Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1902-12-11
NO. 81.

An ordinance, prescribing fire limits I'm
the City rf Webster, and regulating the
erection. placing and repairing of build
appraisenlent and removal OF damaged
buildings therefrom.
BE y ordained ~ the City Council of the
City of Webster, South Dakota.
Section l.. That fire limits. within
which wooden buildings shall not be
erected OF placed or repaired without per:
mission, HIlereby prescribed and declared
to exist i'm the City Of Webster, Day
county. South, Dakota, bounded on the
morris by inird avenue, between Second
Second street, between Third avenue and
ayenne and on the south by
kaiiIaad avenue, between second street
street, between Railroad avenue and Third
avenue; end all lots in blocks numbers
fonr al Eve I'D six 90 seven Gl eight 90
and ntne (Sl, In said city, according to the
original plat of ths town of Webster. and
recorded in the Office of the register of
degds OF said county are within said fire
$ection 2. That no person, firm or cor
boratton shall erect or place or repair Ia
kbuilding,. or addition TO any building.
Within said fire limits, as prescribed by
section | oftlhis ordinance, without first
having procured permission therefor,
from the City Council. as hereinafter pro-
yided.
Section 8. The City Council may grant
permits for the erection, placing and
repairing of buildings within SUCH fire
limits, upon application therefor, i'm writ
ing, signed by the applicant, aud specify
ing the dimensions of n wells and
foundation OF such building. the kind of
material TO he used in its construction,
the number, size and capacity of chimneys
10 be placed therein, the estimated cost of
such building and the description OF the
lot or lots pom which the same is 10 be
located; which application may be
amended by the applicant, after being
presented, to conform TO the require
nients of the City Council and of this
~dipau
Section i. II shall be the duty OF the
City Council 10 examine and act upon all
unnecessary delay; ann IL the same shall
be granted, to cause to he issued to such
applicant. a permit I'm writing, under the
corporate seat of the city, signed Ivy the
Mayor and countersigned by the city
Auditor; which permit shall refer 20 the
application and specification therein CON
tanned q a duplicate of s1ch permit,
with the application upon which the same
e granted, shall be filed ia the office Of
the City Auditor,
Sections s. In no case shall a permit be
granted for the erection of any building
or addition to any building, on any lot or
lots fronting or abufting on Main street Of
said city, within said fire limits, unless
the outside walls of the same shall be con
structed of solid brick or stone. cornplete,
with metal or other fire-prOof roofing and
provided with iron shutters to all open.
ings in side and rear wallis; and no permit
shall Ire granted for the erection or plac.
ing If any wooden building, or addition 60
MNBN HkAaAtltFtkR III lily EOE VI NlAE WlNDln
said fire limits, and not fronting or abnt.
ting orr Main street, unless the outside
walls thereof are to DE covered with brick,
iron or other equally fire-proof material,
with metal or other Are proof roofing and
provided with ifon shutters to all open
inRs inside and rear walls.
Section Q. Whenever any building now
within said fire limits, shall have been
damaged by fire. decay or otherwise, ia
The extent of fifty per centunl, or more. OF
It's value, the same shall be torn down or
removed from within said FIRE limits; and
In case the owner of &c building and
the City Council cannot agree upon the
he appointed tn ascertain and determine
the extent of anch damage, as follows.
The City Council shall appoint one and
the owner Of such building, his agent or
attorney. shall select one, and ia case OF
h refusal or neglect of such 0wner to
make such selection, then the County
Judge of said count shall select one TO
oct IN his behalf. and the two thus chosen
shall select q third appraiser all Of whom
shall be DISTINGUISHED I'm the controversy
f I'm w, ana n aspnarribs 40 sn s oaeS ~ s she hrst
that they will fairly and impartially
appraise and ascertain the damage 20
owner theTeof not iI les thar oi ,hree aays'
and without unnecessary delay proceed
10 examine. asceEsain and appraiSG the
s u%asa ana ~ r rsnart p in and Insh 4 tTR ssn,
Council, stating separately, b sound
value and damage 70 such building;
WINCH report Enall De MEG In tile ONCE OF
the City Auditor, and a copy thereof
delivered by him To such owner, his agent
or attorney; and which award and
a-pprafGnfent shall be lima unless appealed
from, ae herein provided.
Section 2. Any person. liayinR an inter
est i'm such building. and feeling aggTieved
by the aware 80 made by such appraisers,
may appeal therefrOm within thirty DAYS
from the date of being served with a copy
of such award to the circuit court of said
cnunty, upon which appeal n City OF
Webster shalt be plaintiff and the owner
and persons interested in such buildings
shall be defendant, and pleadinRa may be
filed therein and such cause tried therein,
according TO the course and practice of
said court In the trial OF civil actions.
Section 8, ANY person who shall violate
or cause to be violated, the provisions of
this ordinance, shall upon conviction
thereof before any court having jurisdic-
tiOn thereof, be punished by q fine of not
less than fifty dollars or more than one
hundred dollars, or be IMPRISONED in the
City jail for not less than san dayao or more
than sixty days. or by both fine and
iflDriSOn ment.
This ordinance shall take effect and be
In force from and after it's passage
approval and publication.
All ordinances and parts OF ordinances In con-
hsct with this ordinance are hereby repealed.
(SeaIl IL. w Small.
Carl Malmberg. Mayor.
City Auditor.