The provisions of this title shall be enforced by the following methods:

(A)

Requirement of building permit;

(B)

Requirement of a certificate of occupancy;

(C)

Inspection and ordering removal of violations;

(D)

Criminal liability; and

(E)

Injunction.

(Ord. 149 Art 25 §1, 1973)

No building shall be erected, constructed, reconstructed, altered, moved, or structurally altered unless a building permit therefor has been issued by the building official or his or her authorized representative. All permits shall be issued in conformance with the provisions of this title.

(Ord. 149 Art 25 §2, 1973)

(A)

No building shall hereafter be changed to a business, commercial, or industrial use, nor shall any new structure, building, or land be occupied for a business, commercial, or industrial use unless the owner has first obtained a certificate of occupancy from the building official; provided that the use shall be in conformance with the provisions of this title. A certificate of occupancy shall be issued within three days of the time of notification that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the city building official, and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

(B)

The building official shall request the applicant, when applicable, to submit a certification by a registered professional engineer that the finished fill and building floor elevations, floodproofing measures, or other flood protection factors were accomplished in compliance with the provisions of this title. The building official shall, within three days after receipt of such certification from the applicant, issue a certificate of occupancy only if the building or premises and the proposed use thereof conform with all the requirements of this title.

(Ord. 149 Art. 25 §3, 1973; Ord. 248, Art. 3, 1975)

The building official and his or her authorized representatives are empowered to cause any building, other structure, or tract of land to be inspected and examined, and to order, in writing, the remedying of any condition found to exist in violation of any provision of this title. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct or comply with such order.

(Ord. 149 Art. 25 §4, 1973)

A person shall be guilty of a misdemeanor in any case where:

(A)

Any violation of any of the provisions of this title exists in any building, other structure, or tract of land;

(B)

An order to remove any such violation has been served upon the owner, general agent, lessee, or tenant of the building, other structure, or tract of land, or any part thereof, or upon the architect, builder, contractor, or any other person who commits or assists in any such violation; and

(C)

Such person fails to comply with such order within ten days after the service thereof.

(Ord. 149 Art. 25 §5, 1973)

In addition to any of the foregoing remedies, the city attorney, acting in behalf of the city council, may maintain an action for an injunction to restrain any violation of this title.

(Ord. 149 Art. 25 §6, 1973)

Any person violating any provisions of this title, upon conviction thereof, shall be punished as provided in chapter 1-12, B.M.C.

(Ord. 149 Art. 25 §7, 1973)

This title shall not be construed to hold the city responsible for any damage to persons or property by reason of the inspection or reinspection authorized in this title, or failure to inspect or reinspect, or by reason of issuing a building permit as provided in this title.

(Ord. 149 Art. 25 §8, 1973)

(A)

When in the public interest, the city manager or his or her authorized representative, without publishing, posting, or mailing of notice and without public hearing, may consider and render decisions on minor variances involving slight modification to the provisions of this title, but being limited to the following:

(1)

Reduction of lot area or minimum floor area by not more than the following amounts:

a.

Maximum lot area reduction of 10%;

b.

Maximum floor area reduction of 5%;

(2)

Reduction of yards and open areas by permitting portions of a building to extend into and occupy not more than 10% of the distance of a required yard.

(B)

In granting a minor variance, the city manager or his or her authorized representative shall make a finding that the granting of this variance conforms to the intent of section 2-40-070, B.M.C., which sets forth the criteria for the granting of variances.

(Ord. 149 Art. 25 §9, 1973; Ord. 1935 §57, 2011)

In addition to other penalties that apply to persons violating provisions of this title, a person violating any of the provisions of subsection 17-44-130(C), B.M.C., upon issuance of written notice from the city of such noncompliance, shall have twenty-four hours in which to comply with the cited code provision. In the event such person does not so comply with the cited code provision within the aforementioned twenty-four-hour period, such person shall be in violation of subsection 17-44-130(C), and shall not be issued a temporary sign permit for thirty days following the issuance of such notice of violation.

(Ord. 1875 §3, 2007)