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Clearfield City Zoning Code

CHAPTER 2

ADMINISTRATION AND ENFORCEMENT

11-2-1: ENFORCEMENT:

All department officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions of this title and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. It shall be the duty of the planning and zoning administrator, building official, and the police chief (or their designees) to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building or premises. (Ord. 2009-18, 11-24-2009)

11-2-2: PLANNING AND ZONING ADMINISTRATOR:

   A.   Designation: An administrative official, to be known as the planning and zoning administrator, shall administer and enforce this title. The planning and zoning administrator may be provided with the assistance of such other persons as the city manager may direct or authorize.
   B.   Violations Of Land Use Title: If the planning and zoning administrator or designee finds that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the actions necessary to correct it. He shall order discontinuance of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take other action authorized by this title to ensure compliance with or to prevent violation of its provisions.
   C.   Application Review: The planning and zoning administrator shall accept all applications for items that are required by this title to be reviewed and approved by staff, the planning commission, and/or city council. The planning and zoning administrator shall review such applications when they are submitted to see that all information and items required by this title are included in the applications. The planning and zoning administrator shall not place any application on the applicable agenda until all items required have been submitted or are omitted for good cause. When all items and information required have been submitted, the planning and zoning administrator shall schedule the application on the agenda. (Ord. 2009-18, 11-24-2009)

11-2-3: BUILDING PERMITS:

   A.   Permit Required: No building or structure shall be constructed, reconstructed, altered, remodeled, moved or demolished without a permit issued by the city.
   B.   Application: Applications for building permits shall be made to the building official. All applications shall be accompanied by plans showing information required by the city.
   C.   Permits To Comply With This Title: All building permits shall be reviewed by the building official and planning and zoning administrator for compliance with this title before being issued. No permit shall be issued unless and until the contemplated action is in compliance with the provisions of this title. (Ord. 2015-19, 12-8-2015)

11-2-4: ABATEMENT OF PUBLIC NUISANCES; AUTHORITY1:

Any building or structure set up, erected, constructed or altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, building or premises established, shall be and the same hereby is declared to be unlawful and a public nuisance. The city attorney shall immediately commence action or proceedings for the abatement and removal and enjoinment of any such unlawful structure or use in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 2009-18, 11-24-2009)

11-2-5: PENALTY:

The city has sole discretion in deciding whether to pursue administrative, civil or criminal remedies for any violation of the provisions of this title. Any person violating or causing the violation of any of the provisions of this title, or failing or refusing to do some act required under this title, shall be guilty of a class C misdemeanor. In addition to any administrative, civil, or criminal penalties, any person found in violation of this title may be subject to payment of costs associated with enforcement of this title, including, but not limited to, attorney fees. (Ord. 2009-18, 11-24-2009; amd. Ord. 2020-06, 2-25-2020)