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Dayton City Zoning Code

CHAPTER 11

18.- ADMINISTRATION AND ENFORCEMENT

11-18.010.- Appeals of administrative decisions or requests for interpretations.

Appeals of administrative decisions that relate to interpretations of this title or the comprehensive plan and requests for interpretations of this title or the plan shall follow the procedures and requirements set forth in DMC title 10, administration of development regulations.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

11-18.020. - Application and review fees.

It is the intent of the schedule of fees to reasonably recover costs of administration, inspection, publication of notice; environmental checklists and similar items associated with special requests for development permits, variance, special permits and appeals. The city council shall establish a schedule of fees pertaining to matters of this title. The schedule of fees shall be made available at City Hall by the city clerk and may be altered by amendment only by the city council. Any administrative city official shall be exempt from such fees when initiating requests on behalf of the city.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

11-18.030. - Violation—Enforcement authority, notice and penalties.

It is the intent of this section to establish consistent procedures for code enforcement toward violations of this title. The planning director or any designated alternate empowered by ordinance or authorized by the mayor shall be responsible for the investigation of potential violations of this title and shall follow the notice requirements and procedures of Dayton Municipal Code (DMC) title 21, code compliance for violations of the zoning code, unless DMC 11-18.040 is applicable. Penalties for violations are set forth in DMC title 21, code compliance.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1903, § 2, 11-14-2016)

11-18.040. - Revocation of permit or variance.

The planning director may revoke or suspend any approval, permit, or variance granted under this title if any of the following conditions is found to exist:

A.

Fraud in obtaining the approval, permit, or variance;

B.

Concealment or misrepresentation of any material fact on the application or on any subsequent applications or reports;

C.

The operation is found to be in violation of the approved plans, conditions of approvals, time limits or the terms of the permit and the owner has failed to correct the violation after proper notice thereof.

The decision of the planning director is appealable as set forth in title 10 as a type II application.

D.

Code enforcement under DMC 11-18-030 shall apply to a violation, where there was no approval, permit, or variance issued by the city.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1903, § 3, 11-14-2016)

11-18.050. - Severability.

If any provision of this title or its application to any person or circumstance is held invalid, the remainder of this title or the application of the provision to other persons or circumstances shall not be affected.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)