Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1902-12-18
ORDINANCE NO. 81.

An ordinance, prescribing fire limits in
the City of Webster, and regulating the
erection, placing and repairing of build
ings therein, n providing for the
buildings therefrom.
BE IL ordained by the City Councilo of the
City Of Webster, South Dakota;
Section 4. hat fire limits, within
which wooden buildings shall not be
erected or placed or repaired without per.
mission. is hereby prescribed aud declared
county, South Dakota, bounded on the
north by Third avenue, between Second
street and Third street, and on the west
Railroad avenue, and on the south by
Railroad avenues between Second street
and Third street, and on east by Third
street, between Railroad avenue aud Third
avenue; and all lots in blocks numbers
four al five 30 six 90 sever "a eight l)
and nine go, in said city, according 10 the
original plat of the town of Webster. and
recorded in the office of the register of
deeds of SAID county, are within said fire
limits.
Section 2. That no person, firm or cor
poration s1Sl erect or place or repair any
building, or addition to any building,
within said fire limits, as prescribed by
section l of this ordinance, without first
having procured permission therefor,
from the City Council. as hereinafter pro-
vided.
Section 8. The City Council may grant
permits for the erection, placing and
repairing of buildings within such fire
limits, upon application therefor, in writ
ing, signed by the applicant, and specify
ing the dimensions of the walls aud
foundation of such building, the kind of
material to be used in its construction,
to be placed therein, the stitnate cost of
such building and the description of the
lot or lots upoiI which the same is to be
located; which application may be
amended by the applicant, after being
presented, to conform to the require
ments of the City Council and of this
Section 4. 1t shall be the duty of the
City Council to examine and act upon all
applications for building permits, without
unnecessary delay; ann 1T the same shall
be granted. to cause to be issued to such
applicant, a permit in writing, under the
corporate seal of the city, signed by the
Mayor and counteTsigned by the city
Auditors which permit shall refer to the
application and specification therein con-
tanned; and a duplicate of SUCH permit,
with the application upon which the same
is granted, shall be filed in the office of
the City Auditor,
Section 5. 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 abutting ON Main street of
| said city, within said fire limits, unless
the outside walls of the same shall be con
strt1cted of solid brick or stone complete,
with metal or other fire-proof roofing and
provided with iron shutters TO all open
ingsi in side and rear walls; and no permit
shall be granted for the erection or plac.
ing of any wooden building, or addition to
any building, ON n lot or lots within
said fire limits, and not fronting or abut-
ting on Main street, unless tbo outside
walls thereof are to be covered with brick,
iron or other equally fre-proof material,
with metal or other fire-proof roofing and
provided with iron shutters TO all open
ings inside and rear walls.
Section .. Whenever any building now
within said fire limits, shall have been
damaged by fire, decay or otherwise, to
the extent of fifty per centum, or more, of.
its value, the same shall be torn down or
Il TnsRrnkod frnRYa rcfflnfvN anfH fire. IfpnsNa. n-H
in case h owner of such building and
the City Council cannot agree upon the
extent of such damage, appraisers shall
be appointed to ascertain and determine
the extent of such damage, as follows.
The City Council shall appoint one and
the owner of such building, his agent or
attorney, shall select one. and in case of
the refusal or neglect of such owner to
make such selection, then the County
Judge Of said county shall select one to
act in his behalf, and the two thus chosen
shall select a third appraiser ali of whom
shall be disinterested in the controversy
nnd the appraisers so selected shall first
take and subscribe an oath, to the effect,
that they will fairly and impartially
appraise n ascertain the damage 10
such building, n upon notice to the
owner thereof not less han three days,
and without unnecessary delay, proceed
to examine. ascertain and appraise the
damage TO such building and make their
Council, stating separately, the sound
value and damage to such building;
which report shall be hled in the Office of
the City Auditor, and a copy thereof
delivered by him to such owner, his agent
or attorney; and which award and
appraisment shall be final unless appealed
from, as herein provided.
Section7 2. Any person, having an inter
est in such building, and feeling aggrieved
by the award go made by such appraisers,
may appeal therefrom within thirty days
from the date of being served with q copy
of such award to the circuit court of said
county, upon which appeal the City of
Webster shall be plaintiff and the owner
and persons interested In such buildings
shall be defendant, and pIeadings 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 s, Any person who shall violate
or cause to be violated, the provisions of
this ordinance, shall upon conviction
thereof before any coaErt having iurisdic-
ton thereof, be punished by a fine of not
less than fifty dollars or more than one
hundred dollars, or be imprisoned i'm the
City Jail for not less than ten days or more
than sixty days, or by both fine and
imprisonment.
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-
htct with this ordinance are hereby repealed.
lSeall Il. w. Small,
Carl Malmberg, Mayor,