The provisions of this ordinance shall be administered and enforced by the administrative official designated by the director of planning ("zoning administrator"). The zoning administrator may be provided with the assistance of such other persons as the director of planning may direct. Employees of other city departments including the engineering and inspection departments as well as license inspectors with the clerk-treasurer's office and members of the police and fire departments may also assist in the enforcement of this ordinance by reporting to the zoning administrator new construction, reconstruction or new land uses and apparent violations of this ordinance. In addition, police officers shall have the power to enforce this ordinance in accordance with section 2-2 of the Code of Ordinances.

The zoning administrator and those designated to assist said administrator shall, in accordance with any applicable law, have the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out their duties in the enforcement of this ordinance. In those instances where the zoning administrator and those designated to assist said administrator are performing responsibilities relative to the review and approval of permitting, certification and licensure, as hereinafter set forth, tacit permission to enter upon any premises at any reasonable time for said purpose(s) shall accompany the application for such permitting, certification or licensure.

If the zoning administrator shall find that any of the provisions of this ordinance are being violated, he shall take any action authorized by this ordinance to insure compliance with or to prevent violation of its provisions, including issuance by him or any inspector under his supervision of a citation to appear in municipal court in accordance with ordinances of the city authorizing same, or he may make affidavit under oath before a duly authorized magistrate seeking a warrant for the arrest of the violator.

In addition to any other duties ascribed to him by this ordinance, the zoning administrator shall have the duty to maintain files and records relative to the administration of this ordinance, act as clerk to the board of adjustment, make examination as necessary to determine compliance with the provisions of this ordinance, investigate complaints of zoning violations, and initiate enforcement action against persons committing violations. The zoning administrator shall administer this ordinance in accordance with its literal terms, and shall not have the power to permit any construction or use or any change of use which does not conform to this ordinance.

Issuance, or the approval of issuance, of permitting, certification or licensure, as hereinafter set forth, shall in no case be construed as waiving any provision of this ordinance, unless otherwise waived according to Article 92 hereof.

(Ord. No. 07-460, § 10, 6-28-2007)

A building permit shall not be issued until such time as the zoning administrator has determined that the proposed activity for which a building permit is required conforms to the provisions of this ordinance. To this end, the zoning administrator is authorized to require that every application for a building permit for excavation, construction, use of land, moving, alteration, or such other regulated activity be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the zoning administrator to ascertain whether or not the proposed excavation, construction, use of land, moving, alteration, or such other regulated activity is in conformance with this ordinance:

(1)

The actual shape, proportion, and dimensions of the lot to be built upon.

(2)

The shape, size, and locations of all buildings or other structures to be erected, altered, or moved and of any buildings or other structures already on the lot.

(3)

The existing and intended use of all such buildings or other structures.

(4)

The setback and side lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining whether or not the provisions of this ordinance are being observed.

If the proposed excavation, construction, use of land, moving, alteration, or such other regulated activity as set forth in the application is in conformity with the provisions of this ordinance, the zoning administrator shall give his approval for the issuance of a building permit accordingly. If the zoning administrator does not approve the issuance of a building permit, he shall state in writing the cause for such disapproval.

It shall be a violation of this ordinance to conduct any activity for which a building permit is required unless and until the Zoning Administrator has given his approval therefor.

(Ord. No. 07-460, § 10, 6-28-2007)

A certificate of occupancy shall not be issued until such time as the zoning administrator has determined that the proposed activity for which a certificate of occupancy is required conforms to the provisions of this ordinance. To this end, the zoning administrator is authorized to require any information he deems relevant for such determination and to make inspection as necessary.

Within three days after an owner or his agent has notified the zoning administrator that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the zoning administrator to make a final inspection thereof or to otherwise determine compliance with this ordinance, and to approve the issuance of a certificate of occupancy if the building and premises are found to conform with the provisions of this ordinance; or, if such certificate is refused, to state the refusal in writing with the cause.

It shall be a violation of this ordinance to conduct any activity for which a certificate of occupancy is required unless and until the zoning administrator has given his approval therefor.

(Ord. No. 07-460, § 10, 6-28-2007)

No privilege license shall be issued or transferred until such time as the zoning administrator shall have confirmed to the city clerk-treasurer that the proposed trade, business, occupation, vocation or profession at the location or place of business is in conformance with this ordinance. The zoning administrator may conduct an investigation into the proposed activity and to that end may require an applicant for a privilege license to provide information the zoning administrator deems relevant to his determination.

If the proposed activity is found to be in conformance with this ordinance, the zoning administrator shall approve the issuance of a privilege license accordingly; or, in the case of disapproval, the zoning administrator shall state the refusal in writing with the cause.

It shall be a violation of this ordinance to conduct any trade, business, occupation, vocation or profession activity for which the issuance or transfer of a privilege license is required unless and until the zoning administrator has given his approval therefor.

(Ord. No. 07-460, § 10, 6-28-2007)

Any activity or conduct regulated by this ordinance which does not otherwise require the approval of the issuance of a building permit, certificate of occupancy or privilege license, as the case may be, shall nevertheless be subject to the provisions of this ordinance and the enforcement thereof.

Sign permits shall be regulated in accordance with article 72 of this chapter.

(Ord. No. 07-460, § 10, 6-28-2007)

Any person, firm, or corporation violating any of the provisions of this ordinance shall, upon conviction, be fined not more than $500.00 plus costs of court, for each offense to which may be added, in the discretion of the judge of the court trying the case, confinement in the city jail for a period not exceeding six months. Each day such violation continues shall constitute a separate offense.

(Ord. No. 07-460, § 10, 6-28-2007)

State Law reference— Penalties for ordinance violations, Code of Ala. 1975, § 11-45-9.