The purpose of this article is to provide for the organization of personnel and procedures for the administration of this chapter, including the submittal and review of land use and development plans, issuance of land and structural use zoning permits, inspections of properties for compliance with the zoning map and regulations, establishment and collection of permit fees, handling of violators and enforcement of the provisions of this chapter and any amendments to it.

(Ord. No. 691, § 1(32-177), 5-4-2005)

(a)

The provisions of this chapter shall be administered by the city commission, the planning commission, and such personnel as designated by the city commission in accordance with Public Act No. 285 of 1931 (MCL 125.31 et seq.), as amended, Municipal Planning Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended, Michigan zoning enabling act, and this chapter.

(b)

The city commission shall employ a zoning administrator or enforcing officer who shall act as the officer to carry out the enforcement of this chapter. The person selected, the terms of employment and the rate of compensation shall be established by the city commission.

(Ord. No. 691, § 1(32-178), 5-4-2005)

(a)

The zoning administrator or enforcing officer shall receive and review all applications for zoning permits and approve or disapprove applications that do not require site plan or sign review in accordance with section 60-307 and section 60-237.

(b)

The zoning administrator or enforcing officer shall assist the city commission, the planning commission and the zoning board of appeals in the processing and administering of all zoning appeals and variances, site plan review, special uses and planned unit development applications and amendments to this chapter.

(c)

The zoning administrator or enforcing officer shall assist the city clerk in updating the zoning map and keeping it current.

(d)

The zoning administrator or enforcing officer shall keep a written record of all zoning permits issued during each month and submit it to the city commission and the planning commission at their request. The record shall state the owner's name, location of property, intended use and estimate cost of construction for each permit.

(e)

The zoning administrator or enforcing officer shall maintain written records of all actions taken.

(Ord. No. 691, § 1(32-179), 5-4-2005)

(a)

Required. Excavation for, erection of, addition to, alteration or moving of, any building or structure shall not be undertaken and no land use shall be commenced until a zoning permit has been secured from the zoning administrator or enforcing officer. Except upon a written order of the zoning board of appeals, no such permit or certificate of occupancy shall be issued for any building or structure where the construction, addition, alteration, or use thereof would be in violation of any of the provisions of this chapter.

(b)

Application. Application for a zoning permit shall be made to the zoning administrator or enforcing officer. For those uses requiring a site plan, the zoning administrator or enforcing officer shall not issue a zoning permit until the provisions of section 60-307, site plan review, have been satisfied. For those uses not requiring a site plan review by the planning commission, there shall be submitted to the zoning administrator or enforcing officer with all applications for land use permits, two copies of a plot plan, drawn to scale, and showing the following:

(1)

The location, shape, area and dimensions for the parcel, lot or acreage;

(2)

The location, dimensions, height, and bulk of the existing structures;

(3)

The nature of the proposed construction, alteration or repair and the intended use;

(4)

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other uses;

(5)

The present use of any structure affected by the construction or alteration;

(6)

The yard, open area and parking space dimensions, if applicable;

(7)

The proposed plan and specifications of off-street parking spaces, if applicable;

(8)

The proposed plan and specifications of off-street loading and unloading spaces, if applicable;

(9)

Any other information deemed necessary by the zoning administrator or enforcing officer to determine and provide for the compliance with and the enforcement of this chapter; and

(10)

Any addition data required for a building permit under the requirements of the building code of the city.

(c)

Evidence of ownership. All applicants for zoning permits shall have available for the zoning administrator or enforcing officer's inspection, evidence of ownership of all property affected by the permit and shall submit the same upon the request of the zoning administrator or enforcing officer.

(d)

Issuance of a permit. If the zoning administrator or enforcing officer finds the application conforms to the requirements of this chapter and the statutes, he shall mark all copies of the application approved. The approval of the application and the issuance of the permit shall not be binding upon the city commission or the board of appeals, in case it is subsequently discovered that the plans or the completed building do not conform to the requirements of this chapter.

