The Building Official shall recommend and the City Council shall adopt a schedule of fees to be paid upon the filing of each application specified in this Title.
6-16-1: ENFORCING OFFICER:
The Building Official is designated to be responsible for interpreting and enforcing this Zoning Title. The Building Official shall have the power and shall exercise the functions described below, and further prescribed by the State law and by the terms of all provisions of this Code now in force or hereafter passed relating to State law.
(A) Issue all zoning and building permits and make and maintain records thereof.
(B) Issue all certificates of occupancy, and make and maintain records thereof.
(C) Conduct inspections of buildings, structures, and the use of land to determine compliance with the terms of this Title.
(D) To review plans submitted by applicants for development approval in conformity with the terms of this Title.
(E) Maintain permanent and current records of this Title, including, but not limited to all maps, amendments, special uses, variances, appeals, and applications therefore.
(F) Initiate or direct from time to time a study of the provisions of this Title, and make reports or recommendations to the Planning Commission not less frequently than once a year.
(G) To maintain and make available for public inspection and purchase the official Zoning Map, the Zoning Ordinance, and the minimum submission requirements for various types of development review adopted by City Council resolution. (Ord. 1973, 1-6-1997)
6-16-2: ESTABLISHMENT; ORGANIZATION:
(A) There is hereby established a Zoning Board of Appeals. The Board shall consist of seven (7) members appointed by the Mayor and confirmed by the Council. The members of the Board shall serve respectively for the following terms:
One for one year;
One for two (2) years;
One for three (3) years;
One for four (4) years;
One for five (5) years;
One for six (6) years;
One for seven (7) years.
(B) The successor of each member so appointed shall serve for a term of five (5) years. Vacancies shall be filled by the Mayor, subject to confirmation by the Council, for the unexpired term. Members may be removed by the Mayor for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged.
(C) One of the members of the Zoning Board of Appeals shall be designated by the Mayor, with the consent of the Council, as chairman of the Board and shall hold office as chairman until a successor is appointed. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.
(D) The Board shall select one member as secretary to keep minutes and maintain the records of the Zoning Board of Appeals. (Ord. 1973, 1-6-1997)
6-16-3: MEETINGS; RECORDS:
(A) All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. There shall be at least fifteen (15) days but not more than thirty (30) days notice of the time and place of such meeting published in a paper of general circulation in the City, said notice to contain a statement of the particular purpose of such meeting and a brief description of the location of the property under consideration at such meeting.
(B) All meetings of the Board shall be open to the public.
(C) The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings; showing the vote of each member upon every question, or, if failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of requested variation, and the reasons for granting or denying such variation shall be specified. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Building Official and shall be a public record.
(D) The Board shall adopt its own rules of procedure, a copy of which and all recommendations thereto shall be filed in the office of the Clerk.
(E) The minutes of the Board shall be open to public examination at reasonable hours.
(F) Expenses incurred by the Zoning Board of Appeals are to be itemized and shall be borne by the City. (Ord. 1973, 1-6-1997)
6-16-4: JURISDICTION:
(A) The Zoning Board of Appeals as herein created is a body of limited powers. It shall hear and decide appeals from and review any order, requirement, decision or determination, made by the Building Official, and in those instances described in Chapter 13, Section 6-13-40.
