§ 7. Administration, Enforcement, Penalties  


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  • SECTION 7. - ADMINISTRATION, ENFORCEMENT, PENALTIES

    The legislative function of enactment and amendment of the zoning ordinance is performed by the city commission. Thereafter, administration of the ordinance is carried out by three (3) separate city agencies, each with its own specialized duties.

    First. The municipal building inspector is charged with enforcing the ordinance, through examining plans, inspections, keeping records, and ordering compliance.

    Second. The board of adjustment hears and decides cases in which it is claimed either that some ruling of the zoning enforcement officer was in error, that special circumstances require a variance from the strict terms of the ordinance, or special exceptions to the terms of this ordinance upon which the board of adjustment is required to pass judgment.

    Third. The city planning commission is responsible for a continuous review of the effectiveness of the ordinance, advice to the city commission on proposed changes in the ordinance, advice to the board of adjustment and other agencies, advice to the municipal building inspector.

    The functions of each of these agencies are necessary to the smooth and purposeful administration of the zoning program.

    1. Zoning enforcement officer. The building inspector is hereby authorized, and it shall be his duty, to enforce and administer the provisions of this ordinance. He shall give information upon request as to the provisions of this ordinance and shall interpret the meaning of the ordinance in the course of enforcement.

    2. Building permit required. No building or other structure shall be erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced (except repairs, not changing the character of the structure and not exceeding one thousand dollars ($1,000.00) in cost, or painting or wallpapering) until the building inspector has issued a building permit for such work. (Ord. No. A-123, 8-28-95)

    3. Application for building permit. Each application to the building inspector for a building permit shall be accompanied by plot plans in duplicate showing:

    a. a statement of intended use;

    b. the actual dimensions of the lot to be built upon;

    c. the size of the building to be erected;

    d. the location of the building on the lot;

    e. the location of existing structures on the lot, if any;

    f. the number of dwelling units the building is designed to accommodate;

    g. the approximate setback lines of buildings on adjoining lots;

    h. such other information as may be essential for determining whether the provisions of this ordinance are being observed.

    Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six (6) months of its date of issue or if the work authorized by it is suspended or abandoned for a period of one (1) year.

    4. Certificate of occupancy required. A certificate of occupancy issued by the building inspector is required in advance of:

    a. Occupancy or use of a building hereafter erected, altered or moved.

    b. A change of use of any building or land.

    c. In addition, a certificate of occupancy shall be required for each nonconforming use created by the passage of and subsequent amendments to this ordinance. The owner of such nonconforming use shall obtain a certificate of occupancy within thirty (30) days of the date of said passage of and subsequent amendments to this ordinance.

    A certificate of occupancy, either for the whole or part of a building shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alterations of such building, or part, shall have been completed in conformity with the provisions of this ordinance. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance. If the certificate of occupancy is denied, the building inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land involved.

    5. Remedies and penalties for violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this ordinance, the building inspector shall within ten (10) days of notification, institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or restrain, correct or abate such violation, to prevent the occupancy of such act, conduct, business or use in or about such premises. Any person who violates any provision of this ordinance shall, upon conviction by a court of competent jurisdiction, be guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine not exceeding one hundred dollars ($100.00) or by imprisonment not to exceed thirty (30) days, or both. Each day that a violation continues to exist shall be considered a separate offense.