New Britain herald., 1919-07-11
'INSPECTUR GIVEN
 ADDITIONAL TIME
Building Permits Can Now Be
 Held up "A Days

1 The common council in special ses- sion last evening failed to enact an ordinance forbdding the erection of | garages in residential sections of the city. The city fathers discussed the 1 problem and the legality of enacting | an ordinance and then referred the 1 matter to the building inspector, the l corporation counsel and the ordinance committee to be brought up at the 1 next meeting of the council. The or I dinance allowing the building nspec- 1 tor IA days to make a decision on an 1 application for a permit was repealed and the time limit was extended 10 days.
 A. J. Olson, petitioner for a garage l on Lincoln street, against which the school board protested, was represent ! ed at the meeting by Judge William l r. Mangan. Judge John H. Kirl<ham, 1 acting corporation counsel, was also l present at the session to explain the legal rights of the city.
 1 Alderman Curtis said that some 1 action must be taken by the council as the building inspectors time eX- pires on Monday, and that he must l then issue or refuse the permit. He asked Judge Kirkham whether the ordinance proposed would be re- l troactive.
 Judge Kirkham replied that Judge l ManGan was mistaken when he said that the ordinance would be retro active. The permit has not been is sued yet and therefore the ordinance would not affect the permit. l A recess by the council was taken and the ordinance committee report ed the adoption of the ordinance as prepared.
 Curtis Opposes Changes. l Alderman Curtis said that he could not vote for the ordinance as it had not been properly drawn up and was not specific enough. Alderman Spen- cer also opposed the ordinance and l moved that it be referred back to the l ordinance committee, the building in spector and the corporation counsel until the next meeting of the coun- ciI. By a vote of If to 8, the mo- l tion was passed.
 Alderman Curtis explained that the building inspectors time limit would expire on Monday and that he would l have to either issue or refuse the
 permit to MT. Olson at that time. The section of the ordinance allowing the | ! repealed and the time was extended to 24 days. The council then ad-
 journed
 OuigIcy Opens Meeting.
 The meeting was called to order bA
 Mayor George A. Quigley. Mayor Ouieley explained the reason why the
 special session of the council had beer
 called The building of garages 1T residential sections of the city, ne , said, would disfigure the neighbour
 hood reduce the values of property ] and jeopardize the safety of the peo I pie. He wanted the council to enac
 an ordinance fOrbidding the construc . ton of garages in residential sections
 saying that it is not a neighborhoot 1 question but one that interested the en.
 tire city. A law ought to be passed
 said Mayor Quigley, preventing the
 erection of buildings which caused tho general dishgurement of the city The mayor reminded the city fathers
 that he had mentioned the necessity for the enactment of such a law in hi
 annual message.
 Communications presented by tht
 school board and the board of direc l tors of the New Britain Institute were . | read.
 , Alderman Curtis opened the discus , 1 sion by requesting Information as tt whether the building inspector hat
 the power to refuse the permit. Judge Kirl>ham Speaks. Judge Kirkham said that the coun } l cil had the right to delegate power! l to the building inspector Discussing l the rights of cities to enact ordi
 nances forbidding the construction O
 certain buildings, Judge kirkhan !
 dinance forbidding the building o
 garages in neighborhoods if in so do
 ing the surrounding properties would
 depreciate in value. The ordinance
 he said, was objectionable because i 1 was too indefinite. Several citations l as to the powers of city to mak,
 such ordinances were read by Judge
 Kirkham.
 Alderman Curtis said that the counci | has nothing to do with the issuing o l the permit and that it was up to tn,
 building Inspector Under the charter
 provisions, he said. that the building inspector has sole power in the mat | ter.
 Mayor Quigley replied that the l building inspector has the sole right to
 issue permits but not the power to re- l fuse them
 Judge kirllham said that the build Ing inspector cannot act arbitra rily and the provision seems to suggest it. He believed that the council ought to enact an ordinance.
 Alderman Curtis was of the opin-
 ion that the building inspector has the
 sole right at the present time to act
 He questioned the right to enact an
 ordinance that would be retroactive, as
 applications for the merits had al ready been made and the new ordi-
 nance would not apply. Ordinance is Read.
 Mayor Quigley said that an ordi-
 nance had been prepared by Judge