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(A) Any building, structure, or use located in an approved R1 or R1/PD zoning district shall adhere to the standards and requirements adopted for the PD (Planned Development), Primary and/or Secondary Subdivision Plats, and/or the Rl Bulk Standards as listed in Table 5, Summary of Residential Bulk Requirements (see § 159.106).
(B) Any existing structure or proposed structure meeting the requirements of the adopted planned development, primary or secondary plat, and/or the requirements above, shall be allowed to construct a new structure or modify an existing structure without having to seek a variance from the Board of Zoning Appeals.
(Ord. 18-5-11, passed 6-14-11; Am. Ord. 10-03-13, passed 4-9-13)
ENFORCEMENT
The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided.
(Ord. 62-12-95, passed 1-22-96)
The Director of Planning and Development or his authorized representatives pursuant to this subchapter, may make inspections of all buildings, structures and premises located within the jurisdiction of this chapter to determine their compliance with the provisions of this chapter. Such inspections shall be made between the hours of 8:00 a.m. and 8:00 p.m. on any day except Sunday. All inspections shall be subject to the following standards and conditions.
(A) An inspection may take place only if a complaint has been received by the Director of Planning and Development pursuant to this subchapter, and such complaint, in the opinion of the Director of Planning and Development, provides reasonable grounds for the belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the City are being inspected in their entirety by the direction of the Director of Planning and Development.
(B) The Director of Planning and Development or his authorized representative shall furnish to the owner, tenant, or occupant of the building, structure, or premises sought to be inspected, sufficient identification and information to enable the owner, tenant, or occupant to determine the purpose of the inspection, and that the person is a representative of the City.
(C) The Director of Planning and Development or his authorized representative may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner, tenant, or occupant shall refuse to grant entry.
(Ord. 62-12-95, passed 1-22-96)
If the Director of Planning and Development (Director) finds that any provision of this chapter is being violated, he or she shall provide written notice to the persons responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The notice shall also state what further action the Director may anticipate taking to enforce this chapter (which shall not be a limit on the enforcement authority of the Director) and that an appeal of his or her decision may be taken. Additional written notice(s) may be provided at the Director's discretion.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 32-07-19, passed 7-23-19)
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