The provisions of this chapter shall be administered and enforced by the city council through the building official or any other employees, inspectors and officials as the city council may delegate to enforce the provisions of this chapter.

(Ord. No. 158, § 13.00, 9-22-2008)

The building official shall have the power to grant building and occupancy permits, to make inspections of buildings or premises to carry out his/her duties in the enforcement of this chapter. It shall be unlawful for the building official to approve any plans or issue a building permit for any excavation or construction until he/she has inspected such plans in detail and found the plans/use to be in compliance with this chapter. To this end, the building official shall require that every application for a building permit for excavation, construction, moving, alteration, or change in type of use or the type of occupancy be accompanied by written statement and plans or plats drawn to scale and showing the following in sufficient detail to enable the building official to ascertain whether the proposed work or use is in conformance with this chapter:

(1)

The actual shape, location and dimensions of the lot.

(2)

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any buildings or other structures already on the lot.

(3)

The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(4)

The signature of the fee holder owner of the premises concerned.

(5)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

The building official under no circumstances is permitted to grant exceptions or vary the terms of this chapter.

(Ord. No. 158, § 13.01, 9-22-2008)

The following shall apply in the issuance of any permit:

(1)

Permits required.

a.

Any owner or authorized agent of the owner who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the building code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

b.

No plumbing, electrical, drainage or other permit shall be issued until it has been determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this chapter. Alteration or repair of an existing building or structure shall not include any changes in structural members, stairways, basic construction type, kind of class occupancy, light or ventilation, means of egress and ingress, or any other changes affecting or regulated by the building code, the Housing Law of the State of Michigan, or this chapter, except for minor repairs or changes not involving any of the aforesaid provisions.

(2)

Permits for manufactured homes as temporary use. The owner of any premises may move not more than one manufactured/mobile home upon such premises and utilize the same for residence purposes, which does not include storage, during the actual construction of a permanent dwelling thereon, but not to exceed six months beginning with the issuance of a permit for the construction of said dwelling. Application may be made for one six-month extension. The city council shall require said owner to furnish a financial guarantee in a sum equal to the cost of removing said manufactured home from the premises and completion of the permanent structure. Such financial guarantee may be in the form of a corporate surety bond, irrevocable bank letter of credit or cash.

(Ord. No. 158, § 13.02, 9-22-2008)

The issuance of a certificate of occupancy shall be governed by codes currently adopted by the State of Michigan and adopted by reference in the City of New Baltimore Code of Ordinances.

(Ord. No. 158, § 13.03, 9-22-2008)

Any uses of land or dwellings, or construction or alteration of buildings or structures, including tents or mobile homes used, erected, altered, raised or converted in violation of any of the provisions of this chapter, are hereby declared to be a nuisance per se. The building official or the city council is hereby authorized to apply to a court of equity to abate the nuisance created by such unlawful use or structure. Whenever the building official has declared a structure to be not conforming with the requirements contained in this chapter, the owner or occupant may be required to vacate such structure or premise, and such structure or premise shall not again be used or occupied until it has been made to conform with this chapter.

(Ord. No. 158, § 13.04, 9-22-2008)

If the building official shall find that any of the provisions of this chapter are being violated, he shall notify, according to city policy, the person responsible for such violation or the owner of record of the lot upon which such violation is taking place. The notice shall include the nature of the violation and the applicable section of the chapter. He shall order discontinuance of the illegal use of any lots or structures or, if illegal additions, alterations or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with, or to prevent violation of, its provisions.

(Ord. No. 158, § 13.05, 9-22-2008; Ord. No. 168, § 2, 2-8-2010)

The city commission shall establish, by resolution, fees for each of the following:

(1)

Inspection and certification. Fees for inspections and the issuance of permits or certificates, or copies thereof, required or issued under the provisions of this chapter shall be paid by the person requesting the inspection and collected by the city treasurer in advance of the issuance of such permits or certificates.

(2)

Appeals. Any person appealing under article XII of this chapter in all cases shall pay the established fixed fee, plus such additional fees as may be deemed reasonable by the city commission for expert services necessary to render a proper decision.

(3)

Reviews. Fees for the review of site plans, special approval uses or other matters requiring city commission, planning commission or the zoning board of appeals review, under the terms of this chapter, shall be paid by the petitioner to cover the cost of such reviews, including notice, publication, delivery, administration and professional services.

(4)

Rezonings. Any petition for the rezoning of land requiring an amendment of this chapter shall be accompanied by a fee payable by the petitioner. Said fee shall be utilized to defray all costs, including necessary expert opinions in conjunction with the legislative review of the petition.

(5)

Other. Fees for special resolutions pertaining to any matter relevant to this chapter or for the cost of special meetings of the city council, planning commission or the zoning board of appeals shall be paid by the recipient or applicant prior to said resolution or meeting.

(6)

Waivers. The city council may waive payment of any fees established by resolution when it finds that the necessity for an appeal, variance and/or rezoning is the result of an error or omission by the city council in enactment of this chapter.

(Ord. No. 158, § 13.06, 9-22-2008)

(a)

To ensure compliance with this chapter and any condition imposed thereunder, the city council, planning commission, and/or building official may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city, covering 50 percent of the estimated costs of improvements associated with a project for which site plan approval is sought, be deposited with the city to ensure faithful completion of the improvements.

(b)

The performance guarantee shall be deposited at the time of the issuance of the building permit authorizing the activity or project, or prior to the issuance of a temporary certificate of occupancy. The city may utilize the city engineer in reviewing or establishing the estimated cost of improvements for the project. The city shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses.

(c)

As used in this section, improvements means those features and actions associated with a project which are considered necessary by the body or official granting approval to protect natural resources or the health, safety and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping and drainage.

(Ord. No. 158, § 13.07, 9-22-2008)