Zoneomics Logo
search icon

Dimondale City Zoning Code

CHAPTER 1262

Administration, Enforcement and Penalty

1262.01 ADMINISTRATION IN CONFORMITY WITH STATE LAW.

   The provisions of this Zoning Code shall be administered by the Planning Commission and Council in accordance with Act 110 of the Public Acts of 2006, as amended, and Act 33 of the Public Acts of 2008, as amended.
(Ord. 89. Passed 4-10-72; Ord. 2009-7. Passed 12-14-09.)

1262.02 APPOINTMENT OF ADMINISTRATIVE PERSONNEL.

   Council, with the recommendation of the Planning Commission, may employ such personnel as are deemed necessary to act as its officer(s) to effect proper administration of this Zoning Code. The term of employment, rate of compensation and any other conditions of employment shall be established by Council. For the purpose of this Zoning Code, such officer(s) shall have the power of a police officer. Normal enforcement and administration of this Zoning Code shall be conducted by the proper Village or County officer(s) pursuant to Act 230 of the Public Acts of 1972, as amended, (M.C.L.A. 125.1501 et seq., as amended).

1262.03 BUILDING PERMITS.

   All applications for and issuance of building transmittals or permits shall be made in accordance with procedures established by the County and/or by Council. The proper County and/or Village officers shall be empowered to make inspections of buildings or premises to carry out their duties in the enforcement of this Zoning Code.

1262.04 BUILDING TRANSMITTALS.

   The following shall apply in the issuance of any building transmittal:
   (a)   Required. The excavation for any building or structure shall not be commenced, the erection of, addition to, alteration of or moving of any building or structure shall not be undertaken, any land shall not be used or an existing use of land shall not be changed to a use of a different type or class, until a building transmittal has been secured. Except upon a written order of the Board of Appeals, no such building transmittal shall be issued for any building or use of land where the construction, addition, alteration or use thereof would be in violation of any of the provisions of this Zoning Code.
   (b)   Application Requirements. There shall be submitted with all applications for building transmittals one copy of a site layout or plat plan, drawn to scale, showing:
      (1)   The location, shape, area and dimension of the lot;
      (2)   The location, dimensions, height and bulk of the existing and/or proposed structure to be erected, altered or moved on the lot;
      (3)   The intended uses;
      (4)   The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other users;
      (5)   The yard, open space and parking space dimensions;
      (6)   Any other information deemed necessary by the proper officer(s) to determine and provide for the enforcement of this Zoning Code.
   (c)   Voiding of Transmittal. Any transmittal granted under this section shall become null and void after ninety days from the date of granting such transmittal, unless the development proposed shall have passed its first building inspection. Before voidance is actually declared, the proper officer shall notify the applicant of such voiding action by sending a notice to the applicant before such voidance is effective.
   (d)   Building Permits. Upon receipt of a building transmittal, the applicant shall procure a building permit and all related permits from the appropriate Eaton County office and/or the State of Michigan. These permits shall be subject to all rules and regulations as determined by the County or the State.
   (e)   Inspection. The development or usage proposed by any building transmittal or permit shall be subject to such periodic inspections as may be required by the Village, the County and the State. Failure of the permit holder to make a proper request for inspection shall result in a stop work order upon notification by the proper officer.
   (f)   Fees. Fees for inspection and the issuance of permits or certificates required under this Zoning Code shall be collected by the proper officer in advance of issuance. The amount of such fees shall be established by Council and/or Eaton County and shall cover the cost of inspection and supervision resulting from the enforcement of this Zoning Code.

1262.05 ENFORCEMENT.

   The designated Village, County and/or State officers shall enforce the provisions of this Zoning Code. A violation of any provision of this Zoning Code is declared to be a nuisance per se. Any and all building or land use activities considered possible violations of the provisions of this Zoning Code, observed or communicated to Village employees or officials, shall be reported to the Zoning Officer.
   (a)   Inspection of Violations. The designated Village, County and/or State officers shall inspect each alleged violation and shall order the correction, in writing, of all conditions found to be in violation of this Zoning Code.
   (b)   Correction Period. All violations shall be corrected within a period of thirty days after the order to correct is issued or such longer period of time, not to exceed six months, as the designated Village, County and/or State officers shall permit. A violation not corrected within this period shall be reported to the Attorney, who is hereby authorized to and shall initiate procedures to eliminate such violations.

1262.06 CUMULATIVE RIGHTS AND REMEDIES.

   The rights and remedies provided in this chapter are cumulative and in addition to any other remedies provided by law.
(Ord. 89. Passed 4-10-72.)

1262.99 PENALTY.

   Whoever violates or fails to comply with any of the provisions of this Zoning Code is guilty of maintaining a nuisance per se and shall be liable for penalties as set forth in Section 202.99 of the Codified Ordinances of the Village. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues after the expiration of the period of correction of the violation or noncompliance, as set forth in Section 1262.05(b).
(Ord. 99-2. Passed 7-12-99.)