A zoning administrator, appointed by the Town [City] Council, shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the Town [City] Council may determine and designate. It is the intent of this ordinance that all questions of administration and enforcement shall first be presented to the zoning administrator and that such questions shall be presented to the Board of Adjustment only upon reference by, or appeal from, the zoning administrator, and that recourse from the decisions of the Board of Adjustment shall be the courts as provided by law.

It is further the intent of this ordinance that the function of the Town [City] Council under this ordinance shall not include hearing and deciding questions of interpretation and enforcement which may arise, but that the Town [City] Council shall have only the responsibility for acting on proposals for amendment or repeal of this ordinance, and for establishing a schedule of fees and charges as herein provided.

The duties of the zoning administrator shall include:

(1)

Interpretation of the terms and provisions of this ordinance;

(2)

Administration of the provisions of this ordinance relating to building permits and certificates of occupancy;

(3)

Administration of the provisions of this ordinance relating to applications for special exceptions, variances, appeals from an administrative decision and other actions before the board of adjustment;

(4)

Administration of the provisions of this ordinance relating to applications for zoning amendments, the presentation of same to the Planning and Zoning Commission and Town [City] Council, and giving notice of hearings on such amendment requests as specified herein;

(5)

The receipt of complaints from persons who allege that violations of this ordinance have occurred, to properly investigate or cause to be investigated such complaints, and to initiate or cause to be initiated action to prevent, enjoin, or remove such violations;

(6)

The maintenance of the official copy of the zoning map and other such records and official materials as may be related to adoption, amendment, enforcement or administration of this ordinance;

(7)

Other such duties as may be properly related to the accomplishment of the spirit and intent of this ordinance.

9-3.1.

Building permits required. No building or other structure shall be erected, moved, added to or structurally altered without a building permit issued by the Town [City] of Moundville. A building permit shall not be issued by the Town [City] of Moundville except in conformity with the provisions of this ordinance, unless it receives a written order from the Board of Adjustment in the form of an interpretation involving error or a special exception or variance as provided in Article X (105). If the permit is denied, reasons shall be stated for the denial.

9-3.2.

Applications for building permits. All applications for building permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact size and locations on the lot of all buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application or plans shall include such other information as lawfully may be required by the Town [City] building inspector, zoning administrator, or town [city] engineer, including existing proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot and on nearby lots; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this ordinance. One copy of the plans shall be returned to the applicant by the administrative official, after marking such copy as approved or disapproved and attested to same by his/her signature on such copy.

9-3.3.

Building permits to be posted. The building permit shall be posted in a conspicuous place upon the premises to which the permit applies within five days of the date of issuance of the permit, and shall remain posted until completion of the action for which the permit was issued.

9-3.4.

Expiration of building permit. If the work described in any building permit has not begun within six months from the date of issuance thereof, or in the case of a special exception within the time limit established therefore, the permit shall expire and be cancelled by the town [city] building inspector. Written notice thereof shall be given to the persons affected.

If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be cancelled by the Town [City] of Moundville, except as follows:

(1)

In the case of a special exception, work shall be substantially completed within the time limit established therefore by the Board of Adjustment; or

(2)

In the case of work which may reasonably be expected to require more than one year for completion, the building inspector may specify a time limit in excess on one year at the time of original issuance of the zoning permit.

Written notice of the expiration of any building permit shall be given to the persons affected, including notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained.

9-4.1.

Certificate of Occupancy to be issued. 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 partially altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefore by the Town [City] of Moundville, stating that the building or proposed use of the building or land conforms to the requirements of this ordinance.

Within three days after the owner or his agent has notified the Town [City] of Moundville that a building or premises or part thereof is substantially ready for occupancy or use, it shall be the duty of the Town [City] of Moundville to provide certification that said building or premises or part thereof has been constructed to conform with the provisions of this ordinance and with the provisions of any building code of the Town [City] of Moundville, or if such certificate is refused, to state the reason for such refusal in writing. No certificate of occupancy for a multi-family resident of place of business shall be issued until required off-street parking spaces have been properly paved and spaces marked.

No business license shall be initially issued until a certificate of occupancy has been approved and issued to the applicant.