(e)

Voiding of a permit. A zoning permit shall be voided if work approved under the provisions of this chapter fails to meet the following schedule:

(1)

If a building permit is not secured from building department within 60 days of notification by the zoning department that the application's project has been approved by the city.

(2)

Any zoning permit granted under this section shall be null and void unless the development proposed shall have passed its first building inspection within one year from the date of the granting of the permit. The code enforcement officer may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this chapter or of any other ordinances or regulations of the city.

(3)

If an applicant fails to complete the construction for which a zoning permit is issued within the time period set forth above, and, in the absence of any request for extension, fails to restore the property to its original condition upon notice to do so by the zoning official or enforcement officer; the city may seek injunctive relief in the county circuit court to require compliance. Should the city incur any cost in the restoration of the property pursuant to any court judgment or decree, it shall be entitled, at its option, to have judgment against the applicant in the amount of such costs, including all costs of such proceedings, or levy the same against the property in the same manner as any special assessment or ad valorem tax.

(f)

Inspection. The inspections to verify zoning compliance shall be conducted on the following schedule:

(1)

At the time of staking out a building foundation or location of a structure or activity area.

(2)

Upon completion of the construction authorized by the permit for certificate of compliance.

(3)

The permit holder shall provide 48 hours notice for the requested inspections.

(4)

It shall be the duty of the holder of every permit to notify the zoning administrator or enforcing officer when construction is ready for inspection. Upon receipt of such notification for the first inspection, the zoning administrator or enforcing officer shall determine whether the location of the proposed building, as indicated by corner stakes, is in accordance with yard setbacks and other requirements of this chapter. The zoning administrator or enforcing officer shall issue written approval at the time of inspection if the building or proposed construction meets the requirements of this chapter.

(5)

Should the zoning administrator or enforcing officer determine that the building or structure is not located according to the site and construction plans filed, or is in violation of any provision of this chapter or any other applicable law, he shall notify, in writing, the holder of the permit. Further construction shall be stayed until correction of the defects set forth has been accomplished and approved upon notice and request for re-inspection by the applicant and those inspections completed and compliance certified by the zoning administrator or enforcing officer.

(6)

Should a zoning permit holder fail to comply with the requirements of the zoning administrator or enforcing officer at any inspection stage, the zoning administrator or enforcing officer shall cause notice of such permit cancellation. The cancellation shall be securely and conspicuously posted upon or affixed to the construction site and shall specify those items not conforming to the requirements of this chapter. Such posting shall be considered service upon the notice to the permit holder of cancellation thereof; and no further work upon such construction shall be undertaken or permitted until such time as the requirements of this chapter have been met. Failure of the permit holder to make proper notification of the time for inspection shall automatically cancel the permit, requiring issuance of a new permit before construction may proceed.

(Ord. No. 691, § 1(32-180), 5-4-2005)

(a)

Requirements and procedures. Site plan review and approval of all development proposals within specific zoning districts is required by the following provisions. The intent of this section is to provide for consultation and cooperation between the developer and the planning commission so that both parties might realize maximum utilization of land and minimum adverse effect upon the surrounding land uses. Through the application of the following provisions, the attainment of the master plan will be assured, and the city will develop in an orderly fashion.

(1)

When site plan review is required. A site plan shall be submitted to the planning commission for review and approval for the following:

a.

Any multiple family housing developments of three units or more, B-2 uses, PUD uses and all special land uses within any district.

b.

All residentially related permitted and special land uses in single-family districts such as, but not limited to, churches, schools and public facilities.

c.

Any use development for which the submission of a site plan is required by any provisions of this chapter. This shall include site condominiums and condominium developments.

d.

Any change and/or conversion of use as permitted and regulated by this chapter within the same zoning district.

e.

Any addition to an existing principal or accessory building within districts listed in subsection (1)a of this section, and subject to the following provisions:

1.

Wherein the proposed addition constitutes an increase of 1,000 square feet or ten percent or more as compared to the existing building or use, whichever is less.

2.

Wherein the proposed addition or expansion would require a variance from the provisions of this chapter no matter what size the addition or expansion.

