(a)

Administration of this chapter. An administrative official designated by the mayor and board of aldermen shall administer and enforce this chapter. The administrative official may be assisted by other such persons as the mayor and board of aldermen may direct.

(b)

Enforcement of this chapter. If the administrative official shall find that any of the provisions of this chapter are being violated, he shall:

(1)

Notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. If the written notification is delivered by mail, it must be sent as certified with return receipt, signature requested. If the written notification is delivered in person, a signature receipt, indicating the date, time and signature of the person delivering the notice and the signature of the recipient, shall be required.

(2)

Order the discontinuance of illegal use of land, buildings, or structures; order the removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; or order the discontinuance of any illegal work being done.

(3)

Take any other action authorized by this chapter to ensure compliance with or to prevent violations of its provisions.

(Ord. of 2-16-2010, § 600)

It shall be unlawful to commence or proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing, or moving of any building or structure or any portion thereof without first having applied in writing to the building official for a building permit to do so, and a building permit has been granted.

(1)

No development shall be undertaken in special flood hazard areas without a permit issued by the city building inspector.

(2)

No building permit shall be issued by the building inspector, except in conformity with the provisions of this chapter, unless he receives a written order from the board of adjustment in the form of an administrative review, special exception or variance as provided by this chapter.

(Ord. of 2-16-2010, § 601)

(a)

All applications for building permits shall be accompanied by plans in triplicate drawn to scale, as described below:

(1)

Plans shall be drawn to scale, showing the actual dimensions and shape of the work or of the lot to be built upon, including:

a.

The exact sizes and locations on the lot of buildings already existing, if any;

b.

The location and dimension of the proposed building or alteration; and

c.

The location of floodways, streams, and other physical features.

(2)

All applications shall include other information as lawfully may be required by the building inspector and/or administrative official, including:

a.

Existing or proposed building or alteration;

b.

Existing or proposed uses of the building and land;

c.

The number of families, housekeeping units, or rental units the building is designed to accommodate;

d.

Conditions existing on the lot;

e.

Other such matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.

(3)

One copy of the plans shall be returned to the applicant by the building inspector after he shall have marked such copy either as approved or disapproved, and attested to the same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the building inspector.

(b)

Prime responsibility for securing the necessary permits shall be the property owner's. However, if the property owner should contract part or all of the proposed work, it shall become the responsibility of the person, or firm, hired to ensure that all required permits and approvals have been secured prior to any work being initiated.

(c)

No building permit for the erection, alteration, moving, or repair of any building shall be issued until an application has been made for certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

(d)

Building permits or certificates of zoning compliance issued on the bases of plans and applications approved by the building inspector and/or administrative official authorize only the use, arrangement, and construction set for in such approved plans and application, and no other use, arrangement, or construction. Use arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by section 42-185.

(e)

Before a building permit is issued in any commercial or industrial district for any structure other than an accessory building or an addition to an existing building on the same lot, the owner or developer shall be required to improve one-half of any city road which the property adjoins in accordance with application city road standards for commercial and industrial developments. The width of the traveling surface will be dictated by the city major thoroughfare plan, and the installation of curb and gutter and proper drainage structures will be required. If such improvements are not constructed prior to the issuance of the building permit, the owner shall be required to execute an agreement that the improvements will be constructed prior to a final inspection of the building.

(f)

Blank forms shall be provided by the building official for the use of those applying for permits as provided in this chapter. Any permits issued by the building official shall be on standard forms for such purpose and furnished by the mayor and board of aldermen.

(g)

A careful record of all such applications, plans and permits shall be kept in the office of the building official. Fees for the issuance of permits shall be established by the governing authority.

(Ord. of 2-16-2010, § 602)

(a)

If the work described in any building permit has not begun with 90 days from the date of issuance, said permit shall expire; it shall be canceled by the building inspector; and written notice thereof shall be given to the person affected.

(b)

If the work described in any building permit has not been substantially completed within two years of the date of issuance, said permit shall expire and be canceled by the building inspector, and written notice shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

(Ord. of 2-16-2010, § 603)

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall be issued by the administrative official stating that the proposed use of the building or land conforms to the requirements of this chapter.

(b)

No nonconforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming uses differs from the provisions of this chapter.

(c)

No building permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

(d)

A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(e)

The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

(f)

Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable under section 42-185.

(Ord. of 2-16-2010, § 604)

(a)

Subsequent to the effective date of the ordinance from which this chapter is derived, no change in the use or occupancy of land or any change of use or occupancy in an existing building, other than for single-family dwelling purpose, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the building official.

(b)

Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter.

(c)

No permit for excavation for or the erection of alterations of any building shall be issued before the application has been made and approved for a certificate of occupancy and certificate of zoning compliance has been issued.

(d)

A record of all certificates of occupancy shall be kept on file in the office of the building official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.

(e)

On new construction, the final inspection report by the building official will serve as the certificate of occupancy, if such inspection indicated compliance with this chapter.

(Ord. of 2-16-2010, § 605)

(a)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. The administrative official shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(b)

The administrative official shall respond in writing to the person reporting a violation as to the results of the investigation and any action that may or may not be taken.

(Ord. of 2-16-2010, § 606)

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, shall constitute a misdemeanor.

(b)

Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof, be fined not more than $100.00 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case.

(c)

Each day such violation continues after notification shall be considered a separate offense. The owner or tenants of any building, structure, premises, or part thereof, and any architect, building, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(d)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. of 2-16-2010, § 607)

(a)

The mayor and board of aldermen shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, applications for amendments and other matters pertaining to this chapter.

(b)

The schedule of fees shall be posted in the office of the municipal clerk and may be altered or amended only by action of the mayor and board of aldermen.

(c)

No action shall be taken on any application or appeal until all applicable fees, charges and expenses have been paid in full.

(Ord. of 2-16-2010, § 608)

The applicant and/or owner shall have the burden to present and adequately prove all necessary factors and matters in support of the application.

(Ord. of 2-16-2010, § 609)