§ 159.83  ADMINISTRATION AND ENFORCEMENT; PENALTY; BUILDING PERMITS; CERTIFICATES OF ZONING COMPLIANCE; OCCUPANCY AND USE PERMITS.
   (A)   Administration and enforcement.  The Building Inspector or another administrative official of the city shall be designated by the Mayor to administer the provisions of this subchapter.
      (1)   Complaint. If the Building Inspector or his or her authorized representative shall find, or if any person files with him or her a complaint in writing alleging that any of the provisions of this subchapter are being violated, he or she shall immediately investigate and when necessary give written notice of the person responsible to cease those violations, forthwith.
      (2)   Right to enter. The Building Inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out the duties in the enforcement of this subchapter.
      (3)   Notice. Notice may be delivered in person or by certified mail to the violator or to any person owning or leasing a property where violation is occurring.
   (B)   Penalty for violation.
      (1)   Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
      (2)   Whenever any building work is being done contrary to the provisions of this subchapter, the City Building Inspector or his or her duly authorized representative may order the work stopped by notice in writing served on the owner or contractor doing the work or causing the work to be done, and any such person shall forthwith stop the work until authorized to proceed with the work.
   (C)   Occupancy, building and use permits.
      (1)   Building permits required.
         (a)   No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the Building Official.
         (b)   A building permit shall not be issued except in conformity with the provisions of this subchapter, unless otherwise authorized by the Board of Adjustments in the form of a variance as provided by this subchapter.
         (c)   All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to build upon, the size of the building to be erected, the use of the property and other information as may be necessary to provide for the enforcement of these regulations.
         (d)    A careful record of the plats shall be kept in the office of the City Secretary, or such other person as may be designated by the City Council.
      (2)   Certificates of occupancy for new, altered or nonconforming uses.
         (a)   It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure nor will permanent utility connections to serve the premises be made until a certificate of occupancy shall have been issued therefore by the City Secretary or his or her authorized representative stating that the proposed use of the land conforms to the requirements of this subchapter.
         (b)   Failure to obtain a certificate of occupancy shall be a violation of this subchapter, and punishable under the provisions of this subchapter.
         (c)   A certificate of occupancy shall be issued within ten days after the erection or structural alteration of the building shall have been completed in conformity with the provisions of this and other applicable ordinances.
         (d)   A temporary certificate of occupancy may be issued by the City Secretary or his or her authorized representative for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that the temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. The temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises, or any other matter covered by this subchapter.
      (3)   Construction and use to be as provided in applications, plans and permits.
         (a)   A building permit may be revoked by the Building Official at any time prior to the completion of the building or structure for which the same is issued, when it shall appear that there is a departure from the plans, specifications or conditions as required under the terms of the permit, that the same was procured by false representation, or was issued by mistake, or that any of the provisions of the zoning ordinance are being violated.
         (b)   Upon the failure, refusal or neglect of any owner, his or her agent, contractor or duly authorized representative to secure the permit and pay the prescribed fee therefore, as herein provided, the Building Inspector may issue a stop order served upon the owner, his or her agent or contractor, or upon any person employed upon the building or structure for which the permit was issued, and thereafter no such construction shall proceed.
(2005 Code, § 12-11-4)  Penalty, see § 10.99