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Olive Branch City Zoning Code

ARTICLE XIII

- ADMINISTRATION

It shall be the duty of the Planning and Development Director and his designees to administer and enforce the regulations contained herein.

1.

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 building official for a building permit to do so and a building permit has been granted therefor. No building permit shall be required for alteration or repairs on the interior of any building where the use or occupancy is not changed as a result thereof. No building permit shall be required for erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing, or moving a farm building or structure as herein defined except as may be required by the floodplain management ordinance. 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.

2.

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 applicable City road standards for commercial and industrial developments. The width of the traveling surface will be dictated by the City major thoroughfare plan and 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 on the building.

3.

Blank forms shall be provided by the building official for the use of those applying for permits as provided in this ordinance. Any permits issued by the building official shall be on standard forms for such purpose and furnished by the governing authority.

4.

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 board of aldermen.

5.

Any building permit under which no construction work has been commenced within six months after the date of issuance of said permit or under which proposed construction has not been completed within two years of the time of issuance shall expire by limitation.

6.

Subsequent to the effective date of this ordinance, no change in the use or occupancy of land nor any change of use or occupancy in an existing building other than for single-family dwelling purposes shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the building official. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this ordinance. No permit for excavation for or the erection or alteration of any building shall be issued before the application has been made and approved for a certificate of occupancy and no building or premises shall be occupied until such certificate and permit is issued. 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. 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 ordinance.

7.

In case any building or structure is erected, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordinance, the proper authorities in addition to other remedies may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises.

Any person, firm or corporation who shall knowingly and willfully violate the terms, conditions, or provisions of this ordinance, for violation of which no other criminal penalty is prescribed, shall be guilty of misdemeanor and upon conviction therefor shall be sentenced to pay a fine of not to exceed $500.00, and, in case of continuing violations without reasonable effort on the part of the defendant to correct the same, each day the violation continues thereafter shall be a separate offense.

8.

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 building official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this ordinance.

9.

These regulations are not intended to interfere with, or annul any other ordinance, rule, or regulation, statute, or provision of law. Where any provision of these regulations imposes restrictions different than those imposed by any other provision of these regulations or any other ordinance, rule, or regulation, or other provision of law, whichever provisions are more restrictive shall control.

10.

Any person or persons aggrieved by a decision of the board of aldermen may appeal pursuant to state law.