Edon City Zoning Code
CHAPTER 1193
Enforcement
1193.01 GENERAL.
This chapter stipulates the procedures to be followed in obtaining permits, certificates, and other legal or administrative approvals under this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1193.02 ZONING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a zoning permit or certificate of occupancy, therefore, issued by the Zoning Inspector. Permits shall be issued only in conformity with the provisions of this Ordinance unless the Zoning Inspector receives a written order from the Planning and Zoning Commission deciding an appeal, conditional use, or variance as provided by this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1193.03 CONTENTS OF APPLICATIONS FOR ZONING PERMIT.
The application for zoning permit shall be made in writing and be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within two and one-half (2½) years. At a minimum, the application shall contain the following information and be accompanied by all required fees:
(a) Name, address, and phone number of applicant.
(b) Legal description of property.
(c) Existing use.
(d) Proposed use.
(e) Zoning district.
(f) Plans, in triplicate, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration.
(g) Building heights.
(h) Number of off-street parking spaces or loading berths and their layout.
(i) Location and design of access drives.
(j) Number of dwelling units.
(k) If applicable, application for a sign permit or a conditional, special, or temporary use permit, unless previously submitted.
(l) Such other documentation as may be necessary to determine conformance with and to provide for the enforcement of this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1193.04 APPROVAL OF ZONING PERMIT.
Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Inspector after the Zoning Inspector has marked such copy, either as approved, or disapproved, and attested to same copy of plans, similarly marked, shall be a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provisions of this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1193.05 EXPIRATION OF ZONING PERMIT.
If the work described in any zoning permit has not begun within one year from the date of issuance, thereof, said permit shall expire. It shall be revoked by the Zoning Inspector, and written notice shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within one year of the date of issuance, thereof, said permit shall expire and be revoked by the Zoning Inspector. A written notice shall be given to the persons affected, together with notice that further work, as described in the canceled permit, shall not proceed unless and until a new zoning permit has been obtained or an extension granted.
(Ord. 05-08. Passed 4-10-08.)
1193.06 CERTIFICATE OF OCCUPANCY.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy has been issued by the Zoning Inspector stating that the proposed use for the building or land conforms to the requirements of this Ordinance. The issuance of a use certificate in no way relieves the recipient from compliance with all requirements of this Ordinance and other regulations.
(Ord. 05-08. Passed 4-10-08.)
1193.07 TEMPORARY CERTIFICATE OF OCCUPANCY.
A temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.
(Ord. 05-08. Passed 4-10-08.)
1193.08 RECORD OF ZONING PERMITS AND CERTIFICATES OF OCCUPANCY.
The Zoning Inspector shall maintain a record of all zoning permits and certificates of occupancy, and copies shall be furnished, upon request and upon payment of the established fee, to any person.
(Ord. 05-08. Passed 4-10-08.)
1193.09 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY.
Failure to obtain a zoning permit or certificate of occupancy shall be a punishable violation of this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1193.10 CONSTRUCTION AND USE AS PROVIDED IN APPLICATIONS, PLANS, AND PERMITS.
Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereof and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1193.11 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, a person may file with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate it, and take action, thereon, as provided by this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1193.12 ENTRY AND INSPECTION OF PROPERTY.
The Zoning Inspector is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Ordinance. Prior to seeking entry to any property or structure for such examination or survey, the Zoning Inspector shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Inspector shall request the assistance of the Law Director in securing a valid search warrant prior to entry.
(Ord. 05-08. Passed 4-10-08.)
1193.13 STOP WORK ORDER.
Subsequent to his determination that work is being done contrary to this Ordinance, the Zoning Inspector shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Inspector, shall constitute a punishable violation of this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1193.14 ZONING PERMIT REVOCATION.
The Zoning Inspector may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Ordinance or based upon false information or misrepresentation in the application.
(Ord. 05-08. Passed 4-10-08.)
1193.15 NOTICE OF VIOLATION.
(a) Whenever the Zoning Inspector or his agent determines that there is a violation of any provision of this Ordinance, a warning tag shall be issued and shall serve as a notice of violation. Such order shall:
(1) Include a statement of the reasons why it is being issued and refer to the sections of this Ordinance being violated.
(2) State the time by which the violation shall be corrected.
(b) Service of notice of violation shall be by one of the following methods:
(1) By personal delivery to the person or persons responsible or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion.
(2) By certified mail, deposited in the United States Post Office, addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Zoning Inspector. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(Ord. 05-08. Passed 4-10-08.)
1193.16 TICKETING PROCEDURE.
If, upon re-inspection following the issuance of a notice of violation, the condition has not been corrected, the person or persons responsible shall be issued a ticket. Such ticket shall:
(a) Be served personally.
(b) Be in writing.
(c) Identify the violation.
(d) State the time, date, and place for appearance in court.
(e) State the amount of the fine payable in lieu of a court appearance.
If the ticket cannot be served personally, the Zoning Inspector shall request that a summons be issued by the court.
(Ord. 05-08. Passed 4-10-08.)
1193.17 PENALTIES AND FINES.
It shall be unlawful to erect, establish, locate construct, reconstruct, enlarge, change, convert, move, repair, maintain, or structurally alter any building, structure, or land in violation of any provision of this Ordinance or any amendment, thereto. Any person, firm, or corporation who Violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties, herein provided.
(Ord. 05-08. Passed 4-10-08.)
1193.18 ADDITIONAL REMEDIES.
Nothing in this Ordinance shall be deemed to abolish, impair, or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Ordinance, or in the case of an imminent threat of such a violation, the Zoning Inspector, the Prosecuting Attorney, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourse provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
(Ord. 05-08. Passed 4-10-08.)