5. Administrative Reviews and Permits.
A. Review of Building Permits. All applications for building permits shall be submitted to the Code Official for review and shall be approved prior to permit issuance. Each application shall include a set of building plans and all data necessary to show that the requirements of this code are met.
B. Site Plan Reviews. The Code Official shall receive all applications for site plan review and review for completeness and prepare submittals for review by the appropriate body.
C. Conditional Uses. The Code Official shall receive all applications for conditional use, review for completeness, and prepare submittals for review by the appropriate body.
D. Amendments. All requests for amendments or changes to the zoning text or map shall be submitted to the Code Official for processing.
E. Enforcement. The Code Official shall be empowered to take such steps as are necessary and permitted by law to enforce the provisions of this Code.
6. Interpretations. The interpretation and application of the provisions of this code shall be by the Code Official. The decision of the Code Official may be appealed to the Board of Adjustment, however, such appeal must be made within 30 days of a written decision. The Board of Adjustment will take formal action on appeals.
7. Liability. The Code Official, acting in good faith and without malice in the discharge of the duties described in this code, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Code Official or other employee because such act or omission performed by the Code Official or employee in the enforcement of any provision of this code or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the enforcement agency shall be defended by the City until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or the City be held as assuming any such liability by reason of the reviews or permits issued under this code.
8. Cooperation of Other Officials and Officers. The Code Official may request, and shall receive so far as is required in the discharge of the duties described in this code, the assistance and cooperation of other officials of the City.
9. Applicant Standing.
A. All applicants are presumed to be in good standing with the City and therefore have a right to submit applications in accordance with the processes and standards set forth in this chapter. However, the City Administrator has the authority to place any application, including (but not limited to) a rezoning application, a conditional use application, or a site plan application, on hold indefinitely or to withdraw any permit at any stage in the respective process by providing written notice of the same by regular mail, in the event the applicant has not fulfilled any significant obligations to the City with respect to current or previous development activities within the City. For the purposes of this section, “development activities” include activities and actions related to construction plans, developer’s agreements, plats, and preliminary and construction site plans.
B. For the purposes of this section, “applicant” means any individual, firm, corporation, association, partnership, limited liability company, or any other business entity or proprietor of land. Any individual person or business entity with a 5% interest or more in the ownership or development of any particular property, whether previously approved or currently proposed, is an “applicant” for the purpose of enforcement of this section.
C. In the event the City Administrator exercises the discretion and authority set forth in this section by placing an application on hold or withdrawing a permit, any applicant may appeal that decision to the Council within 10 days of the date of the notice. The Council shall hear and decide the appeal of the City Administrator’s decision within 30 days after the applicant provides written notice of appeal to the City Administrator. If the Council decides the appeal in favor of the applicant, the City Administrator shall immediately lift the administrative hold and ensure that the application is processed or the permit is reissued in accordance with the City’s ordinances, processes, and procedures.