Additional powers of cities of the first class, cities of the second class, and incorporated towns

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  1. (a)

    1. (1) The following enlarged and additional powers are conferred upon cities of the first class.

    2. (2) A city of the first class may:

      1. (A) Regulate the building of houses;

      2. (B) Provide that a house or structure not be erected within the city limits except upon a permit to be issued by an officer the governing body designates; and

      3. (C) Provide that a permit not be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare.

  2. (b) The authority to appoint and remove department heads, including the building official, is governed by § 14-42-110 without regard to the classification of the city or town.

  3. (c)

    1. (1) The following enlarged and additional powers are conferred upon cities of the second class and incorporated towns.

    2. (2) A city of the second class and an incorporated town may:

      1. (A) Enforce building and safety codes for the building and construction of houses and other structures;

      2. (B) Provide that a house or structure not be erected before a building permit is issued by a building official the governing body designates; and

      3. (C) Provide that a permit not be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare.

    3. (3) The authority given to a city of the second class and an incorporated town under this subsection does not include the authority under § 14-56-416 unless the city of the second class or the incorporated town has adopted and filed a land use plan and corresponding zoning ordinances under § 14-56-101 et seq.

  4. (d) This section does not:

    1. (1) Authorize a city of the first class, a city of the second class, or an incorporated town to regulate the building of houses or structures in a manner contrary to other applicable law; or

    2. (2) Restrict the authority of a city of the first class, a city of the second class, or an incorporated town under other applicable law.


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