A. Project Approval Required: Any person or entity, before building a new home, business, shed or garage; before moving or placing a mobile or modular home on new property; before changing the exterior footprint of any building; structurally altering the exterior of any building; or before constructing a new fence, deck, mobile shed or porch within the incorporated area of the municipality, shall first obtain project approval from the Hatch town planning and zoning commission and the Hatch town council verifying that there is sufficient water, sewer and wastewater capacity, and that the project complies with zoning ordinances and all other adopted ordinances for the municipality. (Ord. 2006-06, 11-15-2006)
B. Building Permit Required: After obtaining project approval from the municipality, the party shall then obtain a building permit from the Garfield county building inspector.
C. Applications And Fee: The party applying for a building permit shall first file with the county building inspector an application, on a form authorized and approved by the county, together with the applicable fee, and shall fully and completely disclose all information required to complete the same. The amount of such fee shall be in accordance with the schedule, attached to the ordinance codified herein and incorporated herein by this reference as exhibit A, which is on file in the town office. (2001 Code)
There will additionally be an administrative fee as set by the town council for each building permit granted by the town. (Res. 2006-04, 5-17-2006)
D. Approval By Building Inspector: Upon receipt of the application, fee and preliminary approval by the town, if it appears to the county building inspector that the application complies with all applicable laws and regulations, it shall be approved.
E. Powers And Duties Of Building Inspector:
1. Generally: The county building inspector and/or his agent shall have the following powers, duties and responsibilities within the town:
a. To enter, at any reasonable time, and without prior notice, upon the premises of any building where construction, remodeling or other structural alteration is taking place, or upon any premises deemed to be unsafe, for purposes of inspecting the same.
b. To order all work to be stopped on the construction, remodeling or structural alteration of any building, when such work is being done in violation of any of the provisions of this chapter, and any applicable law or regulation. Work shall not proceed on such premises, after the issuance of a stop order, without the prior written consent of the county building inspector.
c. To inspect all buildings being constructed, remodeled or structurally altered, to determine compliance with all applicable building construction and safety codes, and to enforce the provisions of the same.
d. To examine all applications for building permits, to determine their compliance with applicable law, and to review the same.
2. Discretion To Approve Or Reject: The county building inspector shall have the power to either approve or reject a building permit application. If the application is rejected, the reason for the rejection shall be specified, in writing, by the building inspector. If the application is approved, the building permit may be issued upon payment of the appropriate fee according to the authorized fee schedule.
F. No Material Variation From Permit: No material variation from approved plans or the terms of the building permit approved by the county building inspector shall be permitted without the prior written consent of the county building inspector.
G. Appeal:
1. Any person aggrieved by a decision of the county building inspector may appeal such decision by filing with the town clerk, a notice of appeal, no later than ten (10) days following the date of issuance of the decision which is the subject of the appeal.
2. The notice of appeal shall be in writing, and shall state with specificity the reasons for the appeal. The town clerk shall then refer the appeal to the appropriate body, either the board of adjustment, or if there is no board of adjustment, to the town council for review. The appropriate municipal body shall then hold a public hearing, not less than thirty (30) days after receipt of the notice of appeal.
3. At the public hearing, the aggrieved person shall appear and show cause why the decision of the building inspector was in error, and why said decision should be reversed. The building inspector shall also appear to defend his/her decision. The county attorney may assist the building inspector at the hearing. The hearing shall be informal, and the Utah rules of civil procedure and Utah rules of evidence shall not apply. The hearing shall be recorded.
4. At the hearing, the aggrieved person shall bear the burden of proof, and unless the decision of the building inspector shall be found, by a preponderance of the evidence, to be arbitrary, capricious, or a clear abuse of discretion, the decision of the building inspector shall be affirmed.
5. If the aggrieved person wishes to appeal the decision of the board of adjustment or town council, he/she may then appeal directly to the district court of the county. (2001 Code)