(a) Issuance of Permit. The Building Permit Officer shall issue a building permit only after it has been determined that the proposed construction will be in conformance with all applicable requirements and regulations.
(b) Application Procedures. Application for such a building permit shall be made, in writing, to the Building Permit Officer on forms supplied by the Municipality. Such application shall contain at least the following:
(1) Name and address of applicant.
(2) Name and address of owner of land on which proposed construction is to occur.
(3) Name and address of contractor.
(4) Site location.
(5) Brief description of proposed work and estimated cost.
(6) A plan of the site showing that exact size and location of the proposed construction as well as any existing building or structures.
(c) Changes. After the issuance of a building permit by the Building Permit Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Building Permit Officer.
(d) Placard. In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall display the number of the building permit, the date of its issuance and signature of the Building Permit Officer.
(e) Start of Construction. Work on the proposed construction shall begin within six (6) months after the date of the issuance of the building permit or the permit shall expire, unless a time extension is granted in writing, by the Building Permit Officer. Construction shall be considered to have started with the first replacement of permanent construction of this site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure of any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or mobile home to permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for basement, footings, piers or foundation, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electric or other service lines from the street.
(f) Inspection and Revocation. During the construction period, the Building Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. In the event the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by the applicant, the Building Permit Officer shall revoke the building permit and report such fact to the City Building Commission for whatever action it considers necessary.
(g) Fees. Application for a building permit shall be accompanied by a fee, payable to the municipality, based upon the estimated cost of the proposed construction as determined by the Building Permit Officer at the following rates:
Estimated Cost | Fee |
$00.00 to $500.00 | $0.00 |
$501.00 to $2,000.00 | $10.00 |
$2,001.00 to $3,000.00 | $15.00 |
$3,001.00 to $4,000.00 | $20.00 |
$4,001.00 to $5,000.00 | $24.00 |
$5,001.00 to $6,000.00 | $28.00 |
$6,001.00 to $7,000.00 | $32.00 |
$7,001.00 to $8,000.00 | $36.00 |
$8,001.00 to $9,000.00 | $40.00 |
$9,001.00 to $10,000.00 | $44.00 |
$10,001.00 to $11,000.00 | $48.00 |
$11,001.00 to $12,000.00 | $52.00 |
And: an additional assignment of $20.00 for each addition $1,000.00 or part thereof beyond the first $12,000.00.
For purposes of determining an estimated cost of the proposed construction, the Building Permit Officer shall have the right to review and inspect any contractor estimates, mortgage applications or other information in the possession of the applicant, which would assist the Building Permit Officer in assessing a fair cost of construction.
(h) Appeals. Any person aggrieved by the Building Permit Officer’s estimate of the cost of the proposed construction may appeal to the City Building Commission. Such appeal must be filed, in writing, within thirty (30) days after the determination of the Building Permit Officer. Upon receipt of such appeal, the City Building Commission shall set a time and place not less than ten (10) nor more than thirty (30) days for the purposed hearing of the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear to be heard. The determination of the estimated cost by the City Building Commission shall be final in all cases. Any person aggrieved by a final determination of the City Building Commission shall be entitled to seek an appeal before the Circuit Court of Mineral County within twenty (20) days of the date of the final determination.
(i) Penalties. Any person, partnership, business or corporation who fails to comply with any or all the requirements or provisions of this article who knowingly provides false information or makes misrepresentations upon the application for a building permit shall be guilty of a misdemeanor offense and, upon conviction, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Issuance of a citation against any person violating the provisions of this article may be effected by any member of the City Police Department, the City Administrator, or the City Building Inspector. Jurisdiction for prosecution of violations under this article shall be before the the Municipal Court for the City of Keyser. Each day during which any violation of this article continues shall constitute a separate offense.
Exclusive of or in addition to the potential for prosecution herein, the City Building Commission shall be entitled to seek injunctive relief before the Circuit Court of Mineral County to enjoin any person, partnership, business or corporation from any further construction or improvements until there is compliance with the provisions of this article.
Any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this article may be declared by the City Building Commission to be a public nuisance and abatable as such. (Ord. 173. Passed 8-12-09.)