(a) Final Actions and Decisions by the City Manager. Any party-in-interest aggrieved by any final action, decision, or order by the City Manager or his designee pursuant to this Code may appeal to the Board of Zoning and Building Appeals, except that appeals from the action of the City Manager on an application for site plan approval for minor developments shall be to the Planning Commission and appeals from the final action of the City Manager on architecture/design/historic preservation compliance issues involving a minor residential improvement shall be to the AHBR.
(1) All appeals to the BZBA shall be governed by Section 1202.03, including the time period for filing the appeal.
(2) All appeals to the Planning Commission shall be filed with the secretary of the PC within ten days from the date of the City Manager's action. The PC shall take final action on the appeal within forty-five days from the date that the appeal was filed.
(3) All appeals to the Architectural and Historic Board of Review from a final action of the City Manager with respect to architecture/design/historic preservation compliance issues involving a minor residential improvement shall be filed with the secretary of the AHBR within ten days from the date of the City Manager's final action. The AHBR shall take final action on the appeal within forty-five days from the date that the appeal was filed.
(b) Final Actions and Decisions by the Architectural and Historic Board of Review. Any party-in-interest aggrieved by any final action, decision, or order by the Architectural and Historic Board of Review pursuant to this Code may appeal to the Board of Zoning and Building Appeals. All appeals shall be governed by Section 1202.03
, including the time period for filing the appeal.
(c) Final Actions and Decisions by the Planning Commission. Any party-in-interest aggrieved by any final action, decision, or order by the Planning Commission may appeal to the City Council, except that appeals from PC action on an application for conditional use shall be to the Board of Zoning and Building Appeals:
(1) Appeals to the City Council shall be filed with the City Clerk within ten days from the date of the PC's action. The City Council shall take final action on the appeal within forty-five days from the date that the appeal was filed.
(2) All appeals to the BZBA shall be governed by Section 1202.03, including the time period for filing the appeal.
(Ord. 18-93. Passed 10-15-19.)
(a) General. The office of the City Manager shall be the City agency authorized and empowered to enforce the provisions of this Code as set forth in this chapter.
(b) Violations. It shall be a violation of this Land Development Code to undertake any of the following activities:
(1) Subdivision without final approval of a final subdivision plat or minor subdivision (no plat required);
(2) Grade, cut, clear, or undertake any other land disturbance activity without a zoning certificate;
(3) Residential development, including new single-family development on single lots, accessory structures, additions, alterations, or fences without a zoning certificate or a residential allotment pursuant to Chapter 1211;
(4) Industrial or commercial development including accessory structures, additions, alterations, or fences without a zoning certificate;
(5) Development, construction, alteration, expansion, demolition, or moving of a structure or building in a Historic District or involving a historic landmark without a certificate of appropriateness;
(6) Erect, move, replace, or alter a sign without a zoning certificate;
(7) Occupy, use, or change the use of any structure or land except in compliance with this Code;
(8) Create, expand, replace, or change a nonconforming use except in compliance with this Code;
(9) Failure to comply with any terms, conditions, or limitations contained on the site plan, subdivision plat, landscaping plan, building elevations, or other approved document pertaining to a development or subdivision that has received final approval from the City;
(10) Failure to comply with any condition of record imposed by the appropriate decision-maker upon its review of the final site plan, planned development plan, site-specific development plan, or other plan for development under the provisions of this Code; and
(11) Failure to comply with any provision of the Land Development Code not explicitly stated in the previous divisions (b)(1) through (b)(10) of this section.
(c) Separate Offense. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(d) Notification. The notice of any violation of this Land Development Code shall be as follows:
(1) Whenever the City Manager determines that there is a violation of any provision of this Land Development Code, a notice of such violation shall be issued. Such notice shall:
A. Be in writing;
B. Identify the violation;
C. Include a statement of the reason or reasons why the notice of violation is being issued and refer to the section of the Land Development Code being violated; and
D. State the time by which the violation shall be corrected.
(2) Service of the notice of violation shall be as follows:
A. By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person sixteen years of age or older;
B. By certified mail (return receipt requested) and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the first class mail envelope is not returned by postal authorities with an endorsement showing failure of delivery; or
C. By posting a copy of the notice of violation in a conspicuous place on the premises found in violation.
(e) Penalty. Whoever violates any provision of this Code is guilty of a misdemeanor of the third degree, the penalty for which shall be a maximum fine of five hundred dollars ($500.00) and imprisonment for a maximum period of sixty days, or both. Each day of violation of a provision of this Code is a separate offense. Each subsequent violation within two years of previously being convicted of or pleading guilty to the same provision of this Code shall be a misdemeanor of the first degree which shall be punishable by a maximum fine of one thousand dollars ($1,000) and imprisonment for a maximum of six months, or both.
(f) The court may require a person who is convicted of a violation of this Code to make restitution for all or part of the property damage it has caused by the offense and the court may require the person who is convicted to correct any violation of this Code.
(Ord. 18-93. Passed 10-15-19.)