Zoneomics Logo
search icon

Cedar City City Zoning Code

ARTICLE 26

XIII MISCELLANEOUS PROVISIONS AND ENFORCEMENT

Section 26-XIII-1 Interpretation

In interpreting and applying the provisions of this Ordinance they shall be held to be the minimum requirements for promoting the public health, safety, convenience, comfort, and general welfare of the community. When the requirements of this Ordinance impose higher requirements than are imposed or required by existing provisions of Law or Ordinance, the provisions of this Ordinance shall govern. When, however, the provisions of other laws or ordinance impose greater restrictions than required by this Ordinance the provisions of the other laws or ordinances shall govern. It is not the intent of this Ordinance to interfere with or nullify any easement, covenants or agreements which are not in conflict with the provisions of this Ordinance.

Section 26-XIII-2 Applicability

The provisions of this Ordinance are applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable in connection with the activities or any such public agencies or organizations.

Section 26-XIII-3 Inspector

The Office of Inspector is hereby created for the purpose of administering the provisions of this Ordinance and powers delegated to this municipality by said statutes subject to such control and review as the City Council and the Planning Commission may from time to time direct. Until such time as the Mayor may otherwise appoint an inspector by resolution, the Building Inspector shall perform the functions of the Inspector.

The Mayor may appoint such assistant inspectors and delegate to them such powers and duties as it may from time to time determine by resolution. The powers and duties of the assistants shall be the same as those of the Inspector, unless otherwise so specified by resolution.

Section 26-XIII-4 Powers And Duties Of Enforcing Officer

  1. It shall be the duty of the Building Inspector to inspect or cause to be inspected all buildings in the course of construction or repair. He shall enforce all the provisions of this ordinance, entering actions in the courts when necessary, and his failure to do so shall not legalize any violation of such provisions.
  2. Upon appeal to the Board of Adjustment of any matters on which said Board is required to pass, the Building Inspector shall forthwith transmit all papers, records, and other pertinent data pertaining to the appeal to the Board of Adjustment. The Board of Adjustment may request a recommendation from the Planning Commission before rendering its decision.
  3. Building Inspector shall also transmit all other matters to the Planning Commission and Board of Adjustment, as required by and under the provisions of this Ordinance.

Section 26-XIII-5 Site Plans Of Buildings Required

All applications for building permits shall be accompanied by a plat drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings, building to be erected, and existing buildings on adjacent property and such other information as may be deemed necessary to provide for the enforcement of this ordinance.

Section 26-XIII-6 No Conflicting License Or Permits Shall Be Issued

No license or permit for a use, buildings, or purpose where the same would be in conflict with this Ordinance shall be issued. All departments, officials and public employees vested with the duty and authority to issue licenses or permits shall not issue said licenses or permits which would not be in conformance with the provisions of this Ordinance. Any license or permit so issued shall be null and void.

Section 26-XIII-7 Utility Connections

The Building Inspector shall not authorize water and sewer connections until all of the provisions of this Ordinance have been met.

Section 26-XIII-8 Severability

This ordinance and the various parts, sections and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause or phrase is adjudged unconstitutional or invalid it is hereby declared that the remainder of the Ordinance shall not be affected thereby. The City Council of Cedar City hereby declares that it would have passed this Ordinance and each part, section, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more portions thereof be declared invalid.

Section 26-XIII-9 Violations, A Public Nuisance

Any building or structure which has been set up, erected, constructed, altered, enlarged, converted, moved, remodeled, or maintained contrary to the provisions of this Ordinance, and any use of land or building or premises established, conducted, maintained or operated contrary to the provisions of this Ordinance are hereby declared to be unlawful and opposed to the orderly development of the community and shall therefore be considered a public nuisance.

Section 26-XIII-10 Responsibility For Violations

It shall be the duty of all architects, contractors, subcontractors, builders and other persons having to do with the establishment of any use of land or the erection, altering, changing or remodeling of any building or structure to see that a proper permit has been granted before such work is begun. Any such architect, builder, contractor or other person doing or performing any such work without a permit having been issued is in conflict with the requirements of this Ordinance and shall be deemed guilty of a violation of this Ordinance in the same manner and to the same extent that the owner of the premises or the persons for whom the use is established, or for whom such buildings are erected, or altered, and shall be subject to the penalties herein prescribed for violators.

Section 26-XIII-11 Penalties

Any firm, corporation, person or persons, or any action in behalf of said person, persons, firms or corporation, violating any part of the provisions of this Ordinance shall be guilty of a Misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed One Thousand Dollars ($1,000.00) or imprisonment for not more than six (6) months, or by both such fine and imprisonment at the discretion of the Court.

Section 26-XIII-12 Each Day A Separate Violation

Each person, persons, firm or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this Ordinance is committed, continued, or permitted by such person, persons, firm or corporation, and shall be punishable as provided in this Ordinance.

Section 26-XIII-13 Conflicting Provisions Repealed

Any ordinance, or resolutions, or parts thereof in conflict with the provisions of this ordinance are hereby repealed insofar as they conflict with the provisions set forth in this ordinance.