Section 3 Admin and Enforcement Building Permits and CO's
SECTION 3
ADMINISTRATION AND ENFORCEMENT;
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
3.1 ADMINISTRATION AND ENFORCEMENT - The Administrative Official
appointed by the City Manager shall administer and enforce this ordinance. He
shall be provided with the assistance of such other persons or consultants as the
City Council may direct. If the Administrative Official shall find that any of the
provisions of this ordinance are being violated, he shall notify in writing the
landowner or person responsible for the violation indicating the nature of the
violation and ordering the action necessary to correct it. He shall order
discontinuance of any illegal use of land, buildings, or structures; removal of
illegal buildings or structures or of illegal additions, alterations or structural
changes; discontinuance of any illegal work being done; or shall take any other
action authorized by this ordinance to ensure compliance with or to prevent
violation of its provisions.
3.2 COMPLAINTS REGARDING VIOLATIONS - Whenever a violation of this
ordinance occurs, or is alleged to have occurred, any person may file a written
complaint with the Administrative Official, such complaint stating fully the
causes and basis thereof. The Administrative Official shall properly record such
complaint, immediately investigate, and take action thereon as provided by this
ordinance. The Administrative Official, or his duly authorized representative,
shall have the right to enter upon any premises in the City at reasonable times for
the purpose of making inspections of buildings or premises necessary
to carry out the enforcement of this ordinance.
3.3 BUILDING PERMITS REQUIRED - No building or other structure shall be
erected, moved, added to or structurally altered without a permit therefore issued
by the Administrative Official. No building permit shall be issued by the
Administrative Official except in conformity with the provisions of this ordinance
or other ordinances of the City unless approved by the Zoning Board of
Adjustment in the form of an administrative review, special
exception, or variance as provided by this ordinance. (As amended by Ordinance
No. 480-D.)
3.4 APPLICATION FOR BUILDING PERMIT - All applications for 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 of buildings already existing, if any, and the location and
dimensions of the proposed building or alteration. The application shall include
such other information as lawfully may be required by the Administrative
Official, including existing or proposed buildings 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
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on the lot, and such other matters as may be necessary to determine conformance
with and provide for the enforcement of this ordinance.
The copy of the plan shall be returned to the applicant by the Administrative
Official, after he shall have marked such copy either as approved or disapproved
and attested to same by his signature on such copy. The original plan, similarly
marked, shall be retained by the Administrative Official.
3.5 EXPIRATION OF BUILDING PERMIT - If actual construction of the work
described in any building permit has not begun within six (6) calendar months
from the date of issuance thereof, said permit shall expire; it shall be cancelled by
the Administrative Official; and written notice thereof shall be given to the
original applicant at the address given in such application. Actual construction is
hereby defined to include the placing of construction materials in permanent
position and fastened in a permanent manner; except that where demolition or
removal of an existing building has been substantially begun preparatory to
rebuilding, such demolition or removal shall be deemed to be actual construction,
provided that work shall be diligently carried on until completion of the building
involved. If the work described in any building permit has not been completed
within two years of the date of issuance or extension thereof, said permit shall
expire and be cancelled by the Administrative Official, 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
building permit has been obtained.
3.6 CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW, ALTERED, AND
CHANGED USES - It shall be unlawful to use or occupy or permit the use or
occupancy of any premises or any building or structure, or any part thereof which
is hereafter erected, reconstructed, altered, enlarged or moved onto any premises
until a certificate of occupancy shall have been issued therefore by the
Administrative Official stating that the proposed use of the building
or land conforms to the requirements of this ordinance, as well as ordinances
relating to the health laws, building codes, electrical and plumbing codes, and
other development and health and safety ordinances of the city.
a. A temporary certificate of occupancy may be issued by the Administrative
Official for a period not exceeding six (6) months during the alteration or partial
occupancy of a building pending its completion, provided that such temporary
certificate includes such conditions and safeguards as will protect the safety of the
occupants and the public.
b. The Administrative Official shall maintain a record of all certificates of
occupancy, and a copy shall be furnished upon request to any person.
c. Failure to obtain a certificate of occupancy shall be a violation of this
ordinance.
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3.7 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
and approved by the Administrative Official shall authorize only the use,
arrangement, and construction set forth in such approved plans and applications
and no other use, arrangement or construction shall be permitted.
3.8 APPLICATIONS FOR AMENDMENTS TO THE ZONING ORDINANCE,
ZONING REQUESTS, CONCEPT PLANS, DEVELOPMENT PLANS, SITE
PLANS, DEVELOPMENT PLANS, SPECIFIC USE PERMITS, BOARD OF
ADJUSTMENT AND OTHER ZONING ORDINANCE RELATED REQUESTS
An application will not be submitted to the Planning and Zoning Commission and
City Council until the Administrative Official determines that the application is
complete.
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