The Department of Community Development, as designated by the Mayor and Board of Aldermen of the City of Cleveland shall administer and enforce this Ordinance. This department may be provided with the assistance of such other persons as deemed necessary by the Mayor and Board of Aldermen.

Any officer, employee, Board or Commission member, or other agent of the City of Cleveland may enter and inspect or abate any building or premises whenever necessary, as a part of their designated duties, to secure compliance with, or prevent violation of, any provision of this Ordinance. If required by law, the officer, employee or agent shall first obtain consent of the responsible party or an appropriate court order.

No officer, employee, appointee, Board or Commission member, contractor, or other agent of the City of Cleveland shall be personally liable for any damage that may accrue to any person as a result of any act, decision, or other consequence or occurrence arising out of the discharge of duties and responsibilities pursuant to this Ordinance.

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

1.

Building Permits Required. No building or other structure shall be erected, altered, moved, added to, or renovated without a permit therefore, issued by the Department of Community Development.

2.

Compliance with Codes. No property shall be occupied or used and no building erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate of occupancy is issued by the Department of Community Development.

3.

Change of Use. No change of use shall be made in any building or part thereof erected or structurally altered without a permit being issued by the Department of Community Development. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this Ordinance.

4.

Discontinuance. Nothing in this Ordinance shall prevent the continuance of a nonconforming use unless discontinuance is necessary for the safety of life and property.

5.

Occupancy Certificates. No structure shall be occupied without a valid and current Certificate of Occupancy. Once issued, a Certificate of Occupancy shall be valid for a period of twelve (12) months from the date of issuance or until there is a change in ownership or tenant, whichever is more restrictive. For new construction, certificates of occupancy shall be issued after the lawful erection of the building or structure is completed. A record of all certificates shall be kept on file in the office of the Department of Community Development, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

6.

Commencement of Work. Work shall not commence on any construction project until the necessary permits are obtained from the Department of Community Development. No building or premises can be occupied without a certificate of occupancy. Work commenced prior to the issuance of a permit is subject to double permit fees and shall be in violation of this Ordinance.

7.

Application for Building Permit. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. Plans submitted for all commercial, industrial, or multi-family projects shall be submitted in both paper and electronic formats. The application shall include such other information as lawfully may be required by the Department of Community Development, including existing or proposed construction or alteration, existing or proposed uses of building and land, and other matters as may be necessary to determine conformance with and provide for the enforcement of this Ordinance. Construction plans shall be prepared by a licensed design professional whenever a proposed project meets any of the following criteria:

a.

The intended use is of a type A, E, I, or H occupancy; or

b.

The proposed construction is three (3) stories or more in height; or

c.

The proposed construction is five thousand (5,000) square feet or greater; or

d.

If required by the Plan Review Committee.

8.

Expiration of Building Permit. If the work described in any building permit has not commenced with six (6) months from the date of issuance thereof, said permit shall expire and shall be canceled by the Department of Community Development. If a permitted project is inactive for a period of six (6) months, said permit shall expire and shall be canceled by the Department of Community Development. Written notice shall be given the person or persons affected, together with notice that any work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

9.

Penalty for Violation. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the Department of Community Development authorize only the use, arrangement, and construction specified in such approved plans and applications, and any other use, arrangement, or construction shall be deemed in violation of this Ordinance, and punishable as provided under this Article.

No exterior feature of any resource in a historic district shall be altered, relocated, or demolished until after an application for a certificate of appropriateness of such work has been approved by the Heritage Commission. Likewise, no construction which affects a resource in a historic district shall be undertaken without a certificate of appropriateness unless the work is considered regular and routine maintenance as described in Article 5, Section 510.

If the Building Official finds that any of the provisions of this Ordinance are being violated, he shall notify in writing the person or persons responsible for such violation indicating the nature of such violation and order the action necessary to correct it. He shall order discontinuance of illegal uses of land, buildings, structures or signs; removal of illegal buildings, structures, signs, additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions.

Any arrangement of construction different from that approved as a part of this Ordinance shall constitute a violation of these standards. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this Ordinance, the Building Official, in addition to other remedies, shall institute any appropriate action or proceedings in the name of the City of Cleveland, Mississippi, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises.

Any person or corporation who shall violate any of the provisions of this Ordinance or fail to comply herewith or with any of the requirements of this Ordinance shall be deemed guilty of a misdemeanor and shall be liable to a fine of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not to exceed 90 days, or both such fine and imprisonment. Each day such violation shall be permitted to exist may constitute a separate offense. The owner or owners of any building or structure or facility or premises or part where anything in violation of this Ordinance shall be placed or shall exist, and any architect, builder, contractor, individual person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be deemed guilty of a separate offense and upon conviction shall be fined as herein provided.

In addition to the penalties authorized and established above, any violation shall be sufficient grounds for the Building Official to issue stop work orders, withhold further permits, and void current permits. The City Attorney is also authorized to take such actions in law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violations of these standards.

The following civil and criminal penalties may be imposed upon those persons found to have violated requirements or prohibitions related specifically to Article 11 regarding Historic Districts and preservation.

1.

Civil penalty.

a.

Any person who constructs, alters, relocates, or demolishes any resource in violation of this Ordinance shall be required to restore the resource to its appearance or setting prior to the violation. Any action to enforce this provision shall be brought by the City. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.

b.

If construction, alteration, relocation or demolition of any resource occurs without a certificate of appropriateness, then the license of the company, individual, principal owner, or the successor in interest performing such acts shall be revoked for a period of three years.

c.

If demolition of a resource occurs without a certificate of appropriateness, then any permits on subject property will be denied for a period of three years. In addition, the applicant shall not be entitled to have issued to him any permit allowing any curb cuts on subject property for a period of three years from and after the date of such demolition.

2.

Criminal penalty. Any person violating any provision of Article 11 shall be guilty of a misdemeanor and shall be guilty of a separate violation for each day during which any violation is committed. Upon conviction, each violation shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00).