- ADMINISTRATION OF THE ORDINANCE
It is the purpose of this article to provide the procedures for the administration of this ordinance, issuance of permits, inspection of properties, collection of fees, handling of violators, and enforcement of the provisions of this ordinance and amendments thereto.
Except when herein otherwise stated, the provisions of this ordinance shall be administered by the Building Inspector or by such deputies of his department as the Madison Township Board may designate to enforce the provisions of this ordinance.
The Building Inspector shall have the power to grant zoning compliance permits and certificates of occupancy and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. It shall be unlawful for the Building Inspector to approve plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this ordinance, nor shall the Building Inspector vary or change any terms of this ordinance. If the Building Inspector shall find that any of the provisions of this ordinance are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of any lot or structures; removal of illegal structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. The Building Inspector shall submit to the Planning Commission and the Township Board quarterly reports fully explaining the type and nature of uses permitted by right; the nature and extent of violations of this ordinance; and the type and nature of nonconforming uses, buildings, and structures. The Building Inspector shall maintain a record of all zoning compliance permits and certificates of occupancy.
6.4.1.
Issuance of zoning compliance permits. No building or structure, or part thereof, shall hereafter be located, erected constructed, reconstructed, altered, converted, or enlarged or moved; nor shall any change be made in the use of any building, structure, or land without a zoning compliance permit having been obtained from the Building Inspector for such building, structure, or land. A zoning compliance application shall be filled out and submitted to the Building Inspector.
6.4.2.
Prerequisites for zoning compliance permits. The Building Inspector shall require that all applications for zoning compliance permits shall be accompanied by plans and specifications including a plot plan in duplicate, drawn to scale, showing the following information:
a.
The actual dimensions and shape of the lot to be built upon; and
b.
The exact size and location of existing structures on the lot, if any; and
c.
The location and dimensions of the proposed structure or alteration.
6.4.3.
One copy of the plans shall be returned to the applicant by the Building Inspector after such copy has been approved or disapproved, and attested to same by the Building Inspector's signature on such copy. The Building Inspector shall retain the original copy, similarly marked, for his files. Whenever the buildings, structures, and uses as set forth in the application are in conformity with the provisions of this ordinance, the Building Inspector shall issue the applicant a zoning compliance permit within ten days of the filing thereof. Where action of the Board of Appeals or the Planning Commission is required in any case, as set forth in this ordinance, the Building Inspector shall issue such permit promptly following such action.
6.4.4.
Voiding of zoning compliance permit. Any zoning compliance permit granted under this ordinance shall become null and void and fees forfeited unless construction and/or use is completed within 545 days of the date of issuance. A zoning compliance permit shall be renewable upon reapplication and upon payment of the fee, subject, however, to the provisions of all ordinances in effect at the time of renewal.
6.5.1.
Issuance of building permit. No building permit shall be issued by the Building Inspector in all cases where a building permit is required by the ordinances of the Charter Township of Madison, unless and until a zoning compliance permit has been issued as specified in Section 6.4, herein above.
6.5.2.
Issuance of certificate of occupancy. No building or structure, or part thereof, shall be occupied by or for any use for which a zoning compliance permit is required by this ordinance unless and until a certificate of occupancy shall have been issued for such use. The holder of a zoning compliance permit for the construction, erection, or moving of and building, structure or part thereof, for the establishment of a use, shall make application to the Building Inspector immediately upon the completion of the work authorized by the zoning compliance permit for a final inspection.
A certificate of occupancy shall be issued by the Building Inspector within five days after receipt of such application if it is found that the building or structure, or part thereof, is in accordance with the provisions of this ordinance.
6.5.3.
Voiding of certificate of occupancy. Any certificate of occupancy granted under this ordinance shall become null and void if such use, buildings, or structure for which said certificate was issued are found by the Building Inspector to be in violation of this ordinance. The Building Inspector, upon finding such violation, shall immediately notify the Township Board of aid violation and void the certificate of occupancy.
The Madison Township Board shall establish a schedule of fees, charges and expenses, and a collection procedure for zoning compliance permits, certificates of occupancy, appeals and other matters pertaining to the Ordinance. The schedule of fees shall be posted in the office of the Building Inspector, and may be altered or amended only by the Madison Township Board. No permit, certificate, site plan, conditional use on approval, or variance shall be issued unless or until such costs, charges, fees, or expenses listed in this ordinance have been paid in full, nor shall any action be taken on proceedings before the Zoning Board of Appeals, unless or until preliminary charges and fees have been paid in full.
(Amended October 9, 2012)
6.7.1.
Any person violating any provision of this ordinance shall be deemed responsible for a civil infraction. The penalties which may be imposed for violations shall be as set forth in Section 8 of the Municipal Ordinance Violations Bureau Ordinance, being Ordinance 29 of the Charter Township of Madison. In addition to the enumerated fine, any person deemed responsible for a civil infraction shall also be liable for the cost to the Township to prosecute any such violation.
6.7.2.
In addition to the foregoing, any violation of this ordinance shall be deemed a nuisance per se, permitting the Township Board, its officers, agents or any private citizen to take such action in any court of competent jurisdiction to cause the abatement of such nuisance, including injunctive relief. Further, upon a determination by a court that a person has violated this ordinance thereby creating a nuisance per se, the Township shall be entitled to its actual attorney fees incurred in seeking abatement of the nuisance.
