(A) Administrative/Enforcement Officer.
(1) Provisions of this chapter shall be enforced by an Administrative/Enforcement Officer who may be designated as provided in § 17.04.080 to administer said ordinance. The Admin istrative/Enforcement Officer may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Chief of Police and/or County Sheriff’s office in enforcing orders of the City and/or County Attorney in prosecuting violations, and of other officials.
(2) (a) The Administrative/Enforcement Officer shall be authorized to issue building permits. The Administrative/Enforcement Officer shall keep accurate records in a permanent file and/or certificates of occupancy in accordance with the literal terms of this chapter, but may not have the power to permit any construction, or to permit any use or any change of use which does not conform to the literal terms of this chapter, for the issuance of building permits, certificates of occupancy, inspections, violations, stop-orders, and condemnations.
(b) If the Administrative/Enforcement Officer finds any provisions of the ordinance being violated, the person or persons responsible for such violation shall be notified by the Admin istrative/Enforcement Officer through registered mail. Said notification shall order the discontinuation of any illegal use of land, buildings, and/or structures.
(3) Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
(4) The Administrative/Enforcement Officer shall be required to inform and/or report his or her actions to the Planning Commission. Said report shall be in writing and issued to the Planning Commission on or before each monthly meeting.
(B) Building permits.
(1) It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings over 200 square feet, or to commence the moving, alteration, or demolition of any building, including accessory buildings (over 200 square feet), until the Admin istrative/Enforcement Officer has issued a building permit for such work.
(2) Building permits shall be required for all structures over 200 square feet with a roof.
(3) No building permit or certificate of occupancy shall be required in the following cases:
(a) Recurring maintenance work; and
(b) Installation of required improvements according to an approved subdivision plat.
(C) Procedure.
(1) Application. In applying to the Administrative/Enforcement Officer for a building permit, the applicant shall submit a plan along with the application; drawn to scale, showing the dimensions of the lot to be built upon, the outside dimensions of all structures to be constructed or altered, and all existing structures the use of structures, yard depths, and any other information necessary for determining compliance with this order. The City Water and Wastewater Office’s or the County Health Department’s certificate approving proposed water and sewerage facilities must accompany applications according to § 17.04.500.
(2) Issuance. If the proposed construction or alteration conforms to all applicable ordinances, regulations, and codes, the Administrative/Enforcement Officer shall issue a building permit authorizing such construction or alteration. If proposed construction or alteration fails to conform, the Administrative/Enforcement Officer shall refuse to issue a building permit and shall cause delivery of written notice to the applicant stating the reasons for refusal. The Administrative/Enforcement Officer shall act upon applications for building permits within two weeks from the date of their submission.
(3) Restraint of construction without permit. If no building permit has been issued and a builder begins or continues to build, a restraining order may be obtained upon application to the proper court of record. Evidence of the lack of a building permit shall establish a prima facie case for the issuance of the restraining order.
(4) Validity. The issuance of a building permit shall not waive any provisions of this regulation.
(5) Duration. A building permit shall become void one year from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein. A building permit may be renewed without fee upon review by the Administrative/Enforcement Officer before it becomes void.
(D) Certificate of occupancy. No land or buildings or part thereof hereafter erected or altered in its use or structure shall be used until the Administrative/Enforcement Officer shall have issued a certificate of occupancy stating that such land, building, or part thereof and the proposed use thereof, are found to be in conformity with the provisions of this regulation. Within three days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Administrative/Enforcement Officer to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof and the proposed use thereof, are found to conform with the provisions of this regulation; or, if such certification is refused, to state refusal in writing with the cause, and immediately thereupon to mail notice of such refusal to the applicant at the address indicated in the application.
(E) Enforcement by Commission. The Planning Commission may bring action for all appropriate relief, including injunctions against any governmental bodies or any aggrieved person who violates the provisions of this chapter.
(F) Enforcement.
(1) Correction period. All violations of this chapter shall be corrected within a period of 30 days after the order to correct is issued by the Administrative/Enforcement Officer or in such longer period of time, not exceeding six months, as the Administrative/Enforcement may determine. A violation not corrected within the allowed time for correction shall be reported to the City and/or County Attorney who shall initiate prosecution procedures.
(2) Violation a misdemeanor. Every person, corporation, or firm who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter or any permit, license, or exception granted hereunder, or any lawful order of the Administrative/Enforcement Officer, the Board of Adjustment, the Planning Commission, the City Council, or the Fiscal Court issued in pursuance of this chapter, shall be guilty of a Class B misdemeanor.
(3) Remedies. The Administrative/Enforcement Officer, the Board of Adjustment, the Planning Commission, the City Council, the Fiscal Court, or any interested party may institute an injunction, mandamus, abatement, or other appropriate proceedings to prevent, enjoin, abate, or remove any violation of this chapter.
(G) Fee schedule.
(1) The City Planning Commission, under advice from the City Council, shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of occupancy, appeals, and other matters pertaining to this chapter.
(2) The schedule of fees shall be posted in the office of the Administrative/Enforcement and may be altered or amended only by official action of the Planning Commission.
(3) Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 2004-03, passed - -; Ord. 1998-15, passed 10-13-1998; Ord. 2004-04, passed 8-3-2004; Ord. 2004-06, passed 11-19-2004; Ord. passed 5- -2005)