(B) The Board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper, and to that end the Board shall also have all the powers of the officer from whom the appeal is taken. (Ord. 1973, 1-6-1997)
6-16-5: CREATION OF COMMISSION:
A Plan Commission consisting of ten (10) members shall be and is hereby created. The Mayor and the President of the Board of Local Improvements shall be an ex officio non-voting member of the Commission. (Ord. 1973, 1-6-1997)
6-16-6: TERM OF OFFICE:
The members of the Plan Commission shall be appointed by the Mayor and shall serve with the consent of the Council. Each member of the present Plan Commission is hereby reappointed for the term for which such member has heretofore been appointed by the Mayor and the City Council. Successors to the members so appointed are to be appointed for terms of four (4) years. One member of the Plan Commission shall be selected as Chairman of the Plan Commission. The Chairman shall be selected after recommendation by majority vote of the members of the Plan Commission and shall be appointed after obtaining approval by the Mayor and consent of the City Council. The term of Chairman shall be for a period of one (1) year unless the term such member is serving is less than one (1) year in which event he shall be appointed for the balance of his term as a member of the Plan Commission. The Chairman shall preside at all meetings of the Plan Commission and shall designate a member of the Plan Commission to act as Chairman in his absence. (Ord. 1973, 1-6-1997)
6-16-7: POWERS OF THE PLAN COMMISSION:
The Plan Commission shall have the following powers:
(A) To prepare and recommend to the Council a comprehensive plan of public improvements looking to the present and future development of the City, such plan after its adoption by the Council, to be known as the Comprehensive Plan of the City. The Commission may thereafter, from time to time, recommend any changes in the Comprehensive Plan. The plan may include reasonable requirements in reference to streets, alleys and public grounds in unsubdivided lands within the corporate limits and in contiguous territory outside of and distant not more than one and one-half (1 1/2) miles from such limits and not included in any City, village, or incorporated town, such requirements to be effective whenever such lands shall be subdivided after the adoption of the Plan.
(B) To prepare and recommend to the City Council and Board of Local Improvements, from time to time, plans for specific improvements in pursuance of the Comprehensive Plan.
(C) To give aid to the officials of the City charged with the direction of projects for improvements embraced within the Comprehensive Plan, to further the making of such improvements and generally to promote the realization of the Comprehensive Plan. (Ord. 1973, 1-6-1997)
6-16-8: ALTERNATE MEMBERS:
(A) The Mayor with the approval of the City Council may appoint two (2) alternate members of the Plan Commission. The Mayor shall designate a first alternate and second alternate member. Alternate members shall serve in the order of their designation.
(B) Term of the alternate members of the Plan Commission shall be for four (4) years.
(C) When a regular appointed member is absent for any reason from a meeting of the Plan Commission, an alternate member shall have such powers and may exercise such duties as a regularly appointed member.
(D) When there is a vacancy of a regular member and a new appointment is to be made, the alternate member who has been designated first alternate shall then be appointed as a regular member. When the first alternate member is appointed as a regular member, the second alternate member shall become the first alternate member. The second alternate member shall become the first alternate member and the new appointment shall be the second alternate member. (Ord. 1973, 1-6-1997)
6-16-9: MISDEMEANOR CITATIONS AND JUDICIAL REMEDIES:
(A) A violation of any provision of this Title, including failure to secure a required permit, certificate of occupancy, or other form of development approval, or failure to satisfy any condition imposed in connection with the approval of a special use or variation shall constitute a misdemeanor punishable by a fine of no less than five dollars ($5.00), and no more than five hundred dollars ($500.00). The Building Official shall have the power to issue citations for violations of this Title.
(B) The Building Official may initiate judicial proceedings to remedy or correct any violation of this Title.
(C) If the violator does not pay a fine imposed in accordance with this Chapter within the prescribed time period, then the City may institute a civil action in the nature of debt to recover the amount owed.
(D) In any case where any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any structure or land is used in violation of this Title or of any other Title or lawful regulation, the Building Official, with the assistance of other proper authorities of the City, in addition to the remedies herein provided, may in the name of the City of Dixon institute any appropriate action or proceed to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use or to impose a penalty for such violation, or to restrain, correct or abate such violation in order to prevent the occupancy of said structure or land contrary to the provisions hereof, or to prevent any illegal act, conduct, business or use in or about such premises.
(E) Each day of a continuing violation of this Title shall constitute a separate violation subject to the penalties and remedies set forth in this Chapter 16. (Ord. 1973, 1-6-1997)
Dixon City Zoning Code
CHAPTER 16
ADMINISTRATION AND ENFORCEMENT
PART D: FEES
The Building Official shall recommend and the City Council shall adopt a schedule of fees to be paid upon the filing of each application specified in this Title.
