The code enforcement officer of the city is hereby authorized and directed to enforce all the provisions of this ordinance and for such purpose he shall have the powers of a police officer. His duties shall include inspecting premises and issuing building permits and certificates of occupancy for buildings and uses that meet the requirements of this ordinance.

(Ord. No. 2010-09-743, 9-7-10)

Building permits shall be issued in accordance with the following provisions:

(1)

Building permit required. It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to begin construction of any building, or to commence the moving or alteration, of any building or to commence the development of land for a use not requiring a building, until the building official has issued a building permit for such work.

(2)

Plat required. All applications for building permits shall be accompanied by a plat in duplicate of dimensioned sketch or to scale plan signed by the owner or his authorized agent, showing the actual dimensions of the lot to be built upon, the location of adjoining or surrounding buildings or structures, and such other information as may be required by the building official, which is necessary to provide for the enforcement of this ordinance.

(3)

Time limitation. Any building permit issued shall become invalid unless the work authorized by it shall have commenced within six (6) months of its date of issue or if work authorized by it is suspended or abandoned for a period of one (1) year.

(4)

No building permit, or permit for excavation for any building shall be issued before application has been made for certificate of occupancy.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Certificates of occupancy shall be issued in accordance with the following provisions:

(1)

Certificate of occupancy required. No vacant land shall be occupied or used, except for agricultural purposes, and no buildings hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of this ordinance.

(2)

A certificate of occupancy is required in advance of occupancy or use of:

a.

A change of type of occupancy or use of any building or land;

b.

Each nonconforming use created by the passage of, and subsequent amendments to, this ordinance.

(3)

Certificate of occupancy shall state that the buildings or proposed use of a building or land, comply with all the buildings and health laws and ordinances and with the provisions of this ordinance.

(b)

Records. It shall be the duty of the code enforcement officer to keep a record of all building permits and certificates of occupancy issued and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

(c)

Fees. No fee shall be charged for a certificate of occupancy.

(d)

Denials. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance, or unless the building, as finally constructed complies with the sketch or plan upon which the building permit was issued.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Any person, firm, association, corporation, or other entity who shall violate the terms, conditions, or provisions of this "Batesville Zoning Ordinance" shall be guilty of a misdemeanor and upon conviction thereof, or a plea of guilty or nolo contendere shall be punished by a fine of five hundred dollars ($500.00) for the first offense, a fine of seven hundred fifty dollars ($750.00) for the second offense within one (1) calendar year of the first offense, and a fine of one thousand dollars ($1,000.00) for the third offense and subsequent offenses within one (1) calendar year of the first offense, and for all offenses in the discretion of the court, imprisonment for up to ninety (90) days. Each calendar day that any such violation occurs shall constitute a separate offense. Any person convicted of the aforesaid violation or in a plea of guilty or nolo contendere thereto shall pay all court costs.

(b)

Any person, firm, association, corporation, or other entity who shall violate or fail to comply with any condition or contingency imposed by the mayor and board of aldermen in any action adopted by the mayor and board of aldermen granting a variance, conditional use, or rezoning of any property shall be guilty of a misdemeanor and upon conviction thereof or the entry of a plea of guilty or nolo contendere shall be punished by a fine of five hundred dollars ($500.00) for the first offense, a fine of seven hundred fifty dollars ($750.00) for the second offense within one (1) calendar year of the first offense, and a fine of one thousand dollars ($1,000.00) for the third offense and subsequent offenses within one (1) calendar year of the first offense, and for all offenses in the discretion of the court, imprisonment for up to ninety (90) days. Each calendar day that any such violation occurs shall constitute a separate offense. Any person convicted of the aforesaid violation or in a plea of guilty or nolo contendere thereto shall pay all court costs.

(c)

In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any provision of the Batesville Zoning Ordinance or any condition or contingency imposed in connection with a variance, conditional use, or rezoning of any property shall be deemed a public nuisance and may be abated by the city as provided by law and each calendar day that such condition continues shall be regarded as a new and separate offense.

(Ord. No. 2010-09-743, 9-7-10)

State Law reference— Penalties for violations, Miss. Code Ann. 1972, 17-1-27.

In the event any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this ordinance, the code enforcement officer or any other appropriate city authority, or any person who would be damaged by such violation, in addition to the remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation in the case of each such building or use of land.

(Ord. No. 2010-09-743, 9-7-10)

State Law reference— Remedies of local governing authorities, Miss. Code Ann. 1972, 17-1-19.