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Leroy Township City Zoning Code

ARTICLE XXV

ADMINISTRATION AND ENFORCEMENT

Sec. 38-760.- Purpose.

It is the purpose of this article to provide the procedures for the administration of this chapter, issuance of permits, inspection of properties, collection of fees, handling of violators and enforcement of the provisions of this chapter and amendments thereto.

Sec. 38-761. - Administration.

(a)

The provisions of this article shall be administered by the township planning commission and the township board in accordance with the Michigan planning enabling act, Public Act No. 33 of 2008 (MCL 125.3801 et seq.), and the Michigan zoning enabling act, Public Act No. 206 of 110 (MCL 125.3101 et seq.).

(Ord. of 2-2008)

(b)

The township board shall designate a zoning administrator to act as its officer to effect proper administration of this chapter (MCL 125.3407). The individual selected, the terms of employment (if any), and the rate of compensation (if any), shall be established by the township board. For the purpose of this article, the zoning administrator shall have the powers of a police officer.

(Ord. of 2-2008)

(c)

In the absence of the zoning administrator, the township supervisor, or other township officer as designated by the township board, shall assume all the powers and duties of the zoning administrator.

Sec. 38-762. - Duties of the zoning administrator.

(a)

The zoning administrator shall review all applications for building permits, shall approve or disapprove such applications based on compliance with the provisions of this article if the use and the requirements of this chapter are met.

(b)

The zoning structure, review will be completed within 15 business days based on compliance with the provisions of the state construction code.

(c)

Conduct necessary inspections as specified in section 38-769.

(d)

The building inspector shall prepare and submit to the township board and planning commission a written record of all building permits issued during each month. The record shall state the owner's name, location of property, intended use and estimated cost of construction for each permit. The building inspector shall maintain and post monthly a list in the township hall of all building permits issued.

(e)

Maintain, at the township office, written records of all actions taken by the building inspector.

Sec. 38-763. - Zoning permits; and compliance required.

Zoning review and approval must be obtained before any work, excavations, erection, placement, alteration or movement whether or not a building permit is required. Satisfactory evidence of ownership of the lot or premises may be required by the zoning administrator and shall be furnished upon request. If the work proposed requires a building permit, the zoning administrator shall so mark the application with his signature and file with the building department clerk.

Sec. 38-764. - Building permit application.

(a)

Contents of the application. Each application shall include such reasonable information as may be requested by the zoning administrator and building inspector in order to determine compliance with the terms and provisions of this chapter and the single state construction code. The application will include, as a minimum, the following information:

(1)

The location and actual dimensions of the lot or premises to which the permit is to apply;

(2)

The kind of buildings or structures to which the permit is to apply;

(3)

The location of all buildings or structures upon the lot;

(4)

The type of use to be made of the building or structure to which the permit is to apply;

(5)

The estimated cost of the building or structure.

The zoning administrator, in his discretion, may waive the inclusion of any of the foregoing information in an application if he shall determine that such information is not reasonably necessary for him to determine compliance with the terms and provisions of this chapter.

(b)

Planning commission approval. When the terms and provisions of this chapter require authorization by the planning commission as a conditional use, a formal statement of action and a copy of the minutes will be provided to the township clerk.

(c)

Review of building permit application. Within five days after receipt of the application, the zoning administrator shall either:

(1)

Mark the application approved, if the proposed work is in conformance with the terms and provisions of this chapter; or

(2)

Deny zoning approval with the reason or causes for such denial in writing upon the application and forwarded to the building inspector.

Sec. 38-765. - Duties of the building inspector.

(a)

The building inspector shall review all applications for building permits and approve or disapprove such applications within ten business days except in case of an unusually complicated building or permit.

(b)

The building inspector shall make every effort to notify the holder of a permit that is liable for voiding action before voidance is actually declared.

(c)

The building inspector may suspend or revoke a permit issued in error or on a basis of incorrect information supplied by the applicant or his agent or in violation of any of the ordinances or regulations of the township.

Sec. 38-766. - Building permit.

