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Ecorse City Zoning Code

ARTICLE 12

- ADMINISTRATION, ENFORCEMENT AND VIOLATIONS

12.1.- Zoning administrator.

City council may appoint a zoning administrator and their responsibilities shall be:


12.2. - Fees.

The fees for applications, permits and other requests shall be established by resolution of the city council. Fees must be paid before any review of an application is performed or a permit is issued. Certain applications, permits and requests are subject to the City of Ecorse Escrow Policy, as defined in that policy.

12.3. - Performance guarantees.

To ensure compliance with the ordinance and any conditions imposed, the planning commission or city council may require that a cash deposit, irrevocable letter of credit, certified check, or surety bond acceptable to the city covering the estimated cost of improvements be deposited with the city clerk to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the building permit. The city shall not require the deposit of the performance guarantee until it is prepared to issue the building permit. If requested by the applicant of the site plan review, the city shall rebate any cash deposits in reasonable proportion to the ratio of work completed on the required improvements as work progresses.

12.4. - Taxes and other monies owed.

When the city receives an application for any new or amended land use permit, site plan review, special land use permit, any other application, or any request for a permit or approval required by this zoning ordinance, the applicant shall be required to present a signed statement from the city treasurer that all real and personal property taxes, fees, penalties, fines, assessments, general assessments and other monies owed to the city are current and paid up to date. The city treasurer's signed statement shall cover the accounts of all named applicants and all properties upon which the application or request is made. The city shall take no action on any application or request until the applicant or requesting party acquires the city treasurer's signed statement that all of the above monies owed are current and paid up to date. The city shall make no final decision on any application or request if any of the above monies owed become delinquent or remain unpaid during consideration.

12.5. - Public hearings.

The body charged with conducting a public hearing required by this ordinance shall, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings shall be held in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2008, as amended), and the following:


12.1.1. - Duties.

The zoning administrator, or a duly authorized representative, shall be responsible for overall administration of the zoning ordinance. The zoning administrator shall coordinate the implementation of these regulations among the city council, the planning commission, the zoning board of appeals, the building official, enforcement officials, city consultants, applicants, and the general public. These general administrative responsibilities shall include:

A.

Preparation and presentation of staffing plans to appropriate policy makers.

B.

Preparation and administration of budgetary matters regarding the implementation of these regulations.

C.

Resolution of problems occurring between applicants, staff, and the general public.

D.

Periodically report to city policy makers on the status of city's zoning and planning administration

12.5.1. - Public notice.

A.

Notice of the public hearing shall be:

1.

Posted by the city clerk at the place the hearing will be held;

2.

Published in a newspaper of general circulation in the city not less than fifteen (15) days before the date of the public hearing; and

3.

Sent by mail or personal delivery not less than fifteen (15) days before the date of the public hearing to:

a)

The applicant, owner(s) of property for which approval is being considered, all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question:

b)

All occupants of structures within three hundred (300) feet of the boundary of the property in question. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that one occupant of each unit or spatial area shall receive notice if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner, who shall post the notice at the primary entrance to the structure.

B.

The notice shall include all of the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

12.6.1. - General.

No person shall erect, alter, move or demolish a structure to the extent of more than two hundred (200) square feet of floor area or to establish a new use or change in use for any parcel, without a land use permit. The building official shall issue a land use permit if the proposed structure or use is in compliance with the provisions of this ordinance. The applicant shall furnish permits or approvals from the Wayne County Department of Public Services, Wayne County Department of Environmental Services, City of Ecorse Department Public Safety, City of Ecorse Department of Public Services Michigan Department of Transportation, Michigan Department of Environment, Great Lakes, and Energy, and Michigan Department of Natural Resources, if required, before the building official may issue a permit. A copy of each land use permit will be retained by the building official as a part of the permanent records of the city. The building official shall promptly inform the applicant of the denial of a land use permit if the proposed structure or use does not comply with the provisions of this ordinance. Issuance of a land use permit, or approval of a site plan for a permitted use or special land use permit does not waive the requirements to comply with all applicable local, state and federal codes and statutes, including, but not limited to State Construction Code, Electrical Code, Property Maintenance Code, Mechanical Code, and Fire Prevention Code.

12.6.2. - Application.

Unless a site plan application is required by this ordinance, each application for a land use permit shall include the following minimum requirements:

A.

Plot plan. Drawn to scale illustrating:

1.

The actual shape, location, and dimensions of the lot.

2.

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

3.

The existing and intended use of the lot and of all such structures upon it, including residential areas and the number of dwelling units that the building is intended to accommodate.

4.

Such other information concerning the lot or adjoining lots as may be essential to determining that the provisions of this ordinance are being observed.

B.

Property boundaries. In cases where property boundaries are not clearly indicated by corner markers or other means, the building official may require, at the applicant's expense, the property to be located by a registered surveyor. In cases on properties located along a stream or shoreline, if there is any question of the location of the ordinary high water mark, the building official may also require this level to be set and marked by a registered surveyor.

C.

Evidence of ownership. All applications for land use permits under the provisions of this ordinance shall include the land owner's signature authorizing the application for the permit and be accompanied with proof of ownership of all property affected by the coverage of the permit. Proof of ownership shall be established by one of the following means: Current title policy, or commitment, abstract or attorney's opinion of title, or such other evidence of ownership as the building official determines acceptable.

D.

Supporting documentation. In the event the building official feels additional information is required before determining the suitability of an application for a land use permit, the building official may request that the applicant submit such additional information as surveys, deed descriptions, soil suitability tests, surface water disposal surveys, erosion control surveys, excavation disposal plans, easements, and permits from other governmental agencies.

12.6.3. - Voiding permit.

Any permit granted under this section shall become null and void after one year from the date of granting such permit unless the development proposed shall have passed its first construction code inspection. The applicant shall have the option of extending the permit by a maximum of six (6) months upon written notice to the building official. Said notice shall be filed no later than five (5) working days following the expiration of the permit. If a land use permit expires, the applicant will have to reapply as a new application.

12.6.4. - Inspection.

The developer of the property is solely responsible for meeting the conditions and terms of the land use permit and this ordinance.

12.7.1. - Penalties.

Any person who shall violate any provision of this ordinance in any particular, or who fails to comply with any of the regulatory measures or conditions of the zoning board of appeals adopted pursuant hereto, shall, upon conviction thereof, be fined not to exceed two hundred dollars ($200.00) or may be imprisoned not to exceed ninety (90) days, or may be both fined and imprisoned in the discretion of the court, and each day such violation continues shall be deemed a separate offense.

12.7.2. - Nuisance per se.

Any land, dwellings, buildings, or structures; including tents and trailer coaches, used, erected, altered, razed or converted in violation of this ordinance or in violation of any regulations, conditions, permits or other rights granted; adopted or issued pursuant to this ordinance are hereby declared to be a nuisance per se.

12.7.3. - Municipal civil infraction.

Any person, partnership, corporation, or association who creates or maintains a nuisance per se as defined above or who violates or fails to comply with any provision of this ordinance, or any permit issued pursuant to this ordinance shall be responsible for a municipal civil infraction. Every day that such violation continues shall constitute a separate and distinct offense under the provisions of this ordinance. Nothing in this section shall exempt the offender from compliance with the provisions of this ordinance.

12.7.4. - Building official.

The building official is hereby designated as the authorized city official to issue municipal civil infraction citations directing alleged violators of this ordinance to appear in court.

12.7.5. - Nuisance abatement.

In addition to enforcing this ordinance as a municipal civil infraction the city may initiate proceedings in the circuit court to abate or eliminate the nuisance per se or any other violation of this ordinance.