(2)

Review and approval criteria. The site plan shall be reviewed and approved by the planning commission upon finding that the following conditions are met:

a.

The proposed use will not be injurious to the surrounding neighborhood.

b.

There is a proper relationship between thoroughfares and proposed service drives, driveways, and parking areas.

c.

The location of buildings, outside storage receptacles, parking areas, screen walls, and utility areas is such that the adverse effects of such uses will be minimized for the occupants of that use and the occupants of surrounding areas.

d.

It provides for proper development of roads, easements, and public utilities and protects the general health, safety, welfare, and character of the city.

e.

It meets city requirements and standards for grading and surface drainage and for the design and construction of storm sewers, stormwater holding facilities, water mains, sanitary sewers, and driveway approaches.

f.

All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides.

g.

Natural resources are preserved by developing in a manner that will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, and woodlands.

h.

Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, or nearby water bodies.

i.

The location of buildings, parking, drives, landscaping, and other improvements on the site is appropriate for the lot size and configuration.

j.

Landscaping, including trees, shrubs, and other vegetative material, is provided to maintain and improve the aesthetic quality of the site and the area.

k.

The proposed use is in compliance with all city ordinances and any other applicable laws.

(3)

Information required on site plans. Plans submitted for site plan approval shall contain all of the following data prior to approval of such plans by the planning commission. Final construction plans must be submitted to the building department, and such construction plans must be reviewed and approved prior to obtaining a building permit. Site plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24 inches by 36 inches with plan view drawn to a reasonable scale. Included on the site plan will be all dimensions and the following:

a.

General information.

1.

Proprietor's name, address, and telephone number;

2.

Date (month, day, year), including revisions;

3.

Title block;

4.

Scale;

5.

Northpoint;

6.

Location map drawn at a scale of one inch equals 2,000 feet with northpoint indicated;

7.

Architect, engineer, surveyor, landscape architect, or planner's seal;

8.

Existing lot lines, building lines, structures, parking areas, etc., on the parcel, and within 100 feet of the site;

9.

Proposed lot lines, property lines and all structures, parking areas, etc., within the site, and within 100 feet of the site;

10.

Centerline and existing and proposed right-of-way lines;

11.

Zoning classification of petitioner's parcel and all abutting parcels;

12.

Gross acreage figure; and

13.

Proximity to major thoroughfare and/or section corners.

b.

Physical features.

1.

Proposed locations of access drives, street intersections, driveway locations, sidewalks, signs, curbing, and acceleration, deceleration, and passing lanes;

2.

Location of existing and proposed service facilities above and below ground, including storage, loading, and disposal areas for chemicals, hazardous substances, salt, and fuels, water main, hydrants, pump houses, standpipes, and building services and sizes, sanitary sewers and pumping stations, stormwater control facilities and structures, including storm sewers, swales, retention and detention basins, drainageways, and other facilities, including calculations for sizes and location of all easements;

3.

All buildings with dimensioned floor plans, setback and yard dimensions, and typical elevation views of proposed structures;

4.

Dimensioned parking spaces and calculations, drives, and method of surfacing;

5.

Exterior lighting locations and illumination patterns;

6.

Location and description of all existing and proposed landscaping, berms, fencing, and walls;

7.

Sidewalks and bike paths;

8.

Trash receptacle pad location and method of screening;

9.

Transformer pad location and method of screening;

10.

Dedicated road or service drive locations;

11.

Entrance details, including sign locations and size;

12.

Designation of fire lanes;

13.

Site accessibility for public transportation; and

14.

Any other pertinent physical features.

c.

Natural features.

1.

Existing topography with a maximum contour interval of two feet indicated. Topography on the site and beyond the site for a distance of 100 feet in all directions shall be indicated;

2.

On parcels more than one acre in size, a grading plan showing finished contours at a maximum interval of two feet, correlated with existing contours so as to clearly indicate required cutting, filling, and grading;

3.

