Lewistown City Zoning Code
Subchapter XXV
Enforcement And Penalties
§ 153.440 ZONING ENFORCEMENT OFFICER.
This chapter shall be administered and enforced by the Zoning Enforcement Officer who shall be appointed by the Mayor with the advice and consent of the City Council.
(Ord. 1999-7, passed 5-25-1999)
§ 153.441 BUILDING PERMITS.
It shall be unlawful to commence the excavation or the construction of any structure until a building permit has been issued by the Zoning Enforcement Officer. Any person or persons found in violation of this provision are subject to a fine. Each day of non-compliance shall be considered a separate violation. When the Zoning Enforcement Officer is aware of a violation he shall notify the violators in writing that they must obtain a permit prior to continuing work and apply for such permit within seven days. If on the eighth day following such written notice no application has been made for a permit, or if work has been continued after filing an application but before the issuance of a permit, a fine of $5 per day shall be imposed for each day the violation continues after the eighth day. Any person or persons found to have violated this provision for a second or subsequent time within a three-year period shall be fined no less than $100 for each occurrence in addition to receiving a fine in accordance with § 153.999, up to a total maximum penalty of $750 per offense.
(Ord. 1999-7, passed 5-25-1999)
§ 153.442 ISSUANCE OF BUILDING PERMITS.
(A)
In applying to the Zoning Enforcement Officer for a building permit, the applicant shall submit a dimensional sketch or scale plan indicating the shape, size, height and location of all structures to be erected, altered, or moved and that of any existing structures on the same lot. He or she shall also state the existing and intended use of all such buildings and supply such other information that may be required by the Zoning Enforcement Officer in determining compliance under the provisions of this chapter. If the proposed excavation or construction as set forth in the application is not in compliance with the provisions of this chapter or any other ordinance of the municipality, the Zoning Enforcement Officer shall state such refusal in writing, specifying the reason, and shall immediately forward such notice of refusal to the applicant. The Zoning Enforcement officer shall grant or deny the permit within ten days from the date the application is submitted.
(B)
The issuance of a building permit shall not in any way be construed as waiving any provisions of this chapter.
(C)
A building permit shall become void 90 days after issuance unless construction on the project, as applied for, has begun. A building permit shall be valid for a period of 12 months from the date of issuance. The Zoning Enforcement Officer may issue a one time extension for each project for a period of 12 months , upon written application therefor during the first 12 month period. The right to extend shall not include the right to grant additional relief by expanding the scope of the permit.
(D)
Any civic organization, governmental body or other not-for-profit organization shall not be required to pay the first $10 of any permit fee provided all required applications for permit are filed and all applicable conditions are met for that zoning district. Any non-compliance with these regulations is subject to legal action and/or the penalties as set forth in § 153.999.
(Ord. 1999-7, passed 5-25-1999)
§ 153.443 FEES.
(A)
To partially defray the expenses of administering this chapter, a fee shall be collected by the secretary at the time of application in accordance with the following schedule:
Residential Use | |
|---|---|
$0 - 5,000 | $10 |
$ 5,000 - 10,000 | $20 |
$10,001 - 25,000 | $40 |
$25,001 - 50,000 | $80 |
$50,001 and above | $100 |
Commercial and Industrial Uses | |
|---|---|
$0 - 5,000 | $30 |
$ 5,000 - 10,000 | $50 |
$10,001 - 25,000 | $100 |
$25,001 - 50,000 | $200 |
$50,001 - 100,000 | $250 |
$100,000 and above | $3 per 1,000 |
(B)
Sign fees. The fee for a permit to construction or erect any sign shall be $5.
(C)
Hearing fees. Fees for all hearings before the Board of Appeals shall be $15 administration fee plus a publishing fee based on the actual cost of publishing the Public Notice. The applicant shall deposit with the Secretary of the Board, the administration fee at the same time as the application. The Secretary shall notify the applicant as soon as possible as to the publishing fee, which must be paid in full before the hearing is held.
(Ord. 1999-7, passed 5-25-1999)
§ 153.444 CERTIFICATE OF OCCUPANCY.
No land, building or structure, or part thereof hereafter altered or erected in its use shall be used until the Zoning Enforcement Officer has issued a certificate of occupancy, indicating that such land, building, structure or part thereof, and the proposed use thereof, comply with the provisions of this chapter. Within five days after notification that a building, land or structure or a part thereof is ready for occupancy or use, it shall be the duty of the Zoning Enforcement Officer to make a final inspection thereof and to issue a certificate of occupancy if the land, building, structure or part thereof, and the proposed use thereof, are found to conform to the provisions of this chapter, or if such certificate is denied, to state in writing, specifying the reasons thereof, and immediately forward the same to the applicant. If conditions of a property warrant concern on the part of the Zoning Enforcement Officer with regard to the compliance of the building in question with applicable health and safety regulations, the Zoning Enforcement Officer shall contact the Fulton County Health Department and request a inspection of the premises by such agency. If such inspection is requested, no certificate of occupancy shall be issued prior to the completion of such inspection and compliance by the applicant with any and all recommendations or orders of the Fulton County Health Department.
(Ord. 1999-7, passed 5-25-1999)
§ 153.999 PENALTY.
(A)
In cases where any structure is erected, constructed, reconstructed, altered, converted or any structure or land is used in violation of this chapter, the proper authorities of the city, in addition to other remedies, may institute any appropriate actions or proceedings to prevent the occupancy of such structure or land.
(B)
Any person violating any provisions of this chapter shall be fined not less than $25 nor more than $750 for each offense.
(C)
Each day of violation is permitted to exist shall constitute a separate offense.
(D)
The city may recover its attorneys fees and litigation expenses incurred in enforcing this chapter.
(E)
The city may receive injunctive relief for enforcement of this chapter, including enjoining occupancy or use of any building or structure for which a violation exists.
(Ord. 1999-7, passed 5-25-1999)