City of Newton, Illinois
Ordinance No. 05-03
An ordinance adopting building regulations
For the city of Newton, Jasper County, Illinois
Adopted by the city of Newton, Illinois this 15th day of February, 2005
Published in Pamphlet form by the authority of the city of
Newton, Jasper County, Illinois
This 15th day of February, 2005
_______________________
Jean Ghast, City clerk
Ordinance No. 05-03
An ordinance adopting building regulations
For the city of Newton, Jasper County, Illinois
Be it ordained by the City council of the city of Newton, Jasper County, Illinois
That the following building regulations are hereby adopted:
Building Regulations
Purposes. The purposes of these regulations are to protect the health, safety, and general welfare of the
persons and property of the citizens of Newton Illinois as well as the property and rights –of- way of the City, by
determining whether any proposed construction, placement, alteration, removal or demolition of any building, mobile
home or other structure within the city limits of the City of Newton Illinois will be done in compliance with the Newton City
code, specifically including but not limited to chapter 15 flood plain code and chapter 34 subdivision code of the
Newton City code, applicable State and federal codes, and will not damage or encroach upon City property, City
utilities or City rights-of-way or interfere with or cause drainage or flooding problems.
Permit required. It shall be unlawful for any person, firm or corporation to construct, place, alter, remove,
demolish, or to begin or to commence construction, placement, alteration, removal, or demolition of any building,
portable structure, prefabricated building, mobile home, or other structure, within the City limits of the City of Newton
Illinois, without first filing with the building official of the City an application in writing and obtaining a permit for said
construction, placement, alteration, removal, or demolition .
Application for permit.
(a) Form. Application for a building permit as herein required shall be made upon such forms as the corporate
authorities may prescribe. Such application shall contain at a minimum, , the full name and address of the applicant for
said permit, whether said applicant shall be the owner or the builder or contractor, and if the applicant is other than an
individual, the names of it’s duly authorized officials shall be included in the application. The application shall describe
the proposed construction, placement, alteration, removal, or demolition and shall supply such additional information
as may be required by the Building official in order to determine whether the proposed construction, placement,
alteration, removal, or demolition will meet the purposes set out for this chapter.
(b) Persons authorized to make application. Applications shall be made by the owner or lessee or agent of
either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made
by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the
person making the application that the proposed work is authorized by the owner in fee and that the person making the
application is authorized to make such application.
(c) Amendments to application. Nothing in this chapter shall prohibit the filing of amendments to an application or
to a plan or other record accompanying same, at any time before the completion of the work for which the permit was
issued. Such amendments shall be filed with and be deemed a part of the original application, if approved before the
permit has been issued, otherwise a new application for the alteration shall be made and a permit secured.
Plans to accompany application. Applications for permits shall be accompanied by plans and drawings of the
purposed construction, placement, alteration, removal, or demolition drawn to scale. Such plans and drawings shall
show at a minimum the dimensions and location of all proposed construction, placement, alteration, removal, or
demolition, utilities and drainage in relation to property lines and City streets, alleys, utilities and rights-of-way. The
building official may require additional detail if the building official determines such additional information is necessary
to properly evaluate the permit application.
Repairs. Repairs may be made without filing an application or obtaining a permit, unless such repairs amount to a
“substantial improvement” the cost of which equal or exceeds 50 percent of the actual cash value of the structure
either, (a) before the improvement is started, or (b) if the structure has been damaged and is being restored before
the damage occurred.
Action upon application. The building official shall examine applications for permits, within a reasonable time after filing.
If, after examination, he finds no objections to the same and it appears that the proposed work will be in compliance
with the laws and ordinances applicable thereto and the proposed construction of work will be safe, he shall approve
such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise,
he shall reject such application, note his findings in a written report to be attached to the application and deliver a copy
to the applicant.
Revocation of permit. The building official may revoke a permit or approval issued in case there has been any false
statements or misrepresentation as to a material fact in the application or plans on which the permit or approval was
based.
Approval of permit in part. Nothing in this chapter shall be construed to prohibit the building official from issuing a
permit for the construction of a building or structure before the entire plans and detailed statements of said building or
structure have been submitted or approved, provided adequate information and detailed statements have been
submitted for the same and have been found to comply with this chapter.
Permit for removal. No permit to remove a building or structure shall be issued until notice of application thereof shall
have been given to the owners of property adjoining the property upon which the building or structure is to be moved
and to the owners of wires or other impediments the temporary removal of which will be necessary, and an opportunity
has been given said owners to be heard upon such application; nor until a bond in an adequate sum has been filed
with the officer of proper authority, to indemnify and save harmless the municipality from damage.