Location of existing drainage courses, lakes, ponds, wetlands, rivers and streams, including their water surface elevation, floodplain elevation, and ordinary high water mark; and

4.

Location of other natural resource features, including woodlands.

d.

Additional requirements for multiple-family, and PUD developments.

1.

Density calculations by type of unit by bedroom count;

2.

Designation of units by type of unit in each building;

3.

Carport locations and details where proposed;

4.

Specific amount of recreation space and locations;

5.

Type of recreation facilities to be provided in recreation space; and

6.

If proposed, details of community building and fencing of swimming pool.

e.

Additional requirements for commercial and industrial developments.

1.

Loading/unloading areas;

2.

Gross and usable floor area;

3.

Number of employees in peak usage; and

4.

All site plans for businesses or facilities which use, store, or generate hazardous substances shall be reviewed by the fire department, city engineer and any other appropriate experts determined necessary by the planning commission prior to approval by the planning commission.

(4)

Application procedure. An application for site plan review shall be processed in the following manner:

a.

All site plans shall be submitted to the zoning administrator or enforcing officer at least 21 days prior to the next regularly scheduled meeting of the planning commission and must contain the following to be accepted:

1.

A signed and completed application;

2.

Four copies of the site plan;

3.

All items as required by subsection (a)(3) of this section shown on the site plan; and

4.

Required fees.

b.

Upon acceptance of the site plan, the zoning administrator or enforcing officer shall:

1.

Forward a copy of the site plan and application to the city planner and engineer for review;

2.

Place the review of the site plan on the next planning commission agenda;

3.

Forward a copy of the site plan and application to the secretary of the planning commission, who will then forward a copy to each commission member.

(5)

Planning commission review. The planning commission will consider the application for approval, conditional approval, or denial at a scheduled meeting.

a.

Upon determination of the planning commission that a site plan is in compliance with this chapter and other regulations, it will be so indicated on the site plan.

b.

Upon determination of the planning commission that a site plan is in compliance except with minor revisions, the planning commission may grant conditional approval. All revisions must be clearly delineated on copies required to be filed with the city.

c.

If extensive revision to the site plan is necessary to meet ordinance and regulation requirements, the site plan shall be denied and the applicant requested to prepare an alternate site plan. In this case, "denied" shall be written on the plan and reasons for denial indicated in the planning commission's resolution.

d.

When a site plan has been reviewed by the planning commission and all steps completed, four copies of the application and plans will be marked approved or denied for the following distribution:

1.

One copy forwarded to the city clerk for permanent record; and

2.

Two copies forwarded to the enforcing officer.

(6)

Effect of approval. When an applicant receives final site approval, he must develop the site in complete conformity with the approved site plan. The site plan approval shall be valid for a period of one year. If the project is not under construction with a building permit at the expiration of the approval time, the site plan approved becomes null and void and the developer shall make a new application for approval. Time extension to the site plan approval may be granted by the planning commission.

(b)

Minor changes to an approved site plan. The zoning administrator or enforcing officer shall have the authority to determine if a proposed change requires an amendment to an approved final site plan. A site plan may be amended upon application and in accordance with the procedure herein for a final site plan. The zoning administrator or enforcing officer may approve minor changes in an approved final site plan, provided that a revised final site plan drawing be submitted showing such minor changes, for purposes of record. A minor site plan may be considered for any of the following site modifications or modifications of an approved site plan:

(1)

The proposed addition constitutes less than 1,000 square feet or not more than 20 percent of the existing floor area.

(2)

The building modification of change of use does not require additional off-street parking.

(3)

The building or site modification does not encroach upon an existing parking lot.

(4)

The building or site modification is not adjacent to single-family zoned properties.

(5)

A building or site modification will not have a significant impact upon adjoining land uses.

(c)

Modification of site plan during construction. All improvements shall conform to the final site plan. It shall be the responsibility of the applicant to notify the zoning administrator or enforcing officer of any such changes prior to such changed being made. Any changes which result in an alteration of the site plan not addressed in section 60-307(b), minor changes to an approved site plan, approved by the planning commission shall require re-submittal to the planning commission. The planning commission or zoning administrator or enforcing officer may require the applicant to correct the changes so as to conform to the approved final site plan.

