(a)

Authority of building official. The provisions of this chapter, and all existing codes, are administered and enforced by the building official, who has the right to enter upon any premises at any reasonable time prior to the issuance of a certificate of occupancy for the purposes of making inspections of buildings or premises necessary in carrying out its duties in the enforcement of these regulations. If entry is refused, the building official has recourse to every remedy provided by law to secure entry.

(b)

Building permit required.

(1)

It is unlawful to commence the excavation for or the construction of any structure, including accessory structures, make structural repairs, changes or additions to any existing electrical, HVAC, plumbing or gas systems or to store building materials or erect any structure, including accessory structures, until the building official has issued for such work a building permit including a statement that the plans, specifications and intended use of such structure in all respects conform with these regulations. Application for a building permit is made to the building official on forms provided for that purpose.

(2)

If the building official finds that any provisions of these regulations are being violated, said official will notify in writing the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it. The building official will order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal, additions, alterations, or structural changes; discontinuance of any illegal work being done; or take action authorized by this article, and all existing codes, to ensure compliance with or to prevent violation of its provisions.

(c)

Certificate of occupancy required.

(1)

No land or structure, hereafter erected, moved or altered in its use may be used until a certificate of occupancy is issued stating that the land or structure conforms to this chapter.

(2)

After the owner or his agent has notified the building official that a building or premises is substantially ready for occupancy or use, the building official will make a final inspection and issue a certificate of occupancy if the building or premises conforms to this chapter. If a certificate is refused, the building official must provide notice of and reason for the refusal to the owner.

(Ord. No. 2020-16, § 14.01, 3-16-2020)

(a)

Procedures. Any person violating any provision of these regulations is subject to the following procedures:

(1)

The building official will notify the person of the violation in person or by certified mail, with return receipt requested, a copy of the provision being violated, a written explanation of the exact cause of the violation and a specified amount of time in which to correct the violation. Only one notice will be issued to any person at the same address provided the occupancy or ownership does not change.

(2)

If, after the notice has been served, the time period for correcting the violation has expired, the building official will submit legal notice by certified mail, with return receipt requested, to the person in violation of such zoning regulation. The legal notice will contain a copy of the provision being violated, a written explanation of the exact cause of the violation, a specified amount of time in which to correct the violation.

(3)

If, after the above procedures have been followed, the violation has not been corrected, the building official will certify to the chief of police that the violation has not been corrected. The chief of police will issue a citation to the person violating the regulation. The citation will contain an explanation of the violation and the fine as prescribed by law.

(4)

Repeated violations of the same provision by the same person at the same address is subject to the described procedure in subsection (3) without the benefit of subsections (1) and (2). Each day the violation is committed or permitted to continue constitutes a separate offense and is subject to an additional fine.

(5)

The conviction of a violation and imposition of any fine does not exempt the violation from being made to comply.

For the purpose of this section, if a person does not agree with the building official as to the exact location of property lines, it is that person's responsibility to provide a land survey at his expense to confirm the location of the property lines.

(b)

Injunction, mandamus, and other appropriate proceedings. In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of these regulations, the building official, in addition to other remedies, may institute injunction, mandamus, or other appropriate actions or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, and to correct or abate such violation or to prevent occupancy of such building, structure, or land.

(Ord. No. 2020-16, § 14.02, 3-16-2020)

These regulations and zoning district boundaries may be amended, supplemented, changed, modified or replaced, in accordance with the Code of Alabama. Amendments may be initiated by the council, the commission for referral to the council, or by request of the property owner.

(1)

Application.

a.

An application for any amendment must contain a description or statement of the present and proposed zoning regulation or district boundary requested to be changed, the names and addresses of the owners of affected property, the names and addresses of the adjacent property owners, and the use of the adjacent property.

b.

Rezoning applications must be filed at least 21 calendar days prior to the next regularly scheduled commission meeting.

c.

Fees, as provided in the city fee schedule, must be submitted with the application to cover the advertising and administrative expenses incurred by the city.

(2)

Procedure.

a.

After the building official determines a complete application has been submitted, a hearing will be set before the commission, subject to the public notice requirements of Code of Ala. 1975, Title 11, Chapter 52. The commission has 30 days after the public hearing to report its recommendation to the city council. Failure to transmit its report within this time frame is deemed to have recommended approval by default.

b.

Following the commission's hearing, the council will hold a public hearing subject to the public notice requirements of Code of Ala. 1975, §§ 11-45-8 and 11-52-77.

(3)

Limit on initiation of amendment. No action may be initiated for an amendment to this chapter affecting the same parcel of land more than once a year, unless specifically authorized by the council on the grounds that the circumstances and conditions have changed significantly since the prior hearing.

(Ord. No. 2020-16, § 14.03, 3-16-2020)

The commission must review the character, location and extent of any public street, square, park or other public way, ground, open space or building or structure, or any major utility project, whether publicly or privately owned, in accordance with Code of Ala. 1975, § 11-52-11. The purpose of the review is to determine whether or not the projects are consistent with the master plan. The commission's findings and recommendations are transmitted to the council.

(Ord. No. 2020-16, § 14.04, 3-16-2020)