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(b) The Building Code Board of Appeals shall consist of
<br />five (5) members who are qualified by experience and training to pass
<br />upon matters pertaining to building construction and alteration.
<br />Members of the Board shall be appointed by the Mayor for a term of
<br />one year and shall hold office at his pleasure. The Building
<br />Commissioner shall be an ex- officio member of the Board and shall act
<br />as its Secretary.
<br />(c) The Building Code Board of Appeals shall adopt
<br />reasonable rules and regulations for conducting its investigations
<br />and shall render all decisions and findings in writing to the Depart-
<br />ment with a duplicate copy to the petitioner.
<br />Section 6 -6.1. Compliance with Building Code.
<br />(a) It shall be unlawful for any person, firm or corpora-
<br />tion to erect, construct, enlarge, alter, repair, move, improve,
<br />remove, convert, demolish, equip, use, occupy, or maintain any
<br />building or structure in the City, or permit the same to be done, in
<br />violation of any of the provisions of the Building Code.
<br />(b) Any person or anyone acting in behalf thereof who
<br />violates or fails to comply with any of the provisions of the Build-
<br />ing Code shall be guilty of an offense and upon conviction thereof
<br />shall be fined One Hundred Dollars ($100.00) . Each day that a
<br />violation is permitted to exist shall constitute a separate offense.
<br />(c) Any building or structure erected, constructed,
<br />enlarged, altered, repaired, moved, improved, removed, converted,
<br />demolished, equipped, used, occupied, or maintained in violation of
<br />any of the provisions of the Building Code or the requirements
<br />thereof is declared to be a nuisance, and such nuisance may be abated
<br />in the manner nuisances are now or hereafter may be abated under
<br />existing law.
<br />Section 6 -6.2. Moving permit.
<br />(a) No person, firm, or corporation shall move any building
<br />or structure in the City or cause the same to be done without
<br />obtaining in advance a moving permit from the Department; provided,
<br />however, that the provisions of this section shall not apply to the
<br />moving of manufactured housing prior to its initial installation in
<br />compliance with section 21 -175 of the South Bend Municipal Code.
<br />(b) The applicant must file with the Department a com-
<br />pleted application on the form provided, with all information
<br />indicated on the application submitted in full and with all other
<br />required information, including: the extreme height, width and
<br />length of the structure when mounted; the proposed route over which
<br />the structure will be moved; a plot plan showing the structure in its
<br />proposed new location; affidavits from all public utility companies,
<br />railroads, service companies, and cable television companies with
<br />facilities along the proposed route, certifying that the applicant
<br />has deposited with such company or agency satisfactory surety to
<br />cover cost of any damage or changes in facilities resulting from the
<br />moving of the structure over the proposed route; and any additional
<br />information the Department deems necessary for enforcement of the
<br />Building Code. The applicant shall also provide a certificate of
<br />insurance showing property damage coverage in the amount of One
<br />Million ($1,000,000) Dollars and liability coverage in the amount
<br />of Five Million ($5,000,000) Dollars, naming the City of South Bend
<br />as co- insured.
<br />(c) Within three days after the completed application and
<br />required information has been filed, the Department shall submit the
<br />application and information to the Bureau of Traffic and Lighting,
<br />the Engineering Department, the Police Department, the Park
<br />Department and the Building Commissioner for review and recommenda-
<br />tion, with their recommendations being submitted to the Department
<br />within five (5) days. The Department shall immediately forward the
<br />application, other information, certificate of insurance, and
<br />recommendations to the Board of Public Works.
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