EXTENSIONS OR ADDITIONS TO EXISTING BUILDINGS AND PROBABLY WERE NOT STARTED IN AN EFFORT TO "BEAT THE CLOCK". I RECOMMEND AND STRONGLY URGE THAT ~OU INSTRUCT ME TO REQUIRE THE BUILDING OFFICIAL TO ISSUE A '~STOP WORK ORDER"UNDER SECTION ~04.5 OF THE CITY BUILDING CODE ON EACH OF THE PERSONS OR FIRMS WHO HAVE SECURED PERMITS FROM THE CouNTY OF ALBEMARLE (AND NOT FROM THE CITY) FOR CONSTRUCTION IN THE ANNEXED AREA AND TO PERSONS OR FIRMS WHO HAVE COMMENCED CONSTRUCTION IN THE ANNEXED AREA WITHOUT ANY PERMIT) PROVIDED THE PROPOSED BUILDING WAS NOT UNDER TEMPORARY ROOF AS OF MIDNIGHT DECEMBER 31, 1962 AND PROVIDED FURTHER THAT THE PROPOSED BUILDING IS NOT AN EXTENSION OR ADDITION TO AN EXISTING BUILDING IN THE ANNEXED AREA. I FURTHER RECOMMEND THAT IN THE EVENT THE "STOP WORK ORDER" IS NOT IMMEDIATELY OBEYED AND CITY PERMITS SECURED~ THAT THE CITY ATTORNEY BE INSTRUCTED TO TAKE THE NECESSARY LEGAL STEPS TO SEE THAT THE "STOP WORK ORDER" IS COMPLIED WITH. RESPECTFULLY SUBMITTED, JEB:RB JIM BOWEN ($1GNEO) CITY ~ANAGER CITY ATTORNEY'S OPINION RE: CONSTRUCTION IN ANNEXATION AREA JANUARY 2~ 1963 HR. JAS. E. BOWEN, JR. CiTY HANAGER CHARLOTTESVILLE~ VIRGINIA DEAR HR. BOWEN: PURSUANT TO YOUR REQUEST ~ HEREWITH RENDER MY OPINION ON THE APPLICATION OF THE CITYfS ORDINANCES AND CODES TO CONSTRUCTION IN THE ANNEXATION AREA, AFTER JANUARY 1, 1963. THE COUNTY Of ALBEMARLE HAS NO BUILDING~ PLUMBING OR ELECTRICAL CODE OR ANY OTHER RESTRICTIVE TYPE OF CONSTRUCTION ORDINANCE. BECAUSE THERE ARE NO SUCH CODES OR ORDINANCES IN EFFECT THE COUNTY ALSO HAS NO ENFORCEHENT DR INSPECTION PROCEDURES FOR CONSTRUCTION AND Of COURSE NO ZONING WHEREBY USES ARE CONTROLLED. A TRUE BUILDING PERMIT~ FOR WHICH A CHARGE IS MADE TO PAY THE COST OF INSPECTION~ IS ISSUED BY A GOVERNMENTAL BODY TO INSURE COMPLIANCE WITH BUILDING CODES~ ETC. SINCE NONE OF THE REASONS EXIST FOR THE ISSUANCE OF A BUILDING PERMIT IT IS A MISNOMER TO CALL THE COUNTYf$ TAX ASSESSMENT MEASURE A "BUILDING PERMIT". FURTHER THIS SO CALLED PERMIT IS NOT ACTUALLY ISSUED BUT RATHER IT IS A REGISTRATION WITH THE COUNTY OFFICIALS OF THE FACT THAT NEW CONSTRUCTION IS TO TAKE PLACE WHICH WiLL AFFECT THE TAX ASSESSMENT FOR THE PARCEL OF LAND INVOLVED. SECTION 10~.2 OF THE CITY)$ BUILDING CODE REQUIRES A BUILDING PERMIT BE ISSUED BY THE BUILDING INSPECTOR BEFORE ANY BUILDING OR STRUCTURE) OR PART THEREOF, BE ERECTED, ALTERED, REPAIRED~ CONVERTED, ENLARGED~ DEMOLISHED OR MOVED. THE ENFORCEMENT OF THE BUILDING CODE, WITH ITS REQUIREMENTS AND INSPECTIONS) IS DONE FOR THE PROTECTION) HEALTH, SAFETY AND CONFORT OF ALL THE CITY'S CITIZENS AND IS A PROPER EXERCISE OF THE POLICE POWER. IT IS MY OPINION THAT ALL cONSTRUCTION NOT UNDER A TEMPORARY ROOF AS OF JANUARY ~, 1963, MUST COMPLY WITH SECTION 104.2 AND THAT A CItY BUILDING PERMIT MUST BE ISSUED FOR SUCH W~RK. RESPECTFULLY SUBMITTED~ PAUL D. SUMNERS~ JR. (SIGNED) PAUL D. SUMMER$~ Jr. PDS/BP CITY ATTORNEY A MOTION BY HR. HOUNT, SECONDED BY HR. PONTON THAT THE CITY HANAGER BE INSTRUCTED TO REQUIRE THE BUILD'lNG OFFICIAL TO ISSUE A "STOP WORK ORDER" UNDER SECTION I0~.5 OF THE CITY BUILD{NG CODE ON EACH OF THE PERSONS OR FIRMS WHO HAVE SECURED PERMITS FROM THE COUNTY OF ALBEMARLE (AND NOT FROM THE CITY) FOR