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Georgetown City Zoning Code

Chapter 15

ENFORCEMENT

Sec. 15.01.010. - General.

A.

Except as otherwise provided elsewhere in this Code or in this Chapter, the Director or designee shall administer and enforce the provisions of this Code, including the receiving of applications, the inspection of premises, and the issuing of building permits and certificates of occupancy.

B.

The Building Official or designee shall have the power to issue, suspend or revoke building permits, certificates of occupancy, sign permits, floodplain permits, or development permits.

C.

The City's Code Enforcement Officers shall also have the authority to enforce the provisions of this Code and all currently adopted City Codes or other building or construction codes.

Sec. 15.02.010. - General.

A.

No person may use, occupy or develop land, buildings or other structures or authorize or permit the use, occupancy or development of land, buildings or other structures under the control of the person except in accordance with all applicable provisions of this Code. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on or in that land, building, sign, or structure.

B.

The owner of any building or land or part thereof, where anything in violation of this Code is placed or used, and any architect, builder, contractor, agent or any other person employed in connection therewith, who may have assisted or contributed to the commission of any such violation, shall each be deemed guilty of a violation of this Code.

C.

The Building Official shall not issue a building permit or certificate of occupancy required by this Code for any land located within the jurisdiction of the City to which this Code applies, until and unless there is full compliance with this Code and all other ordinances of the City.

D.

Permits presuming to give authority to violate or cancel the provisions of this Code or other City ordinances shall not be valid. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code if the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information or in violation of any ordinance, regulation, or provision of this Code. Appeals related to the decision of the Building Official can be made in accordance with Section 3.14 of this Code.

E.

The City shall not connect City water, sewer, or electricity to any property to which the provisions of this Code apply, unless and until there is compliance with the provisions of this Code.

Sec. 15.02.020. - Certificates of Occupancy.

A.

No person shall proceed with the erection or construction of any building or structure, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure or cause the same to be done in any zoning district in the city limits without first applying for and obtaining a building permit therefore from the Building Official. All applications for such permits shall be in accordance with the requirements of this chapter and the City's adopted building code unless upon written order of the Zoning Board of Adjustment. No such building permit or Certificate of Occupancy shall be issued for any building where such construction, addition, alteration or use thereof would be in violation of any of the provisions of this chapter.

B.

No building or structure hereafter erected or structurally altered shall be used, occupied or changed in use until a Certificate of Occupancy shall have been issued by the Building Official stating that the building or structure and/or proposed use thereof complies with the provisions of this Code and all other applicable ordinances and codes of the City, including payment of fees, fines, and penalties and final resolution of any outstanding complaints.

C.

No nonconforming use or structure shall be renewed, changed, or extended without a Certificate of Occupancy having first been issued by the Building Official.

D.

The Building Official shall maintain a record of all Certificates of Occupancy. A Certificate of Occupancy shall be considered evidence of the legal existence of a legal use or a legal nonconforming use, as contrasted to an illegal use and violation of this chapter.

E.

No permanent water, sewer, electrical, or gas utility connections shall be made to the land, building or structure until and after a Certificate of Occupancy has been issued by the Building Official.

F.

The Building Official may issue a temporary Certificate of Occupancy for the temporary use and occupancy of all of a building or a portion of a building prior to the completion and occupancy of the building, provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such temporary Certificate may be issued for a period not exceeding six months. Such temporary Certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners relating to the use or occupancy of the premises or in any other matter covered by this chapter, and such temporary Certificate shall not be issued except under such restrictions and provisions.

G.

The Building Official may issue a conditional Certificate of Occupancy for the conditional use and occupancy of all of a building or a portion of a building prior to the final completion of all site improvements to the property as provided for in this Code, provided such conditional occupancy or use will not in any way or manner jeopardize life or property. Such conditional Certificate may be issued for a period not exceeding 12 months and requires the posting of a bond for any or all outstanding site improvements. Such conditional Certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners relating to the use or occupancy of the premises or in any other matter covered by this chapter, and such temporary Certificate shall not be issued except under such restrictions and provisions.

H.

Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances.

Sec. 15.02.030. - Demolition by Neglect.

A.

Upon identification of any property in possible violation of Section 4.08.060 of this Code, the Building Official shall notify the property owner or person with interest in the real property, of the possible violation. Such notification shall be in writing and be mailed by certified mail, return receipt requested. The notification shall state the nature of the possible violation with sufficient specificity to enable the owner or person with an interest in the real property to bring the property into compliance with this Section. The notification shall also state that the owner or person with an interest in the real property shall have 90 days to bring the property into compliance with this Code.

B.

The Building Official and Historic Preservation Officer will work with the property owner to develop a rehabilitation plan. Upon completion of the 90-day grace period, the Building Official and Historic Preservation Officer will reinspect the property to determine compliance with this Code. Should the property owner or person with an interest in the real property fail to bring the property into compliance with the 90-day grace period, the City shall seek enforcement of this Code under Section 15.03 of this Code and any applicable provisions of the Georgetown Municipal Code.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015)

Sec. 15.03.010. - Stop Work Orders.

A.

Whenever any building or site development work is being done contrary to the provisions of this Code, the Building Official or designee may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or on any person engaged in the doing or causing of such work to be done. Such person shall forthwith stop and cause to be stopped such work until authorized by the Building Official or designee to recommence and proceed with the work or upon issuance of a building permit in those cases in which the building permit has been revoked. Such stop work order and revocation of permit shall be posted on work being done in violation of this Code.

B.

Whenever any building or portion thereof is being used or occupied contrary to the provisions of this Code, the Building Official or designee or the Community Development Director or designee may order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued. Such person shall vacate such building or portion thereof within ten days after receipt of such notice or make the building or portion thereof comply with the requirements of this Code.

C.

Whenever a posted stop work order due to a violation of any provisions of this Code is removed, penalties shall be enforced pursuant to Section 15.03.020.

Sec. 15.03.020. - Notice of Intent to Suspend or Revoke.

A.

Before suspension or revocation pursuant to this division, the Building Official may give notice of intent to suspend or revoke, which notice may specify a reasonable time for compliance with this Code.

B.

If notice of intent is given, suspension or revocation shall not occur before the time for compliance has expired.

C.

The Building Official shall not be required to provide notice of intent to suspend or revoke for violations of this Code that cause imminent destruction of property or injury to persons.

Sec. 15.03.030. - Penalties.

A.

Any person or other legal entity who shall violate any of the provisions of this Code or who shall fail to comply with any provisions hereof within the corporate limits of the City or the extraterritorial jurisdiction of the City, outside the corporate limits shall be guilty of a misdemeanor and upon conviction shall be fined with the maximum fine in the amount of $2,000.00 for a violation of any provision governing the public health, safety, and welfare and shall be fined with the maximum fine in the amount of $500.00 for any other violation. Each day any violation of noncompliance continues shall constitute a separate and distinct offense.

Sec. 15.03.040. - Other Remedies.

A.

The City shall have the right to withhold approval of any Certificate of Occupancy, permit, plat, or any other authorization or approval until the applicant pays all fees, fines, and penalties that have been assessed and are due and owing to the City. The withholding of the Certificate of Occupancy shall carry forward with the land to any future assessors and assigns until all penalties have been addressed.

B.

Unless otherwise prohibited by law, the City may disconnect utility services for violations of this Code.

C.

The penalties and other remedies set forth herein shall be cumulative of other remedies provided by State law and the power of injunction may be exercised in enforcing this Code whether or not there has been a criminal complaint filed.