(d)

Phasing of development. The applicant may, at his discretion, divide the proposed development into phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan may be submitted for review and approval for each phase.

(e)

Inspection. The zoning inspector shall be responsible for inspecting all improvements for conformance with the approved final site plan. All subgrade improvements such as utilities, sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspections.

(Ord. No. 691, § 1(32-181), 5-4-2005)

State Law reference— Site plan, MCL 125.3501.

(a)

Intent. Pursuant to the authority conferred by section 141 of the State Condominium Act (MCL 559.241), preliminary and final site plans shall be regulated by the provisions of this chapter and approved by the planning commission.

(b)

General requirements.

(1)

Each condominium lot shall be located within a zoning district that permits the proposed use.

(2)

For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.

(3)

In the case of a condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use. Required yards shall be measured from the boundaries of a condominium lot.

(4)

Each condominium lot shall front on and have direct access to a public street or a private street approved by the planning commission. An approved private street shall comply with the same standards for public subdivision streets as established and in accordance with the city engineering standards.

(5)

All condominium project plans shall conform to the plan preparation requirements, design, layout and improvement standards, and all other requirements as established by the city.

(c)

Site plan approval requirements. Preliminary approval of the site plan and final approval of the site plan and condominium documents by the planning commission shall be required as a condition to the right to construct, expand or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the planning commission and is in effect. Preliminary and final approval shall not be combined.

(1)

The applicant shall submit a site plan pursuant to the standards and procedures set forth in section 60-307, site plan review procedures.

(2)

In addition to the final site plan, the draft condominium documents shall be submitted to the city for review by the city attorney and other appropriate staff.

(3)

The applicant shall submit detailed engineering plans to the planning commission.

(4)

The planning commission shall approve or deny the final site plans based upon conformance with all applicable laws, ordinances and design standards.

(5)

The planning commission, as a condition of final approval of the site plan, shall require the applicant to provide a performance guarantee as set forth in section 60-309, for the completion of improvements associated with the proposed use.

(6)

Following approval of the final site plan, the final condominium documents and engineering plans may also be approved by the planning commission.

(d)

Required improvements.

(1)

All design standards and required improvements that apply to a subdivision, under the subdivision regulations adopted by the city commission, shall apply to any condominium development.

(2)

Each condominium unit shall be connected to the city water, sanitary and storm sewers. Utility standards stated in the building code shall apply to all condominium units proposed for location on any property that is not subdivided and recorded, or any property that is to be further subdivided.

(3)

Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines. The city may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the city treasurer cash, a certified check, or an irrevocable bank letter of credit running to the city, whichever the developer selects, in an amount as determined from time to time by resolution of the planning commission. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the state that the monuments and irons have been set as required within the time specified. If the developer defaults, the planning commission shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans at a cost not to exceed the amount of the security deposit.

(4)

Road rights-of-way shall be described separately from individual condominium lots and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The rights-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing public utilities. The developer shall declare easements to the city for all public water and sanitary sewer lines and appurtenances.

(5)

All improvements in a site condominium shall comply with the design specifications as adopted by the city and any amendments thereto.

(e)

Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the zoning administrator or enforcing officer:

(1)

A copy of the recorded condominium documents (including exhibits);

(2)

A copy of any recorded restrictive covenants;

(3)

A copy of the site plan on laminated photostatic copy, mylar sheet or electronic copy, as dictated by city; and

(4)

Evidence of completion of improvements associated with the proposed use including two copies of an "as-built survey."

(f)

Revision of site condominium. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the planning commission before any building permit may be issued, where such permit is required.

(g)

Amendment of condominium documents. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the city attorney and planning commission before any building permit may be issued, where such permit is required. The planning commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.

(h)

Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in section 48 of the Condominium Act (MCL 559.148), shall comply with all regulations of the zoning district in which it is located and shall be approved by the planning commission upon recommendation of the city assessor. These requirements shall be made a part of the bylaws and recorded as part of the master deed.