(a)

Building permit requirements. A building permit is required for and shall be obtained after the effective date of the ordinance from which this chapter is derived from the office of the building inspector or his agent by the owner or his agent for the following conditions:

(1)

The construction, enlargement, alteration or moving of any dwelling, building, or structure or any part thereof, being used or to be used for residential, commercial or industrial purposes.

(2)

Accessory buildings 200 square feet or more.

(3)

Repairs or alterations which change the use, occupancy, area, structural strength, fire hazard, fire protection or exits.

(b)

Issuance of permit. If the information shown on the application is in compliance with the requirements and provisions of this chapter, the building inspector shall issue a building permit upon payment of the required building permit fee.

Sec. 38-767. - Fees, charges and expenses.

The township board shall establish a schedule of fees, charges and expenses, and a collection procedure for building permits. The schedule of fees will be posted in the office of the township clerk, and may be altered or amended only by the township board. No permit will be issued until such costs, charges, fees or expenses listed have been paid in full.

Sec. 38-768. - Voiding of permit.

(a)

Any building permit granted under this section shall be null and void unless the development proposed shall have its first inspection within 90 days from the date of the granting. The administrator shall receive from the township clerk all applications related to the administration of this chapter; shall prepare maps, charts, and other pictorial materials when necessary or desirable; shall otherwise process applications so as to formulate recommendations; and shall notify the applicant, in writing, of any decision of the zoning board of appeals.

(b)

The zoning administrator shall be responsible for updating the township zoning map and for keeping it current.

(c)

The zoning administrator shall maintain at the township office written records of all actions taken by the zoning administrator.

(d)

The zoning administrator shall be responsible for providing forms necessary for the various applications to the planning commission, township board, or zoning board of appeals as required by this chapter and will be responsible for what information is necessary on such forms for the effective administration of this chapter, subject to the general policies of the township board, planning commission and zoning board of appeals.

Sec. 38-769. - Inspection of buildings and structures.

(a)

As work progresses under a permit, the holder thereof or his authorized agent shall cause the building inspector to be notified at the following stages of construction:

(1)

Prior to pouring of the footing and foundation walls.

(2)

Upon completion of the rough frame of the building or structure and after mechanical, plumbing and electrical rough inspections are completed.

(3)

Upon total completion of the work authorized by the permit and before occupancy.

(b)

Should the building permit holder fail to comply with the requirements of the building inspector at any inspection stage, the building inspector shall make report in writing of such failure to the township clerk. The building inspector shall cause notice of such permit cancellation to be securely and conspicuously posted upon or affixed to the construction not conforming to the ordinance requirements and such posting shall be considered as service upon and notice to the permit holder of cancellation thereof; and no further work upon said construction shall be undertaken or permitted until such time as the requirements of this chapter have been met.

(c)

Failure of the permit holder to make proper notification of the time for inspection shall automatically cancel the permit, requiring issuance of a new permit before construction may proceed.

Sec. 38-770. - Expiration of permits.

A permit for any building or structure for which all construction work has not been completed within one year from the date of its issuance shall expire automatically; a permit expiring automatically pursuant to this subsection shall, upon reapplication, be renewable once for additional term of 180 days, upon payment of one-half of the original permit fee. A minimum reissue fee shall be determined by the township board.

Sec. 38-771. - Violations; nuisance per se.

Nuisance per se, except as otherwise provided by law, is a use of land or a dwelling, building or structure, including a tent or recreational vehicle, used, erected, altered, razed or converted in violation of this chapter or any regulation adopted under Public Act No. 110 of 2006 (MCL 125.3101 et seq.) as a nuisance per se. A court having jurisdiction shall order the nuisance abated, and the owner or agent in charge of the dwelling, building, structure, tent or recreational vehicle, or land is liable for maintaining a nuisance per se.

(Ord. of 2-2008)

State Law reference— Similar provisions, MCL 125.3407.

Sec. 38-772. - Penalties.

Any person or the agent in charge of such building or land who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any provision of this chapter or any amendment thereof, is responsible for a Class D municipal civil infraction and shall be subject to civil fines provided in section 20-27. Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. The township board, the township planning commission, the township building inspector, the board of appeals, the attorney of the township or any owner or owners of real estate with the district in which such building, structure or land is situated may institute injunction, mandamus, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate or remove any said unlawful erection, construction, maintenance or use. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.