[R.O. 2009 §410.810; Ord. No. 2040 §§13-1—13-2, 9-15-2003]
A.
This
Article contains the regulations pertaining to administration and
enforcement of the provisions of this Chapter, issuance of permits
and certifications, inspection of property and issuance of stop work
and stop use orders and enforcement of violations of the provisions
of this Chapter.
B.
This
Chapter shall be administered and enforced by the Zoning Administrator
who shall be appointed by the Board of Aldermen and who shall have
the following duties with respect to this Chapter:
1.
Shall enforce the provisions of this Chapter. In addition, the Zoning
Administrator shall enforce all regulations and conditions governing
development of any and all projects as permitted by this Chapter or
following approval by the Planning Commission, Board of Aldermen or
Board of Adjustment.
2.
May designate one (1) or more additional members of other City departments
who have a particular skill or competence to act for the Zoning Administrator
and the term "Zoning Administrator" as used elsewhere in this Chapter
shall be deemed to include such deputies.
3.
May conduct inspections of buildings, structures and uses of land
to determine compliance with the provision of the zoning regulations.
4.
Shall approve and issue building permits and may issue occupancy
or other permits and certificates and maintain records thereof.
5.
May cause the cessation of any erection, construction, reconstruction,
alteration, conversion, maintenance or use in violation of this Chapter
by issuing a stop work or stop use order.
6.
May refer any violation of the zoning ordinance to the City Attorney
for prosecution or other appropriate action when deemed necessary.
7.
Shall receive, file and forward to the Board of Adjustment the records
in all appeals and all requests for variances.
8.
Shall maintain current records of the zoning regulations including
zoning ordinance, Zoning District Map, amendments, conditional uses,
variances, appeals and applications.
9.
May provide technical, clerical and consultative assistance as requested
by the Planning Commission, Board of Aldermen, Board of Adjustment
and other boards, commissions and officials in exercising their duties
related to the zoning ordinance.
[R.O. 2009 §410.820; Ord. No. 2040 §13-3, 9-15-2003]
A.
Building Permits. It shall be unlawful to commence or to
proceed with the erection, construction, reconstruction, conversion,
alteration, enlargement, extension, razing or moving of any building
or structure or any portion thereof without first having obtained
a building permit. Primary responsibility for securing the necessary
permits shall be the property owner's. If the property owner should
contract part or all of the proposed work, it shall be the responsibility
of both the owner and the contractor to ensure that all required permits
and approvals have been secured prior to any work being initiated.
There may be a separate permit for each building or structure to be
constructed, altered or erected except for accessory buildings which
may be included in the permit for the principal building when construction
is simultaneous. Any building permit under which no construction work
has been commenced within six (6) months after the date of issuance
of said permit or under which proposed construction has not been completed
within two (2) years of the time of issuance shall expire by limitation.
B.
Voiding Of Building Permit. A permit may be revoked by the
Zoning Administrator at any time prior to the completion of the building
or structure for which the same was issued, when there is departure
from the plans, specifications or conditions as required under terms
of the permit, that the same was procured by false representation
or that any provisions of this Chapter are being violated. Written
notice of such revocation shall be served upon the owner, agent or
contractor or upon any person employed on the building or structure
for which such permit was issued, via a stop work order, which shall
be posted in a prominent location, and thereafter no such construction
shall proceed.
C.
Compliance With Permits And Certificates. Permits or certificates
issued on the basis of approved plans and applications authorize only
the use, arrangement and construction set forth in approved plans
and applications and any other use, arrangement or construction at
variance with that authorized shall be deemed a violation of this
Chapter and punishable as provided herein.
[R.O. 2009 §410.830; Ord. No. 2040 §13-4, 9-15-2003]
A.
Building Permits And Plats. Each application for a building
permit may be required to be accompanied by a plat, in duplicate,
in a form and size suitable for permanent filing and drawn to scale,
showing the actual dimensions of the lot to be built upon, per the
recorded plat of the land. The plat shall also show the size, shape
and locations of all present and proposed buildings and such other
information as may be necessary to provide for the enforcement of
this Chapter. A record of the applications and plats shall be kept
in the office of the Zoning Administrator.
B.
Processing Building Permits. A building permit shall be
either issued or refused by the Zoning Administrator within ten (10)
days after receipt of an application or within such further period
of time agreed to by the applicant. When the Zoning Administrator
refuses to issue a building permit, the applicant shall receive written
reasons for the refusal. The applicant may make technical corrections
to the permit application and resubmit the application. A refusal
by the Zoning Administrator to issue a building permit may be appealed
to the Board of Adjustment.
C.
Fence Permits And Plats. Any owner of property wanting to
construct a fence in any required rear or side yard as provided above
shall first file an application with the Zoning Administrator. A plan
or plat of the entire property shall accompany the application and
such plan must be approved by the Zoning Administrator.
D.
Inspection Of Land And Buildings. The Zoning Administrator,
City Engineer or other authorized personnel of the City in the performance
of their functions may inspect, examine and survey any building or
land use and place notices concerning the provisions of this Chapter.
[R.O. 2009 §410.840; Ord. No. 2040 §13-5, 9-15-2003]
The Board of Aldermen may establish a schedule of fees, charges
and expenses and a collection procedure for building permits, certificates,
appeals and other matters pertaining to this Chapter. If established,
the schedule of fees shall be on file with the City Clerk and may
be altered or amended as provided by law. If established, no permit,
certificate, conditional use, approval or variance shall be issued
unless or until such costs, charges, fees or expenses listed in this
Chapter have been paid in full, nor shall any action be taken on proceedings
unless or until fees have been paid in full. The schedule of fees
is attached to this Chapter as Appendix A.
[R.O. 2009 §410.850; Ord. No. 2040 §13-6, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used in violation of this Chapter or other regulation made under
authority conferred hereby, the proper local authorities of the municipality,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use, to restrain, correct,
or abate such violation, to prevent the occupancy of said building,
structure or land, or to prevent any illegal act, conduct, business
or use in or about such premises. Such regulations shall be enforced
by the Zoning Administrator or any authorized deputy who is empowered
to cause any building, structure, place, or premises to be inspected
and examined and to order in writing the remedying of any condition
found to exist therein or thereat in violation of any provision of
the regulations made under authority of this Chapter.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of an ordinance violation punishable by a fine of not less than ten
dollars ($10.00) and not more than one hundred dollars ($100.00) for
each and every day that such violation continues. If the offense be
willful, the punishment shall be a fine of not less than one hundred
dollars ($100.00) nor more than two hundred fifty dollars ($250.00)
for each and every day that such violation continues or by imprisonment
for ten (10) days for each and every day such violation shall continue,
or by both such fine and imprisonment in the discretion of the court.
C.
Any
such person who having been served with an order to remove any such
violation shall fail to comply with said order within ten (10) days
after such service or shall continue to violate any provision of the
regulations made under authority of this Chapter in the respect named
in such order shall also be subject to a civil penalty of two hundred
fifty dollars ($250.00).
In addition to the penalties herein above authorized and established,
the City Attorney shall take such other actions at law or in equity
as may be required to halt, terminate, remove or otherwise eliminate
any violations of this Chapter.