9-4.2.

Certificates may be issued for nonconforming uses. Upon enactment or amendment of this ordinance, owners or occupants of uses made nonconforming shall apply for certificates of occupancy for the purpose of establishment of vested interest in such nonconforming uses, and the Town [City] of Moundville may issue such certificates upon acceptance of reasonable proof that the nonconformity was in existence at the time of such enactment or amendment, and certificates of occupancy issues upon such applications shall state specifically wherein the nonconforming use differs from the requirements of this ordinance.

9-4.3.

Temporary certificates of occupancy. A temporary certificate of occupancy may be issued by the Town [City] of Moundville for a period not exceeding six months during alterations or partial occupancy of a building pending completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of occupants and the public.

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the building inspector and other officials or agencies where additional approval is required to authorize only the use, arrangement, location set forth in such approved plans and applications, and no other use, arrangement, location, or construction. Any use, arrangement, location or construction at variance with that authorized shall be deemed violations of this ordinance, punishable as provided herein.

The Town [City] Council shall establish a schedule of fees and charges, and a collection procedure, for building permits, certificates of occupancy, appeals, amendments, and other matters pertaining to these regulations. This schedule of fees and charges, when established, shall be posted in the office of the zoning administrator, and may be altered or amended only by the Town [City] Council, the Planning and Zoning Commission, the zoning administrator, town [city] engineer, town [city] attorney or any department or agency of the city making application in their official capacity. No permit, certificate, special exception, or variance shall be issued or granted unless and until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proposed amendments or on proceedings before the Board of Adjustment unless and until applicable charges and fees have been paid in full.

If the zoning administrator shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the owner or tenant of the property, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings, structures, or additions, alterations, or structural changes thereto; 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.

Whenever a violation of this ordinance 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 zoning administrator. He shall record the complaint properly, investigate promptly, and take action thereon as provided by this ordinance.

In case any building or structure is erected, constructed, reconstructed, altered, maintained or used in violation of this ordinance or regulations in furtherance hereof, the Town [City] Council, town [city] attorney, zoning administrator, or any person aggrieved may, in addition to other remedies provided by law, institute injunction, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any structure or land is used in violation of this ordinance, or there is violation of any condition or requirement in connection with special exceptions, variances, or reasoning under the terms of this ordinance, such violation shall constitute a misdemeanor. Violation of this ordinance or failure to comply with any of the requirements hereof shall be a misdemeanor. Each day such violation continues after due notice to discontinue such violation shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof and any architect, surveyor, builder, engineer, 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. Nothing herein contained shall prevent the Town [City] from taking such other lawful action as is necessary to prevent or remedy any violation.

9-11.1.

Application for special exception. An applicant for a building permit or certificate of occupancy for a structure or use which may be permitted in the district concerned as a special exception shall be informed by the zoning administrator of the provisions of this ordinance to such structures and uses. Such applicant may apply to the Board of Adjustment for a special exception on such forms as the city may furnish. Such applicant shall include a proper legal description of the lot or tract of land and shall be accompanied by a plan or plat drawn to scale and including the same information as required for such a plan or plat in 9-3.2 (p. 102) plus such additional information as may be necessary to enable the Board of Adjustment to determine whether the proposed structure or use complies with criteria. A fee shall accompany any such application in accordance with the schedule of fees cited in Permit Fees document issued by Zoning Administrator.

9-11.2.

Application for a variance. Application for a variance from the terms of this ordinance shall be submitted to the zoning administrator on such forms as the city may furnish. Such application shall include a proper legal description of the lot or tract of land concerned, and shall be accompanied by such drawings, plans, photographs, and other exhibits as may be needed to enable the Board of Adjustment to determine whether a variance is justified. A fee shall accompany any such application in accordance with the schedule of fees cited in Permit Fees document issued by Zoning Administrator.

9-11.3.

Application for rezoning. Application for an amendment to the zoning map of Moundville shall be made to the zoning administrator on such forms as the town [city] may furnish, and shall include a proper legal description of the lot or tract of land concerned. A fee shall accompany any such application in accordance with the schedule of fees cited in Permit Fees issued by Zoning Administrator.