The provisions of this title shall be enforced by the building inspector or his/her assistants subject to such variations or interpretations as may be made by the board of adjustment or city commission. The building inspector shall: (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)
(A) Issue building permits for all construction, alteration or movement of buildings or structures after first determining compliance with all applicable provisions of this title.
(B) Respond to all written complaints concerning violations or alleged violations of this title.
(C) Conduct inspections as necessary to ensure compliance with the provisions of this title.
(D) Institute appropriate action or proceedings to prevent or correct unlawful construction, alteration, or movement of buildings or structures or unlawful occupancy of buildings, structures or land. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-2: ZONING COORDINATOR:
The zoning coordinator shall be responsible to the city-county planning board by administering and coordinating the zoning title for the city of Lewistown.
The zoning coordinator shall supervise and facilitate the processing of applications for amendments to the official zoning map and Lewistown zoning title, special reviews, and requests for variances. It shall be his/her responsibility to present any applications or requests to the appropriate board or commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
It shall further be the responsibility of the zoning coordinator to aid the various boards, commissions, and departments in transmitting recommendations, records and reports to the city commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)
The zoning coordinator shall interpret the Lewistown zoning title, but shall not have the authority to act in any reviewing capacity as to final interpretation or enforcement. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-3: PRESERVATION OF RIGHTS UNDER PRESENT ZONING:
The adoption of this title and zoning map attached thereto shall in no way negate existing property rights, uses or conditions. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-4: PROCEDURE IN ABATEMENT OF VIOLATION:
If upon any inspection, the condition of a building or premises or its use or occupancy is found not to conform to the provisions of this title, the building inspector shall issue written notice to the owner or tenant specifying the manner in which the building or premises or its use or occupancy fails to conform. The owner or tenant shall take steps to make it conform as directed by the building inspector.
Appeals from the actions of the building inspector shall be made with the board of adjustment in conformance with the provisions of chapter 13 of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-5: PENALTIES FOR VIOLATION:
Violation of the provisions of this title or failure to comply with written notice of correction shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall upon conviction thereof be fined not more than three hundred dollars ($300.00) or imprisoned for not more than thirty (30) days or both and, in addition, shall pay all costs and expenses involved. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person commits, participates in, assists in, or maintains such violation each may be found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation or to bring an action to enjoin any violation of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-6: SEVERABILITY:
If any section or provision of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-7: SCHEDULE OF FEES AND EXPENSES:
The city commission shall establish a schedule of fees and expenses and a collection procedure for appeals and other matters pertaining to this title. The schedule of fees shall be posted in the city-county planning board office, building inspector's office, and office of the city clerk, and may be altered or amended only by the city commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)
No conditional use or sign permits, variances, changes of zone or other amendments shall be issued or action taken until such fees or expenses have been paid in full. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
Lewistown City Zoning Code
CHAPTER 14
ADMINISTRATION AND ENFORCEMENT
11-14-1: BUILDING INSPECTOR:
The provisions of this title shall be enforced by the building inspector or his/her assistants subject to such variations or interpretations as may be made by the board of adjustment or city commission. The building inspector shall: (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)
(A) Issue building permits for all construction, alteration or movement of buildings or structures after first determining compliance with all applicable provisions of this title.
(B) Respond to all written complaints concerning violations or alleged violations of this title.
(C) Conduct inspections as necessary to ensure compliance with the provisions of this title.
(D) Institute appropriate action or proceedings to prevent or correct unlawful construction, alteration, or movement of buildings or structures or unlawful occupancy of buildings, structures or land. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-2: ZONING COORDINATOR:
The zoning coordinator shall be responsible to the city-county planning board by administering and coordinating the zoning title for the city of Lewistown.
The zoning coordinator shall supervise and facilitate the processing of applications for amendments to the official zoning map and Lewistown zoning title, special reviews, and requests for variances. It shall be his/her responsibility to present any applications or requests to the appropriate board or commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
It shall further be the responsibility of the zoning coordinator to aid the various boards, commissions, and departments in transmitting recommendations, records and reports to the city commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)
The zoning coordinator shall interpret the Lewistown zoning title, but shall not have the authority to act in any reviewing capacity as to final interpretation or enforcement. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-3: PRESERVATION OF RIGHTS UNDER PRESENT ZONING:
The adoption of this title and zoning map attached thereto shall in no way negate existing property rights, uses or conditions. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-4: PROCEDURE IN ABATEMENT OF VIOLATION:
If upon any inspection, the condition of a building or premises or its use or occupancy is found not to conform to the provisions of this title, the building inspector shall issue written notice to the owner or tenant specifying the manner in which the building or premises or its use or occupancy fails to conform. The owner or tenant shall take steps to make it conform as directed by the building inspector.
Appeals from the actions of the building inspector shall be made with the board of adjustment in conformance with the provisions of chapter 13 of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-5: PENALTIES FOR VIOLATION:
Violation of the provisions of this title or failure to comply with written notice of correction shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall upon conviction thereof be fined not more than three hundred dollars ($300.00) or imprisoned for not more than thirty (30) days or both and, in addition, shall pay all costs and expenses involved. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person commits, participates in, assists in, or maintains such violation each may be found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation or to bring an action to enjoin any violation of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-6: SEVERABILITY:
If any section or provision of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
11-14-7: SCHEDULE OF FEES AND EXPENSES:
The city commission shall establish a schedule of fees and expenses and a collection procedure for appeals and other matters pertaining to this title. The schedule of fees shall be posted in the city-county planning board office, building inspector's office, and office of the city clerk, and may be altered or amended only by the city commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)
No conditional use or sign permits, variances, changes of zone or other amendments shall be issued or action taken until such fees or expenses have been paid in full. (Ord. 1576, 5-1-1989, eff. 6-15-1989)