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(a) The Building and Zoning Inspectors shall administer and enforce this Zoning Code and may be provided with the assistance of such other persons as the City Council may direct.
(b) If the Building and Zoning Inspectors shall find that any of the provisions of this Zoning Code are being violated, they shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. They shall order the discontinuance of illegal use of land, buildings or structures; the removal of illegal buildings or structures or of illegal additions, alterations or structural changes; and the discontinuance of any illegal work being done. They shall take any other action authorized by this Zoning Code to ensure compliance with or to prevent a violation of its provisions.
(Ord. 1-1988. Passed 4-11-88.)
(a) Zoning and/or Building Permits Required. No building or other structure shall be erected, moved, added to or structurally altered without a zoning and/or building permit therefor, issued by the Building and Zoning Inspectors. No zoning and/or building permit shall be issued by the Building and Zoning Inspectors except in conformity with the provisions of this Zoning Code, unless they receive a written order from the Board of Building and Zoning Appeals, in the form of an administrative review, special exception or variance, as provided by this Zoning Code.
(b) Application for Zoning and/or Building Permits. All applications for zoning and/or building permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot; and the location and dimensions of the proposed building or alteration. The application shall include such other information as may be lawfully required by the Building and Zoning Inspectors, including an existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Zoning Code.
One copy of the plans shall be returned to the applicant by the Building and Zoning Inspectors after they shall have marked such copy either as approved or disapproved and attested to the same by their signatures on such copy. The original plans, similarly marked, shall be retained by the Building and Zoning Inspectors.
(c) Certificates of Occupancy.
(1) No person shall use or occupy, or permit the use or occupancy of, any building or premises, or both, or any part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the Building and Zoning Inspectors, stating that the proposed use of the building or land conforms to the requirements of this Zoning Code.
(2) No non-conforming structure or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the Building and Zoning Inspectors. The certificate of occupancy shall state specifically wherein the non-conforming use differs from the provisions of this Zoning Code, provided that upon the enactment or amendment of this Zoning Code, owners or occupants of non-conforming uses or structures shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of the enactment or amendment of this Zoning Code.
(3) No permit for the erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this Zoning Code upon completion of the work.
(4) A temporary certificate of occupancy may be issued by the Building and Zoning Inspectors for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(5) The Building and Zoning Inspectors shall maintain a record of all certificates of occupancy, and a copy shall be furnished, if requested.
(6) Failure to obtain a certificate of occupancy shall be a violation of this Zoning Code and punishable under Section 1252.99.
(d) Expiration of a Zoning or Building Permit. Any permit issued hereunder shall become invalid unless the work authorized by it shall have been commenced within thirty days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced, provided that, for good cause, extensions of time not to exceed three in number, for periods not exceeding thirty days each, may be allowed, in writing, by the Building and Zoning Inspectors, when applied for by the person to whom the permit was issued.
If the work described in any zoning or building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be cancelled by the Building and Zoning Inspectors, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning or building permit has been obtained.
(e) Construction and Use to be as Provided in Applications, Plans, Permits and Certificates of Occupancy. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the Building and Zoning Inspectors, authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Code, and punishable under Section 1252.99.
(Ord. 1-1988. Passed 4-11-88.)
(a) The City Council shall establish a schedule of fees, charges and expenses and required materials and a collection procedure for Building and Zoning permits, certificates of occupancy, appeals and other matters pertaining to this Zoning Code. The schedule of fees, which is hereby adopted by reference and declared to be a part of this Zoning Code, shall be posted in the office of the Building and Zoning Inspectors and may be altered or amended only by the City Council.
(b) Until all applicable fees, charges and expenses have been paid in full, and all required materials have been submitted, no action shall be taken on any application or appeal.
(Ord. 1-1988. Passed 4-11-88.)
All applications filed to modify the zoning of any property within the City shall be accompanied by a fee of four hundred fifty dollars ($450.00). If the actual costs exceed the established fee, the applicant shall be billed for any additional costs.
(Ord. 75-1985. Passed 1-13-86; Ord. 22-2002. Passed 4-8-02.)
Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Building and Zoning Inspectors. They shall properly record such complaint and immediately investigate and take action thereon as provided by this Zoning Code.
(Ord. 1-1988. Passed 4-11-88.)
(a) Whoever violates or fails to comply with any of the provisions of this Zoning Code, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, is guilty of a misdemeanor.
(b) Any person who offers the sale of land, enters into a contract of sale of land, or sells, transfers or otherwise disposes of land, before all the requirements of this Zoning Code are complied with, or who neglects or refuses to comply with, or otherwise violates, any provision of this Zoning Code, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) or imprisoned not more than thirty days, or both, and, in addition, shall pay all costs and expenses involved in the case. Furthermore, each day during which such violation of any provision of this Zoning Code shall continue shall be deemed to constitute a separate violation. In case any person violates any of the provisions of this Zoning Code, as aforesaid, the City Solicitor, in addition to the foregoing fines and penalties, and in addition to the remedies otherwise provided by law, is hereby authorized to institute an appropriate action or proceeding at law or in equity to prevent such violation, or to restrain, correct or abate such violation.
(c) The owner or tenant of any building, structure, premises or part thereof, or any architect, builder, contractor, agent or other person, who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.
(d) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 1-1988. Passed 4-11-88.)