New Melle City Zoning Code
ARTICLE XIV
Administration and Enforcement
Section 405.725 Purpose.
[Ord. No. 224 §§1 — 2(29.01), 10-19-2005]
It is the purpose of this Article to provide the procedures for the administration of the Chapter, issuance of permits, inspections of properties, collection of fees and enforcement against violators of the provisions of this Chapter and amendment thereto.
Section 405.730 Administration.
[Ord. No. 224 §§1 — 2(29.02), 10-19-2005; Ord. No. 315 §3, 7-20-2011; Ord. No. 331 §2, 9-10-2012]
A.
Except where herein otherwise stated, the provisions of this Chapter shall be administered by the City Engineer or by his/her designee as the Board of Aldermen and/or Planning and Zoning Commission may designate to enforce provisions of this Chapter.
B.
The City Engineer shall review and recommend to the Planning and Zoning Commission and/or Board of Aldermen granting certificates of zoning compliance, building permits, City proposal or quote for new business, technical information, site plans and to make inspections of buildings or premises necessary to carry out the duties in the enforcement of this Chapter.
Section 405.735 (Reserved) [1]
[1]
Editor’s Note: Former Section 405.735, Duties of the City Engineer, as adopted and amended by Ord. No. 224 §§1 —2(29.03), 10-19-2005, was repealed 7-20-2011 by Ord. No. 315 §4.
Section 405.740 Certificates of Zoning Compliance.
[Ord. No. 224 §§1 — 2(29.04), 10-19-2005]
A.
The City Engineer shall require that all applications for certificates of zoning compliance shall be accompanied by plans and specifications including a plot plan for the site in duplicate drawn to scale. The City Clerk shall retain the original and City Engineer shall retain a copy for his/her files.
B.
The certificate of zoning compliance signifies that, in the opinion of the City Engineer, the intended use, building or structure complies with all provisions of this Chapter. It shall be unlawful to change a type of use of land, to change the type of use or occupancy of any building or structure or to extend any use on any lot on which there is a non-conforming use of structure, until a certificate of zoning compliance has been issued. Where a building permit is required, application for a certificate of zoning compliance shall accompany or precede the application for a building permit. (In all other cases in which a building permit is not required, the application for a certificate of zoning compliance shall be made prior to the date when a new or enlarged use of a building or lot or part thereof is intended to begin.)
C.
Applications for certificates of zoning compliance shall be made to the City Engineer.
Section 405.745 Voiding of Certificate of Zoning Compliance.
[Ord. No. 224 §§1 — 2(29.05), 10-19-2005]
Any certificate of zoning compliance granted under this Chapter shall become null and void unless construction and/or use is commenced within one hundred eighty (180) days and completed within three hundred sixty (360) days of the date of issuance.
Section 405.750 Building Permits.
[Ord. No. 224 §§1 — 2(29.06), 10-19-2005]
A.
It shall be unlawful to commence or to 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 City Engineer for a building permit to do so and a building permit has been granted therefore. Primary 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 approval have been secured prior to any work being initiated.
B.
Blank forms shall be provided by the City at the City Engineer's office for the use of this applying for permits as provided in this Chapter. Any permits issued by the City Engineer shall be on standard forms for such purpose and furnished by the Board of Aldermen. There shall be a separate permit for each building or structure to be constructed, altered or erected except for accessory buildings which may be included in the permit for the principal building when construction is simultaneous.
C.
Any building permit under which no construction work has been commenced within six (6) months after the date of issuance of said permit or under which proposed construction has not been completed within one (1) year of the time of issuance shall expire by limitation.
[Ord. No. 384 §§ 1 — 2,9-8-2015]
Section 405.755 Voiding of Building Permit.
[Ord. No. 224 §§1 — 2(29.07), 10-19-2005]
A.
A permit may be revoked by the City Engineer at any time prior to the completion of the building or structure for which the same was issued, when it shall appear to him/her that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation or that any provisions of this Chapter are being violated.
B.
Written notice of such violation shall be served upon the owner, his/her agent or contractor or upon any person employed on the building or structure for which such permit was issued via a stop work order which shall be posted in a prominent locations and thereafter no such construction shall proceed.
Section 405.760 Fee, Charges and Expenses.
[Ord. No. 224 §§1 — 2(29.08), 10-19-2005; Ord. No. 343 §1, 1-14-2013]
The Board of Aldermen shall establish and impose fees, charges and expenses for building permits, certificates of zoning compliance, site plan approval, rezoning, appeals and other matters pertaining to this Chapter. In addition to the regular fees imposed by the City, any applicant shall pay for all third-party costs in the event that a consultant or other third party is engaged by the City to conduct plan review or inspections; the applicant shall pay the actual cost borne by the City in such a case. The Board of Aldermen shall establish a procedure for collection of such fees, charges and expenses. The fees, charges and expenses may only be amended or altered by action of the Board of Aldermen. No permit, certificate, conditional use, approval or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full to the City, nor shall any action be taken on proceedings before the Board of Aldermen, unless or until such costs, charges, fees or expenses have been paid in full to the City.
Section 405.765 Violation and Penalty.
[Ord. No. 224 §§1 — 2(29.09), 10-19-2005]
A.
The City Engineer or his/her duly authorized representative shall have power to cause any land, building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or threat in violation of this order. Any owner, lessee or tenant who, having been served with an order in writing signed by the City Engineer or his/her authorized representative to correct or remove such violations, shall fail to comply with such order within ten (10) days after such service or who shall continue to violate any of the regulations in this order shall be guilty of a misdemeanor and shall be in violation of this Chapter and shall be subject to a fine not to exceed five hundred dollars ($500.00). Each day of violation shall constitute a separate offense.
B.
Any lessee, owner or tenant of land located within any incorporated area of City of New Melle who shall construct, reconstruct, alter, relocate or maintain any building or other structure or use of such land in violation of the provisions of this Chapter shall be guilty of a misdemeanor. In the case of such violation the Board of Aldermen or the owner of any private property or any public body the property of whom or which is or may be affected by any such violation may institute in the Circuit Court any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, relocation or maintenance or use or to restrain, abate or correct such violation or to prevent the occupancy of such building or structure or unlawful use of such land and to prevent any illegal act, conduct, business or use in or about the premises.
C.
The owner or general agent of any such land, building, structure or premises where a violation of this zoning ordinance has been committed or shall exist or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist or the owner, general agent, lessee or tenant of any part of the building or premises in which violation has been committed or shall exist or the owner, general agent, architect, builder or contractor or any other person who knowingly commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500.00). Each day of violation shall constitute a separate offense.
Section 405.770 Compliance With Permits and Certificates.
[Ord. No. 224 §§1 — 2(29.10), 10-19-2005]
Building permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violations of this Chapter and punishable as provided by Section 405.765 herein.