[Ord. No. 224 §§1 —
2(29.01), 10-19-2005]
It is the purpose of this Article to provide the procedures
for the administration of the Chapter, issuance of permits, inspections
of properties, collection of fees and enforcement against violators
of the provisions of this Chapter and amendment thereto.
[Ord. No. 224 §§1 —
2(29.02), 10-19-2005; Ord. No. 315 §3, 7-20-2011; Ord. No. 331 §2, 9-10-2012]
A.
Except where herein otherwise stated, the provisions of this Chapter
shall be administered by the City Engineer or by his/her designee
as the Board of Aldermen and/or Planning and Zoning Commission may
designate to enforce provisions of this Chapter.
B.
The City Engineer shall review and recommend to the Planning and
Zoning Commission and/or Board of Aldermen granting certificates of
zoning compliance, building permits, City proposal or quote for new
business, technical information, site plans and to make inspections
of buildings or premises necessary to carry out the duties in the
enforcement of this Chapter.
[1]
Editor’s Note: Former Section 405.735, Duties of the
City Engineer, as adopted and amended by Ord. No. 224 §§1
—2(29.03), 10-19-2005, was repealed 7-20-2011 by Ord. No. 315
§4.
[Ord. No. 224 §§1 —
2(29.04), 10-19-2005]
A.
The
City Engineer shall require that all applications for certificates
of zoning compliance shall be accompanied by plans and specifications
including a plot plan for the site in duplicate drawn to scale. The
City Clerk shall retain the original and City Engineer shall retain
a copy for his/her files.
B.
The
certificate of zoning compliance signifies that, in the opinion of
the City Engineer, the intended use, building or structure complies
with all provisions of this Chapter. It shall be unlawful to change
a type of use of land, to change the type of use or occupancy of any
building or structure or to extend any use on any lot on which there
is a non-conforming use of structure, until a certificate of zoning
compliance has been issued. Where a building permit is required, application
for a certificate of zoning compliance shall accompany or precede
the application for a building permit. (In all other cases in which
a building permit is not required, the application for a certificate
of zoning compliance shall be made prior to the date when a new or
enlarged use of a building or lot or part thereof is intended to begin.)
C.
Applications
for certificates of zoning compliance shall be made to the City Engineer.
[Ord. No. 224 §§1 —
2(29.05), 10-19-2005]
Any certificate of zoning compliance granted under this Chapter
shall become null and void unless construction and/or use is commenced
within one hundred eighty (180) days and completed within three hundred
sixty (360) days of the date of issuance.
[Ord. No. 224 §§1 —
2(29.06), 10-19-2005]
A.
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 applied in writing to the City Engineer for a building
permit to do so and a building permit has been granted therefore.
Primary responsibility for securing the necessary permits shall be
the property owner's. However, if the property owner should contract
part or all of the proposed work, it shall become the responsibility
of the person or firm hired to ensure that all required permits and
approval have been secured prior to any work being initiated.
B.
Blank
forms shall be provided by the City at the City Engineer's office
for the use of this applying for permits as provided in this Chapter.
Any permits issued by the City Engineer shall be on standard forms
for such purpose and furnished by the Board of Aldermen. There shall
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.
C.
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 one
(1) year of the time of issuance shall expire by limitation.
[Ord. No. 384 §§ 1
— 2,9-8-2015]
[Ord. No. 224 §§1 —
2(29.07), 10-19-2005]
A.
A permit
may be revoked by the City Engineer at any time prior to the completion
of the building or structure for which the same was issued, when it
shall appear to him/her that 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.
B.
Written
notice of such violation shall be served upon the owner, his/her 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 locations and thereafter no such construction
shall proceed.
[Ord. No. 224 §§1 —
2(29.08), 10-19-2005; Ord. No. 343 §1, 1-14-2013]
The Board of Aldermen shall establish and impose fees, charges
and expenses for building permits, certificates of zoning compliance,
site plan approval, rezoning, appeals and other matters pertaining
to this Chapter. In addition to the regular fees imposed by the City,
any applicant shall pay for all third-party costs in the event that
a consultant or other third party is engaged by the City to conduct
plan review or inspections; the applicant shall pay the actual cost
borne by the City in such a case. The Board of Aldermen shall establish
a procedure for collection of such fees, charges and expenses. The
fees, charges and expenses may only be amended or altered by action
of the Board of Aldermen. No permit, certificate, conditional use,
approval or variance shall be issued unless or until such costs, charges,
fees or expenses have been paid in full to the City, nor shall any
action be taken on proceedings before the Board of Aldermen, unless
or until such costs, charges, fees or expenses have been paid in full
to the City.
[Ord. No. 224 §§1 —
2(29.09), 10-19-2005]
A.
The
City Engineer or his/her duly authorized representative shall have
power to cause any land, 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 threat in violation of this
order. Any owner, lessee or tenant who, having been served with an
order in writing signed by the City Engineer or his/her authorized
representative to correct or remove such violations, shall fail to
comply with such order within ten (10) days after such service or
who shall continue to violate any of the regulations in this order
shall be guilty of a misdemeanor and shall be in violation of this
Chapter and shall be subject to a fine not to exceed five hundred
dollars ($500.00). Each day of violation shall constitute a separate
offense.
B.
Any
lessee, owner or tenant of land located within any incorporated area
of City of New Melle who shall construct, reconstruct, alter, relocate
or maintain any building or other structure or use of such land in
violation of the provisions of this Chapter shall be guilty of a misdemeanor.
In the case of such violation the Board of Aldermen or the owner of
any private property or any public body the property of whom or which
is or may be affected by any such violation may institute in the Circuit
Court any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, relocation or
maintenance or use or to restrain, abate or correct such violation
or to prevent the occupancy of such building or structure or unlawful
use of such land and to prevent any illegal act, conduct, business
or use in or about the premises.
C.
The
owner or general agent of any such land, building, structure or premises
where a violation of this zoning ordinance has been committed or shall
exist or the lessee or tenant of any 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 violation has been committed or shall exist or the owner,
general agent, architect, builder or contractor or any other person
who knowingly commits, takes part or assists in such violation or
who maintains any building or premises in which any such violation
shall exist shall be guilty of a misdemeanor and shall be subject
to a fine not to exceed five hundred dollars ($500.00). Each day of
violation shall constitute a separate offense.
[Ord. No. 224 §§1 —
2(29.10), 10-19-2005]
Building permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violations of this Chapter and punishable as provided by Section 405.765 herein.