Compliance with permit. All work performed under a permit issued by the building official shall confirm to the approved
application and plans, and approved amendments thereto. The location of all new construction as shown on the
approval plot plan or an approved amendment thereto shall be strictly adhered to.
Reducing or diminishing lot area. It shall be unlawful to reduce or diminish the area of a lot or plot for which a plan has
been filed and has been used as the basis for a permit, unless a revised plan showing the proposed changes in
conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a
street opening or widening or other public improvement.
Signature to permit. Every permit issued by the building official under the provisions of this chapter shall have his
signature affixed thereto; but this shall not prohibit him from authorizing a subordinate to affix the building official’s
signature.
Expiration of permit. A permit under which no work is commenced within 6 months after issuance shall expire by
limitation and a new permit shall be secured before work is started.
Posting a permit. A copy of the permit shall be kept on the premises for public inspection during the prosecution of the
work and until the completion of the same. The building official may require a certified copy of the approved plans to be
kept on the premises at all times from the commencement of the work to the completion thereof.
Commencement notice to be given. The building official shall be given at least 24 hours notice of the starting or work
under a permit.
Permit fees. Permit fees under this building permit system shall be as follows:
(a) Permit to demolish, no fee.
(b) Permit to construct, place alter, or improve a building or structure, no fee.
Building official. This building official appointed hereunder, and charged with the administration and enforcement of this
building permit system to be appointed by the mayor with the advice and consent of the city council.
Building permit committee.
(a) There is hereby created a committee of the city council of the city of Newton to be known as the “Building
permit committee,” said committee to be appointed by the mayor with the advise and consent of the city council and to
consist of not less than three members of the city council. Such committee shall be appointed annually and shall serve
until their successors are appointed.
(b) The Building Permit Committee is hereby directed and empowered to adopt rules and regulations for the use of
the Building Official in his or her capacity as “ Building Official” in order that enforcement of said regulations requiring
the issuance of building permits under terms of this chapter shall be uniformly enforced upon all of the residents of the
City of Newton.
(c) The Building Permit Committee is hereby directed to adopt said rules and regulations after presenting the
same to the Mayor and the City Council. If the Mayor and the City Council shall approve said rules and regulations, the
committee is directed to have the same printed or mimeographed in book or pamphlet form for the use of the Building
Official of the City.
(d) The Building Permit Committee is hereby authorized from time to time to make such recommendations for
changes and alteration in said rules and regulations as may best carry out and implement the spirit of this chapter in
order that damage to property and person in the City of Newton shall be minimized.
RIGHT TO APPEAL
(A) Any person, firm or corporation who has been denied a building permit by the Building permit Official may
request and shall be granted a hearing before the BUILDING PERMIT COMMITTEE; provided that such person, firm or
corporation shall file in the office of the City Clerk of the City of Newton, Illinois, a written petition requesting such
hearing and containing a statement of the grounds therefore within 20 days after the issuance of the building permit
has been denied.
(B) The Building Permit Committee shall hear all appeals related to the denial of a building permit and by a
concurring vote of the majority of its members may revise or affirm wholly or partly, or may modify, the decision of the
building official appealed from, and shall make such order or determination as in its opinion ought to be made. Failure
to secure such concurring vote shall be deemed a confirmation of decision of the Building Official. The decision of the
BUILDING PERMIT COMMITTEE shall constitute the final decision of the City relative to the appeal.
(C) A member of the BUILDING PERMIT COMMITE shall not participate in any hearings or vote on any appeal in
which that member has a direct or indirect financial or is engaged as a contractor, or is engaged in the preparation of
plans and speciation, or which the member has any personal interest.
(D) The secretary of the BUILDING PERMIT COMMITTEE shall keep a record of each meeting so that the records
show clearly the basis for each decision made by the BUILDING PERMIT COMMITTEE.
(E) All meetings of the BUILDING PERMIT COMMITTEE shall be held at the call of the Chairman and at such time
as the committee may determine, provided that the establishment of the meeting, tike and location are consistent with
the overall intent of this section and are in accordance with the Illinois Open Meeting Act and other applicable State
Laws.
Upon roll call vote the vote the following Alderman voted yes :
Jerry Denoyer, Tom Brown, Scott Bloomberg, Harld Bolander,Vernan Hanson, Larry Brooks, Don, Hickox
Upon roll call vote the following Alderperson voted nay:
____________ None___________________________________
This Ordinance shall be in full force and effect from and after its, passage, approval and publication in pamphlet
form as provided by law.
Dated this 15th day of February 2005.
This is the original building permit Ordinance in Newton Il.