- ADMINISTRATION AND ENFORCEMENT
All appeals from the provisions of this chapter shall be made to the commission. Appeals from the commission action shall be to the board of aldermen. Further appeal shall be to the appropriate judicial body.
(Ord. No. 79-8, § 7, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)
(a)
The building official shall enforce this chapter. Appeals from his decision may be taken to the planning commission.
(b)
No building may be undertaken in the town without an occupancy permit as required by subsection (c) of this section. Each application for an occupancy permit shall be accompanied by a plat in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon, as shown by survey, the size, shape, and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this chapter. A record of applications and plats shall be kept in the office of the building official.
(c)
Subsequent to the effective date of the ordinance from which this chapter is derived, no change in the use of occupancy of land, nor any change of use or occupancy in an existing building, other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit has been issued. A record of all certificates of occupancy shall be kept on file in the office of the building official, and copies shall be furnished on request to any interested person.
(d)
Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map accompanying and made part of the ordinance from which this chapter is derived, the following rules apply:
(1)
The district boundaries are either streets, alleys, or property lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of the ordinance from which this chapter is derived are bounded approximately by street, alley, or property lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
(2)
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the district map accompanying and made a part of the ordinance from which this chapter is derived are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
(3)
In unsubdivided property, the district boundary lines on the map accompanying and made a part of the ordinance from which this chapter is derived shall be determined by use of the scale appearing on the map.
(4)
The district map attached to and accompanying the ordinance from which this chapter is derived shall be amended and changed from time to time pursuant to a favorable vote by a majority of the members of the board of aldermen of the town who are present and voting. The provisions of R.S. 33:4724 relative to public hearing and official notice shall apply. Upon adoption or amendment, said map shall be paragraphed to identify with this chapter by the mayor, and all amendments shall be duly noted thereon.
(e)
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.
(Ord. No. 79-8, § 8, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)
(a)
The board of aldermen may amend this chapter upon its own motion or upon petition.
(b)
Any citizen may petition for an amendment to this chapter.
(c)
Procedures for amending this chapter shall be in accordance with the provisions of state law, particularly R.S. title 33, ch. 14, pt. I, subpt. A (R.S. 33:4721 et seq.).
(d)
One-year limitation. Whenever a petition is filed requesting or proposing a change in or amendment to these regulations or to the official zoning map, requesting a change in the zoning on a particular tract or lot of land and the petition has been finally acted on and denied by the council in accordance with its procedures, the council shall not consider any further petition requesting or proposing the same change or amendment for the same property within one calendar year from the date of the council's final action on the original or most recent petition.
(Ord. No. 79-8, § 9, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992; Ord. No. 2020-4, 10-7-2020)
State Law reference— Amendment of regulations, R.S. 33:4725.
(a)
Any person, firm or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be fined not less than $10.00 and not more than $25.00, or be imprisoned for not more than 30 days. Each day that the violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, individual person, firm, or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be deemed guilty of a separate offense and, upon conviction, shall be fined as herein provided.
(b)
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 chapter, the building official, in addition to other remedies, may institute an appropriate action to other remedies, may institute an appropriate action or proceeding in the name of the town to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, land, or to prevent any illegal act, conduct, business, or use in or about said premises.
(Ord. No. 79-8, § 10, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)
State Law reference— Penalty for ordinance violations, R.S. 33:362(A)(2)(b).
- ADMINISTRATION AND ENFORCEMENT
All appeals from the provisions of this chapter shall be made to the commission. Appeals from the commission action shall be to the board of aldermen. Further appeal shall be to the appropriate judicial body.
(Ord. No. 79-8, § 7, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)
(a)
The building official shall enforce this chapter. Appeals from his decision may be taken to the planning commission.
(b)
No building may be undertaken in the town without an occupancy permit as required by subsection (c) of this section. Each application for an occupancy permit shall be accompanied by a plat in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon, as shown by survey, the size, shape, and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this chapter. A record of applications and plats shall be kept in the office of the building official.
(c)
Subsequent to the effective date of the ordinance from which this chapter is derived, no change in the use of occupancy of land, nor any change of use or occupancy in an existing building, other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit has been issued. A record of all certificates of occupancy shall be kept on file in the office of the building official, and copies shall be furnished on request to any interested person.
(d)
Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map accompanying and made part of the ordinance from which this chapter is derived, the following rules apply:
(1)
The district boundaries are either streets, alleys, or property lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of the ordinance from which this chapter is derived are bounded approximately by street, alley, or property lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
(2)
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the district map accompanying and made a part of the ordinance from which this chapter is derived are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
(3)
In unsubdivided property, the district boundary lines on the map accompanying and made a part of the ordinance from which this chapter is derived shall be determined by use of the scale appearing on the map.
(4)
The district map attached to and accompanying the ordinance from which this chapter is derived shall be amended and changed from time to time pursuant to a favorable vote by a majority of the members of the board of aldermen of the town who are present and voting. The provisions of R.S. 33:4724 relative to public hearing and official notice shall apply. Upon adoption or amendment, said map shall be paragraphed to identify with this chapter by the mayor, and all amendments shall be duly noted thereon.
(e)
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.
(Ord. No. 79-8, § 8, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)
(a)
The board of aldermen may amend this chapter upon its own motion or upon petition.
(b)
Any citizen may petition for an amendment to this chapter.
(c)
Procedures for amending this chapter shall be in accordance with the provisions of state law, particularly R.S. title 33, ch. 14, pt. I, subpt. A (R.S. 33:4721 et seq.).
(d)
One-year limitation. Whenever a petition is filed requesting or proposing a change in or amendment to these regulations or to the official zoning map, requesting a change in the zoning on a particular tract or lot of land and the petition has been finally acted on and denied by the council in accordance with its procedures, the council shall not consider any further petition requesting or proposing the same change or amendment for the same property within one calendar year from the date of the council's final action on the original or most recent petition.
(Ord. No. 79-8, § 9, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992; Ord. No. 2020-4, 10-7-2020)
State Law reference— Amendment of regulations, R.S. 33:4725.
(a)
Any person, firm or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be fined not less than $10.00 and not more than $25.00, or be imprisoned for not more than 30 days. Each day that the violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, individual person, firm, or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be deemed guilty of a separate offense and, upon conviction, shall be fined as herein provided.
(b)
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 chapter, the building official, in addition to other remedies, may institute an appropriate action to other remedies, may institute an appropriate action or proceeding in the name of the town to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, land, or to prevent any illegal act, conduct, business, or use in or about said premises.
(Ord. No. 79-8, § 10, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)
State Law reference— Penalty for ordinance violations, R.S. 33:362(A)(2)(b).