The purpose of this article is to specify the process to administer and enforce the City of Dothan's Zoning Regulations and identify remedies when enforcement action becomes necessary. This article is also intended to link requirements of this chapter to an applicant's responsibility for obtaining required building permits. Regulations in this article are not intended to modify regulations established in the City of Dothan Code of Ordinances, chapter 14, buildings and building regulations, or any other regulations established in this chapter.

(Ord. No. 2015-336, § 1, 12-1-15)

Regulations in this chapter shall be administered and enforced by the administrative official. Upon good cause and upon presentation of proper credentials, the administrative official or his authorized agent may enter at any reasonable time any building, structure, or premises for the purpose of determining whether this chapter is being violated. When a violation of this chapter is found, the administrative official is authorized and directed to institute any appropriate action to prevent or terminate such violation including without limitation, direct abatement, citation, or civil action to enjoin the violation.

(Ord. No. 2015-336, § 1, 12-1-15)

It shall be unlawful to commence the excavation for or the construction of any building and/or structure, including accessory buildings and/or structures, or to store building materials and/or erect temporary field offices and/or to commence the moving, alteration and/or repair (except necessary repairs not affecting the external or party walls, chimneys, stairways or heights of buildings) of any building and/or structure, including accessory buildings and/or structures, until the administrative official has authorized the release of a building permit for such work.

(a)

Application required. Application for a building permit shall be made to the building official on forms provided for that purpose. Application forms shall include a statement, to be signed by the applicant or the applicant's agent, stating that the plans, specifications and intended use of such building and/or structure in all respects conform to this chapter.

(b)

Plans required. It shall be unlawful for the administrative official to approve any plans or authorize release of a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter. Therefore, the administrative official shall require that every application for a building permit for the excavation, construction, use of land, moving or alteration thereof be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the administrative official to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformance with this chapter:

(1)

The actual shape, proportion and dimensions of the lot to be built upon.

(2)

The shape, size and location of all buildings and/or structures to be erected, altered or moved and of any buildings or other buildings and/or structures already on the lot.

(3)

The existing and intended use of all such buildings or other buildings and/or structures.

(4)

Information such as the location of property lines and location(s) of existing buildings on adjoining lots may be essential for determining conformance with this chapter. Other information may be requested by the administrative official.

(c)

Review and determination. The administrative official shall review the permit application. After concluding that zoning regulations have been satisfied, the administrative official shall notify the building official that the plans are in compliance with this chapter, and hereby authorize the release of the respective permit. If zoning regulations have not been satisfied, the administrative official shall state in writing, on the application, the cause of any disapproval. Issuance of a building permit shall, in no case, be construed as waiving any provision of this chapter.

(d)

Fee required. Application filing fees may be required. Fees associated with rezoning regulations, when required, are outlined in article IV, amendment and rezoning procedure, and shall be required at the time of application submission. Fees associated with building permits are outlined in the City of Dothan Code of Ordinances, chapter 14, buildings and building regulations, and shall be paid in accordance with policies established by the department.

(e)

Final inspection. Prior to the occupancy or use of any land, building and/or structure or part thereof, a final inspection shall be required. The purpose of the final inspection is to ensure that any land or building and/or structure or part thereof is found to be in conformity with this chapter. It shall be the duty of the owner or agent to contact the administrative official to schedule a final inspection.

(f)

Certificate of occupancy. The building official shall issue the certificate of occupancy after the project passes the final inspection. The issuance of the certificate of occupancy shall occur no later than the end of the next business day following the final inspection.

(g)

Temporary certificate of occupancy. A temporary certificate of occupancy may be issued by the building official after consultation with the administrative official for a period not to exceed 60 days.

(Ord. No. 2015-336, § 1, 12-1-15)

Appeals to the administration and enforcement of this chapter shall be permitted as follows:

(1)

Zoning. Appeals pertaining to the regulations of this chapter and/or decisions, determinations or interpretations of the administrative official shall be handled by the board of zoning adjustment in accordance with article VI of this chapter.

(2)

Building code. Appeals pertaining to building code regulations or enforcements shall be handled in accordance with the City of Dothan Code of Ordinances, chapter 14, buildings and building regulations.

(Ord. No. 2015-336, § 1, 12-1-15)

The administrative official shall have the power to seek redress in municipal court and may secure injunctions and abatement orders to further ensure compliance with this chapter. If any building and/or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or if any building and/or structure or land is used in violation of this chapter, the administrative official or any other appropriate authority or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to correct or abate such violation or to prevent occupancy of such building and/or structure or land.

(Ord. No. 2015-336, § 1, 12-1-15)

Wherever in this Code or in any of the city ordinances any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not less than $1.00 nor more than $500.00 or by imprisonment in the jail or at hard labor for a period of not exceeding six months or by both such fine and imprisonment, at the discretion of the judge trying the case. Each day any violation of this Code or any such city ordinance shall continue shall constitute a separate offense.

(a)

Responsibility. Persons charged with such violation(s) may include:

(1)

The owner, agent, lessee, tenant, contractor, or any other person using the land, building or premises where such violation has been committed or shall exist.

(2)

Any person who knowingly commits, takes part or assists in such violation.

(3)

Any person who maintains any land, building or premises in which such violation shall exist.

(b)

Written notice. Prior to any criminal prosecution, the administrative official shall give a written notice or citation to the person, firm, corporation, or organization violating any provision of this chapter stating the rule or regulation being violated and notifying the said person, firm, corporation, or organization to cease and desist such violation immediately. Otherwise, such person, firm, corporation, or organization will be prosecuted as provided herein.

(Ord. No. 2015-336, § 1, 12-1-15)