(i)

Subdivision of condominium lot. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in section 49 of the Condominium Act (MCL 559.149), shall comply with all regulations of the zoning district in which it is located and shall be approved by the planning commission upon recommendation of the city assessor. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

(Ord. No. 691, § 1(32-182), 5-4-2005)

As used in this section, "improvements" means those features and actions associated with a project which are considered necessary by the city to protect natural resources or the health, safety, and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage. "Improvements" does not include the entire project.

(1)

To insure compliance with the this chapter and any condition imposed hereunder, a cash deposit, certified check, or surety bond equal to a percentage as determined by the city commission of the site improvement costs may be required to insure faithful completion of the improvements.

(2)

The performance guarantee shall be deposited with the city treasurer at the time of the issuance of the permit authorizing the project. The city shall rebate to the applicant, as the work progresses, amounts of such deposit equal to the ratio of work satisfactorily completed to the entire project. Such rebates shall be based on the report and recommendation of the zoning administrator or enforcing officer.

(Ord. No. 691, § 1(32-183), 5-4-2005)

State Law reference— Deposit of performance guarantee, MCL 125.3505.

(a)

No land shall be occupied or used, and no building hereafter erected, altered, or extended, shall be used or changed in use until a certificate of occupancy shall have been issued by the zoning administrator or enforcing officer stating that the building and land and its proposed use comply with the provisions of this chapter, and further stating any special limiting conditions of such use or occupancy.

(b)

All certificates of occupancy shall be applied for coincident with the application for a building permit on forms supplied by the zoning administrator or enforcing officer. A certificate of occupancy shall be issued within ten days after the erection or alteration shall have been approved as complying with the provisions of this chapter.

(c)

The zoning administrator or enforcing officer shall maintain a record of all certificates of occupancy, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building involved.

(d)

The zoning administrator or enforcing officer may issue a temporary certificate of occupancy for not more than 30 days for a specific part of a building under such rules and regulations as may be adopted by the zoning board of appeals and filed with the zoning administrator or enforcing officer.

(Ord. No. 691, § 1(32-184), 5-4-2005)

The city commission shall, by resolution, determine and set the fees to be charged for all permits, certificates and copies thereof, fees for appeals to the board of appeals, fees for application to the planning commission for special land use or site plan review, fees for rezoning applications, and fees for all other applications and services provided for in this chapter.

(Ord. No. 691, § 1(32-185), 5-4-2005)

(a)

Violations. Any firm, corporation or person who violates any of the provisions of this chapter shall be responsible for a municipal civil infraction and shall be subject to the fines enumerated in chapter 30, dealing with municipal civil infraction actions and the municipal ordinance violations bureau. Each day that such violation continues shall constitute a separate municipal civil infraction.

(b)

Public nuisance, per se. Any building or structure that is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(c)

Fines, imprisonment. The owner of any building, structure, or premises or party thereof, where any condition in violation of this chapter shall be created, who has assisted knowingly in the commission of such violation shall be responsible for a separate civil infraction for each day during which such violation occurs or continued.

(d)

Rights and remedies. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(e)

General responsibility. The city commission or its duly authorized representative is hereby charged with the duty of enforcing this chapter, and the commission is hereby empowered to commence and pursue any and all necessary and appropriate actions and/or proceeding in the county circuit court or any other court having jurisdiction to restrain and/or prevent any noncompliance with or violation of any of the provisions of this chapter and to correct, remedy and/or abate such noncompliance or violation. It is further provided that any person aggrieved or adversely affected by such a noncompliance or violation may institute suit and/or join the city commission in such suit to abate the same.

(Ord. No. 691, § 1(32-186), 5-4-2005; Ord. No. 775, § 1, 6-9-2015)

A complete record and copy of each application for each certificate or permit and each permit or certificate issued pursuant to the provisions of this chapter shall be filed with the city clerk and be a part of the city records.

(Ord. No. 691, § 1(32-187), 5-4-2005)