- ADMINISTRATION OF THE ORDINANCE
It is the purpose of this article to provide the procedures for the administration of this ordinance, issuance of permits, inspection of properties, collection of fees, handling of violators, and enforcement of the provisions of this ordinance and amendments thereto.
Except when herein otherwise stated, the provisions of this ordinance shall be administered by the Building Inspector or by such deputies of his department as the Madison Township Board may designate to enforce the provisions of this ordinance.
The Building Inspector shall have the power to grant zoning compliance permits and certificates of occupancy and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. It shall be unlawful for the Building Inspector to approve plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this ordinance, nor shall the Building Inspector vary or change any terms of this ordinance. If the Building Inspector shall find that any of the provisions of this ordinance are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of any lot or structures; removal of illegal structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. The Building Inspector shall submit to the Planning Commission and the Township Board quarterly reports fully explaining the type and nature of uses permitted by right; the nature and extent of violations of this ordinance; and the type and nature of nonconforming uses, buildings, and structures. The Building Inspector shall maintain a record of all zoning compliance permits and certificates of occupancy.
6.4.1.
Issuance of zoning compliance permits. No building or structure, or part thereof, shall hereafter be located, erected constructed, reconstructed, altered, converted, or enlarged or moved; nor shall any change be made in the use of any building, structure, or land without a zoning compliance permit having been obtained from the Building Inspector for such building, structure, or land. A zoning compliance application shall be filled out and submitted to the Building Inspector.
6.4.2.
Prerequisites for zoning compliance permits. The Building Inspector shall require that all applications for zoning compliance permits shall be accompanied by plans and specifications including a plot plan in duplicate, drawn to scale, showing the following information:
a.
The actual dimensions and shape of the lot to be built upon; and
b.
The exact size and location of existing structures on the lot, if any; and
c.
The location and dimensions of the proposed structure or alteration.
6.4.3.
One copy of the plans shall be returned to the applicant by the Building Inspector after such copy has been approved or disapproved, and attested to same by the Building Inspector's signature on such copy. The Building Inspector shall retain the original copy, similarly marked, for his files. Whenever the buildings, structures, and uses as set forth in the application are in conformity with the provisions of this ordinance, the Building Inspector shall issue the applicant a zoning compliance permit within ten days of the filing thereof. Where action of the Board of Appeals or the Planning Commission is required in any case, as set forth in this ordinance, the Building Inspector shall issue such permit promptly following such action.
6.4.4.
Voiding of zoning compliance permit. Any zoning compliance permit granted under this ordinance shall become null and void and fees forfeited unless construction and/or use is completed within 545 days of the date of issuance. A zoning compliance permit shall be renewable upon reapplication and upon payment of the fee, subject, however, to the provisions of all ordinances in effect at the time of renewal.
6.5.1.
Issuance of building permit. No building permit shall be issued by the Building Inspector in all cases where a building permit is required by the ordinances of the Charter Township of Madison, unless and until a zoning compliance permit has been issued as specified in Section 6.4, herein above.
6.5.2.
Issuance of certificate of occupancy. No building or structure, or part thereof, shall be occupied by or for any use for which a zoning compliance permit is required by this ordinance unless and until a certificate of occupancy shall have been issued for such use. The holder of a zoning compliance permit for the construction, erection, or moving of and building, structure or part thereof, for the establishment of a use, shall make application to the Building Inspector immediately upon the completion of the work authorized by the zoning compliance permit for a final inspection.
A certificate of occupancy shall be issued by the Building Inspector within five days after receipt of such application if it is found that the building or structure, or part thereof, is in accordance with the provisions of this ordinance.
6.5.3.
Voiding of certificate of occupancy. Any certificate of occupancy granted under this ordinance shall become null and void if such use, buildings, or structure for which said certificate was issued are found by the Building Inspector to be in violation of this ordinance. The Building Inspector, upon finding such violation, shall immediately notify the Township Board of aid violation and void the certificate of occupancy.
The Madison Township Board shall establish a schedule of fees, charges and expenses, and a collection procedure for zoning compliance permits, certificates of occupancy, appeals and other matters pertaining to the Ordinance. The schedule of fees shall be posted in the office of the Building Inspector, and may be altered or amended only by the Madison Township Board. No permit, certificate, site plan, conditional use on approval, or variance shall be issued unless or until such costs, charges, fees, or expenses listed in this ordinance have been paid in full, nor shall any action be taken on proceedings before the Zoning Board of Appeals, unless or until preliminary charges and fees have been paid in full.
(Amended October 9, 2012)
6.7.1.
Any person violating any provision of this ordinance shall be deemed responsible for a civil infraction. The penalties which may be imposed for violations shall be as set forth in Section 8 of the Municipal Ordinance Violations Bureau Ordinance, being Ordinance 29 of the Charter Township of Madison. In addition to the enumerated fine, any person deemed responsible for a civil infraction shall also be liable for the cost to the Township to prosecute any such violation.
6.7.2.
In addition to the foregoing, any violation of this ordinance shall be deemed a nuisance per se, permitting the Township Board, its officers, agents or any private citizen to take such action in any court of competent jurisdiction to cause the abatement of such nuisance, including injunctive relief. Further, upon a determination by a court that a person has violated this ordinance thereby creating a nuisance per se, the Township shall be entitled to its actual attorney fees incurred in seeking abatement of the nuisance.