Commonwealth v. House

• Decision Date: 20 November 1917
• Citation: 177 Ky. 829,198 S.W. 218
• Parties: COMMONWEALTH ET AL. v. HOUSE.
• Court: Kentucky Court of Appeals

198 S.W. 218

177 Ky. 829

COMMONWEALTH ET AL. v. HOUSE.

Court of Appeals of Kentucky.

November 20, 1917

Appeal from Circuit Court, Madison County.

Proceeding by the Commonwealth and the City of Richmond against A. J House to recover a fine for violation of a building ordinance. From a judgment of the circuit court, dismissing the proceeding on appeal from the police court by defendant plaintiffs appeal. Affirmed.

H. C Rice, of Richmond, for appellants.

Stephen D. Parrish, of Richmond, for appellee.

CLAY C.

A. J House was fined in the police court of the city of Richmond for a violation of an ordinance making it unlawful to alter any building without a permit from the board of council. On appeal to the circuit court, the ordinance was held invalid and the proceeding dismissed. The commonwealth and the city of Richmond appeal.

The ordinance in question, which is section 20 of the published by-laws and ordinances of the city of Richmond, is as follows:

"(a) No person or persons, firm or corporations, shall erect any building or construct or materially alter or repair any building or structure within the corporate limits of the city of Richmond without a permit from the board of council of said city, and no such permit shall be granted by the board of council of said city until the party desiring to erect said building or alter or repair same shall file with the city clerk at least five days before the meeting of the council a written application for such permit, setting forth the proposed building or alteration, the purpose for which said building is to be used and the location thereof. (See Fire District--Streets and Sidewalks.)

(b) The permit provided for herein shall be signed by the mayor and clerk of said board of council and in the interval between the meetings of said board of council the clerk is hereby authorized to issue and sign permits to all applications and so direct in writing to the building committee of the board of council. The clerk shall keep a record of all permits issued.

(c) Any person violating the ordinance shall be fined in any sum not exceeding one hundred dollars, and any building or structure erected or repaired in violation of this ordinance shall be subject to be removed by order of said board of council."

In the recent case of City of Monticello v. Bates, 169 Ky 258, 183 S.W. 555, the court announced the rule that it was essential to the validity of...