ORDINANCE #3 OF 2001

An Ordinance Regulating the Construction of Sidewalks, Curb-ramps, Driveways, Alley Entrances, Curbs and Other Structures in the Street Right-of-Ways in the Town of Winamac, Indiana.

WHEREAS, The Town Council of Winamac has determined the need for uniformity in the construction of appurtenances within the street right-of-ways; and

WHEREAS, The Town Council of Winamac deems it appropriate to establish construction standards to promote the welfare of all of its citizens, and to enhance the flow of both vehicular and pedestrian traffic within its corporate limits;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Winamac, Indiana, that the following Ordinance shall be adopted:

SECTION I.

PERMIT REQUIRED

A building permit will be required for all appurtenances constructed within the street and road right-of-ways within the Town of Winamac. The building permit application can be purchased for $15 at the Town Clerk’s Office, 120 W. Main St., Winamac, IN 46996.

SECTION II.

CONFORMANCE REQUIRED

All appurtenances constructed within the street and road right-of-ways shall be made in conformity with the provisions and the grades, plans, profiles and specifications furnished by the Clerk/Treasurer and on file in the office as adopted and approved by the Town Council. A copy of these standards, Standard Plans for Public Works Construction, is available for copying fee of $5.00.

SECTION III.

PLAN APPROVAL

A detailed plan must be submitted and approved by the Town Manager or his/her designee before construction shall commence. After forms are placed and before concrete is poured, a twenty-four (24) hour notice must be given to allow the Town Manager or his/her designee to make a pre-pour inspection.

SECTION IV.

FINAL INSPECTION

After construction is completed and before the Town of Winamac will accept the work, it shall be inspected by the Town Manager or his/her designee. The construction must meet the specifications as submitted on the building permit application, and the specifications set forth in Standard Plans for Public Works Construction as adopted and amended by the Winamac Town Council. The cost for the final inspection shall be $25.

SECTION V.

DISPOSITION OF DIRT AND OLD MATERIAL

It will be the permitee’s responsibility to see that all extra dirt and other material that is removed in connection with the project is disposed of according to local, state, and federal regulations.

SECTION VI.

PERMITEE’S RESPONSIBILITY

It shall be the permitee’s responsibility and the permitee’s cost to remedy any and all discrepancies found during final inspection between the actual construction and the details submitted on the building permit application and/or the specifications set forth in the Standard Plans for Public Works Construction as adopted and amended by the Winamac Town Council. All corrections must be made within thirty (30) days, or said permitee shall be found in violation of this ordinance.

SECTION VII.

TAMPERING WITH PROJECTS UNDERCONSTRUCTION

It shall be unlawful for any unauthorized person to tamper with or in any way interfere with any grade stake for any public works project, or to deface or disturb any such project while in process of construction, and upon conviction thereof, shall be fined according to the penalty provided in this ordinance.

SECTION VIII.

PENALTIES FOR VIOLATION

Any person who violates this ordinance shall be fined not less that twenty-five dollars ($25) nor more than fifty dollars ($50) for any single offense. Each day that the violation remains shall constitute a separate offense.

In the event a lawsuit is commenced to abate such violations or to assess a fine against a person and the person is found to have failed to remedy a violation, the person shall be responsible and liable to the Town for all costs of such action, including but not limited to the costs and expenses of remedying the violation, the costs of suit, expenses and reasonable attorney fees incurred by the Town in bringing said action.

SECTION IX.

PAYMENT OF CIVIL PENALTIES

Civil penalties for violation(s) of this ordinance shall be payable through the Winamac Clerk-Treasurer’s Office located at 120 W. Main St., Winamac, Indiana, within thirty (30) days of being notified of the violation.

SECTION X.

SAVINGS CLAUSE

If any section, provision or part of this ordinance shall be judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any sections, provisions or part thereof not adjudged invalid or unconstitutional.

SECTION XI.

EFFECTIVE DATE

This ordinance shall be in full force and effect upon passage by the Winamac Town Council and publication as required by law.

Adopted by the Town Council of the Town of Winamac, Indiana, this _12th_ day of March, 2001.

Kenneth McFarland, President

Jack Winters

Tom J. Murray

Mark Heal

John Simmermaker

Attest:_______________________

Judy Heater Clerk/Treasurer

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