- ENFORCEMENT
The provisions of this Chapter shall be enforced by the Building Inspector. Appeal from the decision of the Building Inspector may be made to the Board of Adjustment as provided herein.
The Building Inspector shall be designated by the City Council to administer and enforce this Ordinance. He/she may be provided with the assistance of other such persons as the City Council may direct.
If the Building Inspector shall find that any of the provisions of this Ordinance are being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of violation and the action necessary to correct it. The Building Inspector shall take any action authorized by this Ordinance to [ensure ]compliance with or prevent violation of its provisions.
A Certificate of Occupancy issued by the Building Inspector shall be required to erect, construct, reconstruct, alter, maintain, or use any building or structure, or to use any land as herein specified. No Certificate of Compliance shall be issued by the Building Inspector unless the provisions of this Ordinance have been complied with or he/she receives a written order from the County Board of Zoning Adjustment of Planning Commission (City Council) in the form of administrative review, special exception or variance as provided by this Ordinance.
Certificate of Occupancy of a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A Certificate of Occupancy for the use of vacant or the change in the use of land shall be applied for before any such land shall be occupied or used, and should such proposed use be determined to conform with these provisions, a Certificate of Occupancy shall be issued within ten days after application is made. No permit for excavation for any building shall be issued before application has been made for a Certificate of Occupancy. No fee shall be charged for an original Certificate applied for coincident with the application for a building permit. A fee of $1.00 shall be charged for each copy of all other Certificates of copies of the original Certificate. A record of all Certificates shall be kept on file in the office of the Municipal Clerk and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or property affected.
The Building Inspector shall issue a Certificate of Occupancy for any nonconforming use which existed at the time of the passage of the Zoning Ordinance. It shall state that the use is a nonconforming use and does not conform with the provisions of this Chapter. The Building Inspector shall notify all occupants of property being used as nonconforming uses and said occupant shall within 30 days after receipt of such notice, apply to the office of the Building Inspector for a Certificate of Occupancy.
To obtain a Building Permit, the applicant shall submit the required documents established herein to the office of the Municipal Clerk.
A.
An application on form prescribed by the Building Inspector, containing information sufficient to show compliance with the requirements of this Chapter.
B.
A plat and one copy drawn to scale showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of existing buildings and structures, the lines within which the proposed building or structure and driveways shall be located or altered, the existing and intended use of the property, and such other information with regard to the lot and neighboring lots and their use as may be necessary to determine compliance with and provide for the enforcement of this Chapter.
C.
In the (R-1) Residential District, or where two or more dwelling units are desired to be built on a corner lot in the (R-2) Residential District, in addition to complying with the provisions of subsections A and B, the following procedure shall be followed: Upon filing of the application required herein, the applicant shall advance the sum of $10.00 to the Municipal Clerk toward the payment of all cost in connection with the filing and the publication of notice. In the case these costs exceed $10.00, the applicant shall pay the difference to the Clerk. Should the costs be less, the Clerk shall refund to the applicant the remaining difference.
D.
One copy of the plans shall be returned to the applicant by the Zoning Administrator after he/she shall have marked such copy either as approved or disapproved and attested to same by his/her signature on such copy. If a building permit is refused, the Zoning Administrator shall state the reasons for such refusal in writing. The original and one copy of the plans, similarly marked, shall be retained by the Zoning Administrator. The issuance of a building permit shall, in no case, be construed as waiving any provisions of this Ordinance.
Any person, firm or corporation violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $100.00. Each and every day during which such illegal locating, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense.
In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this Chapter, the Building Inspector, or any other appropriate Municipal authority, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation. [JH1]What differentiates an "outdoor storage container" from a storage shed or prefabricated building? What about the outdoor, plastic storage containers people put on their patios/decks? I think we need a definition, proposed, above. [JH2]Which Districts? Inserted section D, below. [JH3]Does this include something like a PODS storage container used for moving? I've inserted language that will address this, below. [JH4]In the above-mentioned PODS example, this would be problematic - the business typically operates by dropping the unit off in a driveway (where it can then be collected by a truck)
- ENFORCEMENT
The provisions of this Chapter shall be enforced by the Building Inspector. Appeal from the decision of the Building Inspector may be made to the Board of Adjustment as provided herein.
