(a) This Zoning Code shall be enforced by the Department of Building and Division of Housing under the direction of the Director of Building and Housing. No person shall fail to comply with any provision of this Zoning Code or fail to comply with any lawful order issued under this Zoning Code.
(b) No person shall erect, alter or enlarge any building or structure until a permit for such erection, alteration or enlargement has been issued by the Department of Building and Housing.
(c) No person shall change, substitute or extend the use of any existing building or premises until a certificate of occupancy has been issued. No person shall permit any premises to be occupied for any new, changed, substituted or extended use, until a certificate of occupancy has been issued.
(d) Before any permit or certificate of occupancy is issued, the Director of Building and Housing shall examine or cause to be examined the application therefor, and any plans and plot plan accompanying such application, to ascertain whether the proposed work and use will conform to the provisions of this Zoning Code. No permit or certificate of occupancy shall be issued unless the proposed work and use conform to the provisions of this Zoning Code.
(e) In all instances where yard and open spaces are required by this Zoning Code, a plot plan drawn to scale shall be submitted with the application and shall clearly indicate the proposed yards, the extent of all proposed encroachments beyond required yard lines and the location of and distances to buildings on adjoining premises. The location of front yard lines and side street yard lines shall be checked and approved by the Manager of Engineering and Construction in the Office of Capital Projects before any permit is issued.
(f) Whenever the Director of Building and Housing determines that a use regulated under this Zoning Code is in violation of this Zoning Code, he or she shall notify in writing the person in control of the use. The notice shall order the person in control to cease the use and to take all action necessary to bring the property into compliance with this Zoning Code. The Director shall also notify the owner, if the owner is not the person in control of the use, to take all reasonable action to cause the person in control of the use to cease the use and take all action necessary to bring the property into compliance with this Zoning Code. Reasonable action may include filing an action in an appropriate court.
(g) Notices of Violation issued under this Zoning Code shall be served on responsible parties or owners by one (1) or more of the following methods:
(1) Personal service. The City department issuing the notice may use any method that causes the Notice of Violations to be actually delivered to the responsible party. Actual delivery shall constitute legal service of the Notice of Violations.
(2) Residence service at the owner’s address by leaving a copy of the notice of violation with a person of suitable age and discretion then residing therein;
(3) Certified mail to an address where it is reasonably calculated under the circumstances to reach the owner. When determining such an address, the City shall examine:
A. Information the responsible party provided to the City, such as rental registration information or the address used on an appeal or an application; or
B. Information that a City representative, such as an inspector, has discovered during the performance of their duties; or
C. Information from common and readily available sources such as printed or online directories, credit bureaus, county property records, board of election records, motor vehicle records, court records or other state, county, municipal or federal records.
The City is not required to use all of these methods and is not required to use any one of them; the City must use whatever combination of them is reasonably expected to be successful. The address found can be the property or premises which is the subject of the violation.
(4) Regular mail and posting as follows:
A. Regular mail to the owner at an address found under division (g)(3) above, which may be the address of the property that is the subject of the violation; and
B. Regular mail service to the property address that is the subject of the violation notice, if that address is different from the address in division (g)(4)A.; and
C. Posting of the notice of violation in a conspicuous location on the building, premises or real estate or appurtenance thereto that is the subject of the violation notice.
(5) Service by publication electronically or once in a newspaper of general circulation in the City.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)