1105.01 ADMINISTRATION AND APPEAL.

   (a)    This Code shall be enforced by the Building Commissioner. The Commissioner shall refuse to issue a permit if the proposed building or structure or use of the building, structure or land would violate any of the laws of the City or of the State. No person shall proceed with any construction or excavation that is not authorized by a permit, and any such construction or excavation shall constitute a violation to the same extent as though no permit had been issued.  If the Commissioner finds that any construction, reconstruction or other use of land or a building or other structure in the City is being done or has been done without a permit having first been obtained, as required under any of the laws of the City or of the State, the Commissioner shall immediately issue a "Stop Work" order if the work is under construction and/or an order to "cease and desist" the use or occupancy of all or any part of a building, structure or use which was built, constructed or used or is being used in violation of the laws of the City or of the State.  Such "stop work" order or "Cease and Desist" order shall remain in full force and effect until the owner has obtained all of the required permits and complied with all of the required laws pertinent to the building, structure or use and has paid the required additional permit fees.

   (b)   Any decisions of the Building Commissioner made in the enforcement of Code may be appealed to the Commission by any person or persons claiming to be adversely affected by such decisions, or in given cases Commission may, on its own motion, order the Building Commissioner to certify to it for review his records and findings relative to any permit issued or decision made by him.  Any such appeal or order to certify shall be taken within fifteen (15) days from the date of the filing of such decision with the Clerk, and the decision of the Commission shall have the same force and effect as in the case of appeals taken to the Commission by persons claiming to be adversely affected by the decision of the Building Commissioner.

      (1)   The Clerk shall send a written notice of all such appeals to every abutting property owner and to the property owner across the street, to the addresses shown on the most recent City records.  Any other person requesting a notice shall also receive one.  All notices shall be mailed by first class mail at least five (5) days prior to the date of the hearing before the Commission.  The failure to send or receive such notice shall not in itself invalidate the application or further proceedings; however, the Commission may postpone a hearing in whole or part for further notice or for any sufficient cause.  Any person signing a waiver shall not be entitled to notice.

      (2)   During the pendency of any appeal, the action of the Building Commissioner which has been appealed shall remain in full force and effect during the pendency of the proceedings.  The Commission shall examine the facts of each case fully, shall hear all persons desiring to be heard and claiming to be affected by the decision appealed from, may receive pertinent exhibits, may request additional information from any of the parties or obtain professional opinions, and may require that testimony be given under oath.  The Commission shall issue, modify or refuse the permit or affirm, reverse or modify the decision of the Building Commissioner in conformity with the provisions of this Code and the laws of the State.

   (c)   The provisions of Part Thirteen - the Building Code relating to the issuance of permits are hereby modified to conform to the provisions of this Code.  Any decisions of the Architectural Board of Review may be appealed to the Commission by any Applicant claiming to be adversely affected by such decisions.  During the pendency of any appeal, the action of the Architectural Board of Review which has been appealed shall remain in full force and effect.  The Commission shall examine the facts of each case fully, shall hear all persons desiring to be heard and claiming to be affected by the decision appealed from, may receive pertinent exhibits, may request additional information from any of the parties or obtain professional opinions, and may require that testimony be given under oath.  The Commission shall issue, modify or refuse to issue the permit or affirm, reverse or modify the decision of the Architectural Board of Review.

(Ord. 2018-94.  Passed 10-21-19.)