The Building Inspector shall be designated by the City Council to administer and enforce this Ordinance. He/she may be provided with the assistance of other such persons as the City Council may direct.
If the Building Inspector shall find that any of the provisions of this Ordinance are being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of violation and the action necessary to correct it. The Building Inspector shall take any action authorized by this Ordinance to [ensure ]compliance with or prevent violation of its provisions.
A Certificate of Occupancy issued by the Building Inspector shall be required to erect, construct, reconstruct, alter, maintain, or use any building or structure, or to use any land as herein specified. No Certificate of Compliance shall be issued by the Building Inspector unless the provisions of this Ordinance have been complied with or he/she receives a written order from the County Board of Zoning Adjustment of Planning Commission (City Council) in the form of administrative review, special exception or variance as provided by this Ordinance.
Certificate of Occupancy of a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A Certificate of Occupancy for the use of vacant or the change in the use of land shall be applied for before any such land shall be occupied or used, and should such proposed use be determined to conform with these provisions, a Certificate of Occupancy shall be issued within ten days after application is made. No permit for excavation for any building shall be issued before application has been made for a Certificate of Occupancy. No fee shall be charged for an original Certificate applied for coincident with the application for a building permit. A fee of $1.00 shall be charged for each copy of all other Certificates of copies of the original Certificate. A record of all Certificates shall be kept on file in the office of the Municipal Clerk and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or property affected.
The Building Inspector shall issue a Certificate of Occupancy for any nonconforming use which existed at the time of the passage of the Zoning Ordinance. It shall state that the use is a nonconforming use and does not conform with the provisions of this Chapter. The Building Inspector shall notify all occupants of property being used as nonconforming uses and said occupant shall within 30 days after receipt of such notice, apply to the office of the Building Inspector for a Certificate of Occupancy.
To obtain a Building Permit, the applicant shall submit the required documents established herein to the office of the Municipal Clerk.
A.
An application on form prescribed by the Building Inspector, containing information sufficient to show compliance with the requirements of this Chapter.
B.
A plat and one copy drawn to scale showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of existing buildings and structures, the lines within which the proposed building or structure and driveways shall be located or altered, the existing and intended use of the property, and such other information with regard to the lot and neighboring lots and their use as may be necessary to determine compliance with and provide for the enforcement of this Chapter.
C.
In the (R-1) Residential District, or where two or more dwelling units are desired to be built on a corner lot in the (R-2) Residential District, in addition to complying with the provisions of subsections A and B, the following procedure shall be followed: Upon filing of the application required herein, the applicant shall advance the sum of $10.00 to the Municipal Clerk toward the payment of all cost in connection with the filing and the publication of notice. In the case these costs exceed $10.00, the applicant shall pay the difference to the Clerk. Should the costs be less, the Clerk shall refund to the applicant the remaining difference.
D.
One copy of the plans shall be returned to the applicant by the Zoning Administrator after he/she shall have marked such copy either as approved or disapproved and attested to same by his/her signature on such copy. If a building permit is refused, the Zoning Administrator shall state the reasons for such refusal in writing. The original and one copy of the plans, similarly marked, shall be retained by the Zoning Administrator. The issuance of a building permit shall, in no case, be construed as waiving any provisions of this Ordinance.
Any person, firm or corporation violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $100.00. Each and every day during which such illegal locating, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense.
In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this Chapter, the Building Inspector, or any other appropriate Municipal authority, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation. [JH1]What differentiates an "outdoor storage container" from a storage shed or prefabricated building? What about the outdoor, plastic storage containers people put on their patios/decks? I think we need a definition, proposed, above. [JH2]Which Districts? Inserted section D, below. [JH3]Does this include something like a PODS storage container used for moving? I've inserted language that will address this, below. [JH4]In the above-mentioned PODS example, this would be problematic - the business typically operates by dropping the unit off in a driveway (where it can then be collected by a truck)