The purpose of this article is to provide for the administration and enforcement of this chapter, to provide a schedule of fees and to provide for penalties for violation.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The provisions of this chapter shall be administered and enforced by the building inspector of the city, his designee, or by any other person designated by the mayor and/or the city council. This official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or lands necessary to carry out his duties in the enforcement of this chapter.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

It shall be unlawful for any owner or authorized agent who intends to commence the excavation for or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices, or to commence the moving, alteration or repair (except repairs not changing the character of the structure and not exceeding $500.00 in cost, or interior painting) of any structure, including accessory structures, until the enforcing officer of the city has issued for such work a building permit including a statement that the plans, specifications and intended use of such structure in all respects conform with the provisions of this chapter. Application for a building permit shall be made to the enforcing officer of the city on forms provided for that purpose. All building permits are good for the continuous performance of the work named thereon. Building permits expire when work ceases for a period of 90 days, unless written approval is secured from the enforcing officer. However, in any case, it shall expire in six months because of the abandonment of work.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

It shall be unlawful for the enforcing officer of the city to approve any plans or issue a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter and other applicable codes. To this end, the enforcing officer of the city shall require that every application for a building permit for excavation, construction, use of land, moving or alteration be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the enforcing officer of the city to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformance with this chapter and other applicable codes. In addition, the enforcing officer may rely on other city staff to review the plans for approval. At minimum the plans must include the following:

(1)

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

(2)

The shape, size and location 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 setbacks for the lot to be built on, the side lines of any buildings on adjoining lots, and such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(5)

The best management practices (BMP) for addressing sediment and erosion control as set forth in the city's stormwater management program (SWMP).

(6)

The water supply and sewage disposal systems that meet the requirements of the Jacksonville Water Works, Gas and Sewer Board and the Alabama Department of Public Health.

(b)

If the proposed excavation, construction, moving or alteration, as set forth in the application, is in conformity with the provisions of this chapter, the enforcing officer of the city shall issue a building permit accordingly. If an application for a building permit is not approved, the enforcing officer of the city shall state in writing on the application the cause for such disapproval. Issuance of a building permit shall, in no case, be construed as waiving any provision of this chapter or other applicable codes.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

No land, building, other structure or part thereof hereafter erected, moved or altered in its use shall be used until the enforcing officer of the city shall have issued a certificate of occupancy or other document stating that such land, building, other structure or part thereof is found to be in conformity with all applicable codes adopted by the city.

(b)

Within three days after the owner or owner's agent has notified the enforcing officer of the city that their land, building, other structure or part thereof is ready for occupancy or use, it shall be the duty of the enforcing officer of the city to make a final inspection thereof, and to issue a certificate of occupancy or other document if the land, building, other structure or part thereof is found to conform with all applicable codes adopted by the city. If the issuance of a certificate of occupancy or other document is refused, the enforcing officer shall state the refusal in writing with the cause.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

The city council shall establish a schedule of fees and charges, and a collection procedure, for building permits, sign permits, appeals, amendments and other matters pertaining to the provisions of this chapter. This schedule of fees and charges, when established, shall be posted in the office of the enforcing officer, and may be altered or amended only by the city council, provided however that such fees and charges, shall not be levied against any department or agency of the city.

(b)

No permit, certificate, special exception, or variance shall be issued or granted unless and until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proposed amendments or on proceedings before the planning commission or board of adjustment and appeals unless and until applicable charges and fees have been paid in full.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

Temporary uses, as set forth in this section possess characteristics, which require certain controls in order to ensure compatibility with other uses in the zoning districts within which they are proposed for location.

(1)

The enforcing officer is authorized to issue a temporary use permit for certain temporary uses as follows:

a.

Carnival, circus, fair or other similar amusement activities for a period not to exceed ten days, subject to the approval of the city council.

b.

Religious meeting in a tent or other temporary structure in any zoning district, for a period of not to exceed ten days.

c.

Open lot sale of Christmas trees in any business zoning district, for a period not to exceed 45 days.

d.

Real estate sales office in any zoning district, for a period not to exceed one year, provided that such office is to be placed on the property to which it is appurtenant.

(2)

All temporary use permits may be renewed, provided that it is determined that said use is clearly of a temporary nature, will cause no traffic congestion and would not create a nuisance to surrounding uses.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The enforcing officer is authorized to issue a temporary permit for emergency housing for placement of a recreational vehicle (not a mobile home) on an individual lot in any residential zoning district, for a period not to exceed six months, to provide temporary housing in case of emergency when an existing residence has been destroyed or rendered uninhabitable by fire or natural disaster. All such temporary permits for emergency housing may be renewed, provided that it is determined that the property owner is making reasonable progress in repairing or replacing the damaged or destroyed structure.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

Any person or corporation violating any section of this chapter shall be subject to the provisions set forth in section 1-6, general penalty; continuing violations, in the city's Code of Ordinances.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the enforcing officer of the city or any other appropriate authority or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violations or to prevent occupancy of such building, structure or land.

(Ord. No. O-614-20, Exh. A, 1-13-2020)