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In their interpretation and application, the provisions of the chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law, or ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.
(1993 Code, § 82-7) (Ord. passed 10-12-1992)
Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.
(1993 Code, § 82-8) (Ord. passed 10-12-1992)
§§ 82-9 -- 82-25 RESERVED.
ARTICLE II. ADMINISTRATION
(A) Municipal civil infraction. Any person violating any of the provisions of this chapter shall be responsible for a municipal civil infraction.
(B) Public nuisance per se. Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions of this chapter, is hereby declared to be a public nuisance per se and may be abated by order of any court of competent jurisdiction.
(C) Fines, imprisonment. The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be liable to the fines herein provided.
(D) Each day a separate offense. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
(E) Rights and remedies cumulative. The rights and remedies provided in this section are cumulative and in addition to any other remedies provided by law.
(1993 Code, § 82-26) (Ord. passed 10-12-1992; Ord. passed 2-26-1996)
The provisions of this chapter shall be administered and enforced by the Building Official or by such deputies of his department as the Building Official may delegate to enforce the provisions of this chapter exclusive of the provisions of the Mobile Home Commission Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 et seq., as amended, which are under the jurisdiction of the state.
(1993 Code, § 82-27) (Ord. passed 10-12-1992; Ord. 3-12-2007)
(A) The Building Official shall have the power to grant zoning compliance and occupancy permits and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the Building Official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter.
(B) The Building Official, and/or such other officers or departments as shall be designated by the City Manager, shall record in duplicate, 1 copy of which shall be filed with the City Clerk, all nonconforming uses of structures and land existing at the effective date of this chapter for the purpose of carrying out the provisions of § 82-453 of this chapter.
(C) The Building Official is under no circumstances permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties as Building Official.
(D) The Building Official shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of the permit.
(1993 Code, § 82-28) (Ord. passed 10-12-1992)
(A) The Building Official shall require that all applications for building permits for uses not covered in § 82-471 shall be accompanied by plans and specifications, including a plot plan, in duplicate, drawn to scale, showing the following:
(1) The actual shape, location and dimensions of the lot;
(2) The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any building or other structures already on the lot;
(3) The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate;
(4) Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
(B) One copy of the plans shall be returned to the applicant by the Building Official, after he shall have marked such copy either as approved or disapproved. The second copy shall be retained in the office of the Building Official.
(1993 Code, § 82-29) (Ord. passed 10-12-1992)
The following shall apply in the issuance of any permit.
(1) Permits not to be issued. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this chapter.
(2) Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.
(3) Permits for new use of building. No building, structure, or part thereof shall be changed to or occupied by a use of a different class or type unless a building permit is first obtained for the new or different use.
(4) Permits required. No building, structure, or part thereof shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the City Building Code, Housing Law of Michigan, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.
(5) Deposit of guarantee. Any guarantee required by this chapter shall be deposited with the City Clerk prior to the issuance of permits.
(1993 Code, § 82-30) (Ord. passed 10-12-1992)
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