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Clayton Charter Township
City Zoning Code

ADMINISTRATION

§ 152.180 ENFORCEMENT.

   (A)   The Zoning Administrator shall be hereby appointed by the Township Board of Trustees as the enforcement officer for this chapter, and it shall be his or her duty to perform all of the acts necessary and appropriate for the enforcement of this chapter. 
   (B)   The Township Zoning Administrator, under authority provided by the township zoning ordinance shall, through site inspection, ascertain that implementation of any development undertaken is in accordance with the approved site plan and other provisions of this chapter, and notify the Township Board and the applicant in writing of any discrepancies therewith.
   (C)   The Township Zoning Administrator shall be responsible for investigating complaints regarding violations of the zoning ordinance and preparing a report on that investigation to the Planning Commission, Township Zoning Board of Appeals, Township Board  and the complainant, and enforcing identified ordinance violations.
(Ord. § 26.00, passed 5-22-1997)

§ 152.181 OCCUPANCY AND ZONING PERMITS.

   (A)   No land, structure or building hereafter erected, altered or changed in use, shall be occupied until a certificate of occupancy and zoning permit shall have been issued by the Zoning Administrator  stating that the land, structure or building complies with the provisions of this chapter.
   (B)   Certificate of occupancy and zoning permit shall be applied for with the application for a building permit, or before the change in the use of the land is started if no building permit is required, and shall be issued within 3 days, not including Saturday, Sunday or holidays, after the erection or alteration of the building or change in the use of land shall have been completed in conformity with the provisions of this chapter.  A record of all such certificates shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having an interest in the property involved.  No fee shall be charged for an original certificate applied for coincident with the application for a permit; fees for all other certificates, or for copies of any original certificates shall be determined by resolution of the Township Board. 
(Ord. § 26.01, passed 5-22-1997)

§ 152.182 SURETY BOND.

   (A)   (1)   A surety bond, cash deposit or irrevocable bank letter of credit approved by the Township Board may be required by the Planning Commission or Zoning Board of Appeals to ensure the complete construction of necessary improvements such as streets, lighting, utilities, walks, screening, drainage or structures to protect natural resources or the health, safety and welfare of township residents, or to abate nuisances as described herein, in accordance with the site plan as proposed and approved and for which a building permit is required.  This bond, deposit or letter of credit may be up to an amount equal to the estimated cost of the site improvement, and may be reduced in proportion to the amount of work accomplished and accepted by the Township Building Inspector.  The bond, deposit or letter of credit shall run to the benefit of the township and shall require that the project shall be completed in accordance with the conditions of permit and any conditions thereof.  In the event of failure of the developer to complete the project in accordance with the approved site plan, the township may utilize the bond, deposit or letter of credit to employ others to wholly or partially complete the project in any manner deemed appropriate to render the project safe and usable.  In that event, the Board shall not be required to complete the project according to the original plan but may use such means as it shall determine most reasonable and feasible to render the project safe and usable, or the Board may elect to use such other means to compel the developer to complete the project in accordance with the plan of development and may utilize that portion of the bond, deposit or letter of credit to pay any costs incurred in compelling compliance with the development plan. 
      (2)   Notice of noncompliance with the development plan may be given by addressing a letter to the developer or successor to the developer at the last-known address of the developer 7 days prior to commencement of exercise of the rights of the Board to perform such works itself or by contract with others, and the developer shall be entitled to a hearing thereon if, within 7 days following mailing of the notice, he or she shall in writing request a hearing.  The date, time and place of the hearing is to be determined by the Board.  In the event of the developer permitting a dangerous condition to develop or to remain, then the Board may immediately take any corrective measures deemed necessary to correct or protect the public from that condition without prior notice of any kind and the bond, deposit or letter of credit may be used for that purpose.  The determination of the Board of the Township shall have no obligation to correct, render safe or complete, wholly or partially any such project or condition but shall have the privilege of doing so at its judgment and discretion.  The liability of the developer to complete or correct the project in accordance with the approved plan shall not be limited to the bond, deposit or letter of credit.
   (B)   The surety bond, cash or letter of credit, if required, shall be returnable in full upon issuance of a certificate of occupancy and compliance less any sums thereof used to correct or complete the project in accordance with the plan or costs incurred to require compliance with the plan or render the project safe.
(Ord. § 26.02, passed 5-22-1997)

§ 152.183 PUBLIC HEARING NOTIFICATION REQUIREMENTS.

   Upon receipt of an application for rezoning, special conditional use, or to the Zoning Board of Appeals, the following notification process shall be followed:
   (A)   The Township Clerk shall publish at least one notice of the request in a newspaper of general circulation in the township not less than 15 days before the date of the public hearing.
   (B)   Notice shall be sent by first-class mail to the owners of property for which approval is be considered not less than 15 days before the date of the public hearing.
   (C)   Notice shall be sent by first-class mail to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction not less than 15 days before the date of the public hearing.
   (D)   If the name of the occupant is not known, the term “occupant” may be used in making notification under this division.
   (D)   The notice shall do all of the following:
      (1)   Describe the nature of the request.
      (2)   Indicated the property that is the subject of the request.
      (3)   The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
      (4)   State when and where the request will be considered.
      (5)   Indicated when and where written comments will be received concerning the request.
(Ord. 425, passed - -)

§ 152.184 NUISANCE PER SE.

   Uses of land and dwellings, buildings or structures, including tents, campers and motor homes, used, erected, altered, razed or converted in violation of any provision of this chapter or any regulation adopted pursuant to this chapter are hereby declared to be a nuisance per se.  The Court shall order the nuisance abated.
(Ord. § 27.00 passed 5-22-1997)