APPENDIX B – ZONING REGULATIONSAPPENDIX B – ZONING REGULATIONS\ARTICLE 24. ENFORCEMENT, VIOLATION AND PENALTY

(1)   An administrative official designated by the city council shall administer and enforce this ordinance. He or she may be provided with the assistance of such other persons as the city council may direct. If the administrative official shall find that any of the provisions of this ordinance are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto: discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions.

(2)   Building Permits Required.

(a)   Building permit fees shall be $5.00 per thousand of the estimated cost, with a $5.00 minimum and a cap of $200.00 for residential buildings, including all new structures and structural additions/changes, the structural replacement of siding and windows, fencing, or any electrical and plumbing alterations.

(b)   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 except in conformity with the provisions of this ordinance, except after written order from the board of zoning appeals.

(3)   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 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 ordinance. One copy of the plans shall be returned to the applicant by the administrative official, after he or she shall have marked such copy either as approved or disapproved and attempted to same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official.

(4)   Certificates of Zoning Compliance for New. Altered, or Nonconforming Uses. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this ordinance.

No nonconforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided, that upon enactment of amendment of this ordinance, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this ordinance.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions' of this ordinance upon completion of the work.

The administrative official shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person, upon payment of $1.

Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance and punishable under Sec. 2402.

(5)   Expiration of Building Permit: Special Building Permit. If the work described in any building permit has not begun within 90 days from the date of issuance, or as long as is deemed necessary to complete plans, the 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 special building perm.it has been obtained.

At the discretion of the administrative official, such special building permits may be based on the original application or he or she may require submission of a new application. The special building permit may include limitations on time allowed for substantial completion of work, and provisions for a reasonable performance bond to insure completion within the time limit set.

(1)   The owner or agent of a building or premises in or upon which a violation of any provision of this ordinance has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist: or the agent·, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which. a violation has been committed or shall exist, shall be punished by a fine not to exceed $500. Each and every day that such violation continues shall constitute a separate offense.

(2)   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this regulation, the appropriate authorities of the area, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation or to prevent the occupancy of the building structure or land.