6-16-1: ENFORCING OFFICER:
The Building Official is designated to be responsible for interpreting and enforcing this Zoning Title. The Building Official shall have the power and shall exercise the functions described below, and further prescribed by the State law and by the terms of all provisions of this Code now in force or hereafter passed relating to State law.
(A) Issue all zoning and building permits and make and maintain records thereof.
(B) Issue all certificates of occupancy, and make and maintain records thereof.
(C) Conduct inspections of buildings, structures, and the use of land to determine compliance with the terms of this Title.
(D) To review plans submitted by applicants for development approval in conformity with the terms of this Title.
(E) Maintain permanent and current records of this Title, including, but not limited to all maps, amendments, special uses, variances, appeals, and applications therefore.
(F) Initiate or direct from time to time a study of the provisions of this Title, and make reports or recommendations to the Planning Commission not less frequently than once a year.
(G) To maintain and make available for public inspection and purchase the official Zoning Map, the Zoning Ordinance, and the minimum submission requirements for various types of development review adopted by City Council resolution. (Ord. 1973, 1-6-1997)
6-16-2: ESTABLISHMENT; ORGANIZATION:
(A) There is hereby established a Zoning Board of Appeals. The Board shall consist of seven (7) members appointed by the Mayor and confirmed by the Council. The members of the Board shall serve respectively for the following terms:
One for one year;
One for two (2) years;
One for three (3) years;
One for four (4) years;
One for five (5) years;
One for six (6) years;
One for seven (7) years.
(B) The successor of each member so appointed shall serve for a term of five (5) years. Vacancies shall be filled by the Mayor, subject to confirmation by the Council, for the unexpired term. Members may be removed by the Mayor for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged.
(C) One of the members of the Zoning Board of Appeals shall be designated by the Mayor, with the consent of the Council, as chairman of the Board and shall hold office as chairman until a successor is appointed. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.
(D) The Board shall select one member as secretary to keep minutes and maintain the records of the Zoning Board of Appeals. (Ord. 1973, 1-6-1997)
6-16-3: MEETINGS; RECORDS:
(A) All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. There shall be at least fifteen (15) days but not more than thirty (30) days notice of the time and place of such meeting published in a paper of general circulation in the City, said notice to contain a statement of the particular purpose of such meeting and a brief description of the location of the property under consideration at such meeting.
(B) All meetings of the Board shall be open to the public.
(C) The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings; showing the vote of each member upon every question, or, if failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of requested variation, and the reasons for granting or denying such variation shall be specified. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Building Official and shall be a public record.
(D) The Board shall adopt its own rules of procedure, a copy of which and all recommendations thereto shall be filed in the office of the Clerk.
(E) The minutes of the Board shall be open to public examination at reasonable hours.
(F) Expenses incurred by the Zoning Board of Appeals are to be itemized and shall be borne by the City. (Ord. 1973, 1-6-1997)
6-16-4: JURISDICTION:
(A) The Zoning Board of Appeals as herein created is a body of limited powers. It shall hear and decide appeals from and review any order, requirement, decision or determination, made by the Building Official, and in those instances described in Chapter 13, Section 6-13-40.
