No building or structure in any district shall be erected or structurally altered without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for penalties).

1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer.

1.2 No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning commission, except upon approval of such plans approved by the said commission.

1.21 No building permit shall be issued for any building in a subdivision unless the subdivision plot has been approved by the planning commission.

1.3 No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the planning commission, unless and until such approval has been duly granted by the said commission.

(Ord. of 7-12-1993, § 3)

The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the building inspector:

a.

Occupancy and use of a building hereafter erected, structurally altered or moved, or any change in the use of an existing building;

b.

Occupancy, use or any change in the use of any land; and

c.

Any change in use of a nonconforming use.

2.1 No certificate of occupancy shall be issued for any conditional use of a building or of land requiring approval of the planning commission as specified in article 10, section 1 of this ordinance, unless and until such conditional use has been duly approved by said commission. Every certificate of occupancy for a conditional use or in conformance with a duly granted variance granted by the board of adjustment shall contain a detailed statement of such conditional use or variance and of any conditions to which the same is subject.

2.2 Application for [a] certificate of occupancy, on a form furnished by the building inspector, of a new building or for an existing building which has been altered, shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this ordinance and, in the case of a new building, shall be accompanied by an accurate survey, prepared by a licensed land surveyor, showing the location of all buildings as built. Such certificate shall be issued within ten days after receipt of said application, but only provided all requirements of this ordinance and of all other applicable codes and ordinances in effect are complied with.

2.3 If the proposed use is in conformity with the provisions of this ordinance and of all other applicable laws and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the building inspector within ten days after receipt of a written application therefore. If the certificate of occupancy is denied, the building inspector shall state the reasons therefore [therefor] in writing.

2.4 Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee as provided for in Appendix F—Fees and Fines.

2.5 Every application for a certificate of occupancy shall state that the building or the proposed use of a building or land complies with all applicable provisions of this ordinance.

2.6 A certificate of occupancy shall be required for both initial and continued occupancy and use of the building or land to which it applies, as certified.

2.7 A certificate of occupancy shall be required of all nonconforming uses.

2.71 Such certificate shall specify each condition or use not conforming with this ordinance.

2.72 Such a certificate shall expire after 12 months, unless renewed.

2.73 A new certificate shall be required if there is any change in use or ownership from that specified.

2.74 The building inspector shall renew or reissue such a certificate if inspection establishes that no provision of this ordinance has been violated.

2.8 A record of all certificates of occupancy shall be kept in the office of the building inspector and copies shall be furnished, [up]on request, to any agency of the city or to any persons having a proprietary or tenancy interest in the building or land affected.

(Ord. of 7-12-1982, § 6; Ord. of 5-11-1987; Ord. No. 2009-09, 6-22-2009)

3.1

It shall be the duty of the city planner to enforce the provisions of this ordinance and all of the rules, conditions and requirements adopted or specified pursuant thereto.

3.2

It shall be the duty of the city planner to interpret the provisions of this ordinance. Appeals of the city planner(s interpretation shall be heard by the board of adjustment in accordance of article 9.

3.3

The city planner shall maintain files, open to the public, of all applications filed, along with plans submitted therewith pursuant to this appendix.

3.4

The city planner shall maintain files, open to the public, of all complaints of violations of provisions of this of this ordinance, as well as any action taken as a result of this complaint. The names of complainants shall not be open to the public.

3.5

The city planner and his duly authorized assistants shall have the right to enter upon any land that is the subject of an application under this appendix during any reasonable hour, as necessary in the execution of the requirements of this appendix.

(Ord. of 4-28-2008(2))

Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22.

4.1

Violation of any provision or requirement of this ordinance or violation of any statement, plan, application, permit or certificate approved under the provisions of this ordinance shall be considered a misdemeanor.

4.2

The owner, general agent or contractor of a building, premises, or part thereof, where such a violation had been committed or does exist, shall be guilty of such misdemeanor.

4.3

Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall be guilty of such misdemeanor.