This title shall be enforced by the Building Inspector, who shall in no case grant any permit for the construction, moving, or alteration of any building if the building as proposed to be constructed, moved or altered would be in violation of any of the provisions of this title. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the plot to be built upon, the exact sizes and locations on the plot of the buildings and accessory buildings then existing, and the lines within which the proposed buildings or structure shall be erected or altered, the existing and intended use of such building or part of a building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the plot and neighboring plots as may be necessary to determine and provide for the enforcement of this title. A residential lot development application and all associated accompanying documents, including a lot exhibit signed by a registered land, showing parcel lot boundaries, setbacks, easements erosion controls and drainage flow directions in accordance with applicable stormwater management plans, and house locations and driveways shall accompany a building permit application. A building permit will not be granted unless a lot survey is completed. One (1) copy of such plans shall be returned to the owner when such plans shall have been approved by the Building Inspector.

The City Engineer will have up to thirty (30) days from date of each submittal to review site plans, reports, plats, construction drawings, specifications and all other submittals for proposed projects within the City boundary and ETZ.

It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, changed, converted, moved, altered or enlarged wholly, or partly in its use of structure until a certificate of occupancy shall have issued therefore by the Building Inspector. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this title.

It is the intent of this title that all questions arising in connection with the enforcement of this title shall be presented first to the Building Inspector and that such questions shall be presented to the Board of Adjustment only on appeal from the Building Inspector; and that from the decision of the Board, recourse shall be had to the City Council and the courts as provided by law.

Whenever a violation of this title is found, the Building Inspector or agent shall give written notifications to the owner of the property or to the occupant or renter of the property that a violation has occurred and order the violation abated and the property, building or use brought into compliance with this title. Compliance must be done within sixty (60) days.

In case any building or structure is erected, constructed, reconstructed, repaired, moved, converted or maintained, or any building, structure, or land is used in violation of this title, the Building Inspector or any other appropriate authority or any adjacent, nearby or neighboring property owner who would be affected by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the occupancy or use of such building, structure or land.

The fees to be charged and collected for consideration of any application for a variance, appeal to the Board of Adjustment, special use permit, zoning map amendment, annexation or certificate of occupancy for uses not requiring a building permit shall be as established by the Lincoln City Council and shall be collected at the time of filing of an application

The erection, construction, reconstruction, alteration, repair, conversion or maintenance of any building or structure, or the use of any building, structure or land, in violation of this title or of any regulation, order, requirement, decision or determination made under authority conferred by this title shall constitute the maintenance of a public nuisance and any appropriate action or proceeding may be instituted by the City through any administrative official, department, board or bureau charged with the enforcement of this title:

1.

To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

2.

To restrain, correct or abate such violation;

3.

To prevent the occupancy of the building, structure or land; or

4.

To prevent any illegal act, conduct, business or use in or about such premises.

A violation of any provision of this title or a violation of or refusal or failure to comply with any regulation, order, requirement, decision or determination made under authority conferred by this title shall be punishable as an offense. Each day the violation continues constitutes a separate offense.

No permit for the erection of any new building shall be issued unless such building is to be located in a platted subdivision within the City or its extraterritorial jurisdiction as defined in Section 9-02-03 hereof or on a tract of land with a minimum of forty (40) acres in size. No permit for the erection of a new building in a new or under-construction subdivision shall be issued until all City utilities, including water, sanitary and storm sewer mains and appurtenances, have been installed, tested and accepted by the City, and, unless otherwise waived as a gravel surfaced road, until the roadway curb and gutter has been installed and accepted by the City.

(Ord. No. 239, 6-4-2020)