(B) The Board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper, and to that end the Board shall also have all the powers of the officer from whom the appeal is taken. (Ord. 1973, 1-6-1997)
6-16-5: CREATION OF COMMISSION:
A Plan Commission consisting of ten (10) members shall be and is hereby created. The Mayor and the President of the Board of Local Improvements shall be an ex officio non-voting member of the Commission. (Ord. 1973, 1-6-1997)
6-16-6: TERM OF OFFICE:
The members of the Plan Commission shall be appointed by the Mayor and shall serve with the consent of the Council. Each member of the present Plan Commission is hereby reappointed for the term for which such member has heretofore been appointed by the Mayor and the City Council. Successors to the members so appointed are to be appointed for terms of four (4) years. One member of the Plan Commission shall be selected as Chairman of the Plan Commission. The Chairman shall be selected after recommendation by majority vote of the members of the Plan Commission and shall be appointed after obtaining approval by the Mayor and consent of the City Council. The term of Chairman shall be for a period of one (1) year unless the term such member is serving is less than one (1) year in which event he shall be appointed for the balance of his term as a member of the Plan Commission. The Chairman shall preside at all meetings of the Plan Commission and shall designate a member of the Plan Commission to act as Chairman in his absence. (Ord. 1973, 1-6-1997)
6-16-7: POWERS OF THE PLAN COMMISSION:
The Plan Commission shall have the following powers:
(A) To prepare and recommend to the Council a comprehensive plan of public improvements looking to the present and future development of the City, such plan after its adoption by the Council, to be known as the Comprehensive Plan of the City. The Commission may thereafter, from time to time, recommend any changes in the Comprehensive Plan. The plan may include reasonable requirements in reference to streets, alleys and public grounds in unsubdivided lands within the corporate limits and in contiguous territory outside of and distant not more than one and one-half (1 1/2) miles from such limits and not included in any City, village, or incorporated town, such requirements to be effective whenever such lands shall be subdivided after the adoption of the Plan.
(B) To prepare and recommend to the City Council and Board of Local Improvements, from time to time, plans for specific improvements in pursuance of the Comprehensive Plan.
(C) To give aid to the officials of the City charged with the direction of projects for improvements embraced within the Comprehensive Plan, to further the making of such improvements and generally to promote the realization of the Comprehensive Plan. (Ord. 1973, 1-6-1997)
6-16-8: ALTERNATE MEMBERS:
(A) The Mayor with the approval of the City Council may appoint two (2) alternate members of the Plan Commission. The Mayor shall designate a first alternate and second alternate member. Alternate members shall serve in the order of their designation.
(B) Term of the alternate members of the Plan Commission shall be for four (4) years.
(C) When a regular appointed member is absent for any reason from a meeting of the Plan Commission, an alternate member shall have such powers and may exercise such duties as a regularly appointed member.
(D) When there is a vacancy of a regular member and a new appointment is to be made, the alternate member who has been designated first alternate shall then be appointed as a regular member. When the first alternate member is appointed as a regular member, the second alternate member shall become the first alternate member. The second alternate member shall become the first alternate member and the new appointment shall be the second alternate member. (Ord. 1973, 1-6-1997)
6-16-9: MISDEMEANOR CITATIONS AND JUDICIAL REMEDIES:
(A) A violation of any provision of this Title, including failure to secure a required permit, certificate of occupancy, or other form of development approval, or failure to satisfy any condition imposed in connection with the approval of a special use or variation shall constitute a misdemeanor punishable by a fine of no less than five dollars ($5.00), and no more than five hundred dollars ($500.00). The Building Official shall have the power to issue citations for violations of this Title.
(B) The Building Official may initiate judicial proceedings to remedy or correct any violation of this Title.
(C) If the violator does not pay a fine imposed in accordance with this Chapter within the prescribed time period, then the City may institute a civil action in the nature of debt to recover the amount owed.
(D) In any case where any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any structure or land is used in violation of this Title or of any other Title or lawful regulation, the Building Official, with the assistance of other proper authorities of the City, in addition to the remedies herein provided, may in the name of the City of Dixon institute any appropriate action or proceed to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use or to impose a penalty for such violation, or to restrain, correct or abate such violation in order to prevent the occupancy of said structure or land contrary to the provisions hereof, or to prevent any illegal act, conduct, business or use in or about such premises.
(E) Each day of a continuing violation of this Title shall constitute a separate violation subject to the penalties and remedies set forth in this Chapter 16. (Ord. 1973, 1-6-1997)