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Elk Horn City Zoning Code

ARTICLE XXI

ADMINISTRATION, ENFORCEMENT, AND LEGAL STATUS PROVISION

21.1 ADMINISTRATION AND ENFORCEMENT.

A Building Official designated by the City shall administer and enforce this ordinance. He/she may be provided with the assistance of such other persons as the City Council may direct.

If the Building Official finds that any of the provisions of this ordinance are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions.

Effective on: 1/1/1901

21.2 APPEALS OF THE DECISION OF THE BUILDING OFFICIAL.

Appeals of any decision of the Building Official may be taken to the Board of Adjustment as provided in ARTICLE XX of this ordinance.

Effective on: 1/1/1901

21.3 VIOLATION AND PENALTIES.

Any person, firm or corporation who shall violate or fail to comply with the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days. Each day such violation continues shall constitute a separate offense.

Effective on: 1/1/1901

21.4 SEPARATE OFFENSES MAY BE CHARGED.

The owners or tenant of any building, structure, land or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may each be charged with a separate offense and upon conviction suffer the penalties herein provided.

Effective on: 1/1/1901

21.5 INJUNCTION, MANDAMUS.

Nothing herein contained shall prevent the City from taking other lawful action as is necessary to prevent or remedy any violation.

Effective on: 1/1/1901

21.6 BUILDING PERMIT.

Subsequent to the adoption of this ordinance a building permit shall be obtained from the Building Official before any building or structure shall be erected, reconstructed, or structurally altered to increase the exterior dimensions, height, floor area, number of dwelling units or to accommodate a change in use of the building and/or premises or part thereof. The building permit shall state that the proposed construction complies with all provisions of this ordinance, and no subsequent modifications shall be made to plans or to actual construction that would be in violation of this ordinance.

Effective on: 1/1/1901

21.7 OCCUPANCY COMPLIANCE CERTIFICATE.

Subsequent to the effective date of this ordinance, no change in the use or occupancy of land nor any change in use or occupancy of an existing building, other than for single-family dwelling purposes shall be made, nor shall any new building be occupied for any purpose other than a single-family dwelling until an Occupancy Compliance Certificate has been issued by the Building Official. Every Occupancy Compliance Certificate shall state that the new occupancy complies with all provisions of this ordinance and no subsequent modifications shall be made to the occupancy, use, or method of operation that would be in violation of this ordinance.

Effective on: 1/1/1901

21.8 APPLICATION FOR PERMITS AND CERTIFICATES.

Applications for building permits and occupancy compliance certificates shall be made prior to beginning construction or assuming occupancy on fully completed application forms obtained from the Building Official accompanied by such plans and information necessary to determine that the proposed construction or occupancy complies with all applicable provisions of this ordinance. The Building Official shall within seven (7) days thereof, approve or deny said applications. If denied, the Building Official shall submit his reasons thereof in writing to the applicant.

Effective on: 1/1/1901

21.9 EXPIRATION OF BUILDING PERMIT.

If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire and shall be canceled by the Building Official; written notice thereof shall be given to the persons affected. However, upon request, the Building Official may extend this deadline for just cause shown by the applicant. If the work described in any building permit has not been substantially completed within eighteen (18) months of the date of issuance thereof, said permit shall expire and shall be canceled by the Building Official, a written notice thereof 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 building permit has been obtained.

Effective on: 1/1/1901

21.10 OTHER LEGAL REMEDIES.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, the City Attorney, in addition to other remedies, shall institute any proper action or proceedings in the name of Elk Horn, Iowa, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, o to prevent any illegal act, conduct, business or use in or about said premises.

Effective on: 1/1/1901

21.11 REVIEW OF ORDINANCE.

The provisions of this ordinance shall be subject to review by the Commission at least once every five (5) years. After such review, the recommendation and suggestions of the Commission shall be forwarded to the City Council for appropriate action.

Effective on: 1/1/1901

21.12 FORCE AND EFFECT.

This ordinance shall be in full force and effect from and after its final passage, approval, and publication as provided by law.

Effective on: 1/1/1901

21.13 CERTIFICATE OF OCCUPANCY, RECORD.

A public record of all certificates of occupancy shall be kept on file in the office of the City Clerk and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or ground. No fee shall be charged for an original certificate applied for coincident with the application of a building permit; for all other certificates or for copies of an original certificate there shall be a charge of one (1) dollar each.

Effective on: 1/1/1901