- ADMINISTRATION AND ENFORCEMENT2
Cross reference— Administration, ch. 2.
The building official or other administrative official designated by the city council shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the city council may direct. If the administrative official shall find that any of the provisions of this ordinance are being violated he shall notify in writing the persons responsible for such violations, 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 or structures or of additions, alterations, or structural change thereto; discontinuance of any illegal work being done; or shall take other action authorized by law to ensure compliance with or prevent violation of its provisions.
It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the building official or administrative official, and that such questions shall be presented to the Ponchatoula Consolidated Board (PCB) only on appeal from the decision of the administrative official and that recourse from the decision of the PCB shall be with the city council and recourse from the decision of the council shall be the courts as provided by law.
3.201. Enforcing officer and building permit section. For the purpose of administering and enforcing this ordinance, there is hereby created an office of permits and inspections. The chief of this office shall be charged with the responsibility of administering and enforcing the provisions of this ordinance.
( Ord. No. 767 , 5-13-2019)
Editor's note— Ord. No. 767 , adopted May 13, 2019, repealed the former § 3.2, and enacted a new § 3.2 as set out herein. The former § 3.2 pertained to duties of administrative official, board of adjustment, city council, and courts of appeal.
Building permits required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit thereof issued by the administrative official. No building permit shall be issued except in conformity with the provisions of this ordinance except after written order from the board of adjustment. The lost and location of the building thereon shall be staked out on the ground and approved by the building inspector before any construction begins.
3.30[1]. Application for building permit. All applications for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less that one-eighth [of an] inch to one foot, showing the actual dimensions and shape of the lot to be built upon; the exact size and location of the buildings already existing, if any; and the location and dimensions of the proposed parking, building, or alteration. The application shall include such other information as lawfully may be required by the administrative official including existing or proposed building or alteration; existing rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may [concern the] enforcement of this ordinance. One copy of the plans shall be returned to the applicant by the administrative official after he shall have marked such copy either as approved or disapproved and attested to [the] same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official for city hall records. A flood determination must be secured before [the] issuance of building permit.
3.302. Certificates of occupancy for new, altered, or nonconforming uses. It shall be unlawful to install permanent utilities in or to use or occupy or permit the use of occupancy of any part of any building or premises hereafter erected, created, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating the proposed use of this building or land conforms to the requirements of this ordinance, all sewer and water lines have been properly placed and recorded and all fees paid to the city. No permit for erection, alteration, moving, or repair of any building shall be issued until and application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work. A temporary certificate of occupancy 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 that such temporary certificated may require such conditions and safeguards as will protect the safety of the occupants and the public. The administrative official shall maintain a record of all certificates of occupancy and copies shall be furnished upon request to any person. Failure to obtain a certificate of occupancy shall be violation of this ordinance and punishable under section 3.4[01], violations and penalties.
3.303 Special building permits.
Expiration of building permits. 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 administrative official and written notice thereof shall be given to the persons affected together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained.
Special permits. No regular building permit shall be issued while any property is under active official review by the building official or his representative for repairs or construction or after a regular building permit has expired. A special permit may be obtained after the property is under active official review at a fee of $200.00 for repairs. Said permit may be issued by the city within 30 days after initial notification to the property owner that the property is under administrative review or within 30 days of the expiration of the regular building permit.
Special time limitation. The special permits shall be obtained within 30 days after the date of the certified letter issued by the building official or his designated representative notifying the property owner or his agent or representative or the permit applicant of the deficiencies of the property or with 30 days of the expiration of the regular building permit. The expiration of said permits shall be 30 days from the date of issuance for the special building permit. The building official or his designated representative may issue no more than two 30-day extensions for the special building permit. Any further extensions of time must be obtained from the city council. All work must be completed within the time limits thus provided.
(Ord. No. 529, § 3.303, 1-14-2000)
3.401. Violation and penalties; complaints regarding violations. Whenever a violation of this ordinance occurs or is alleged to have occurred, any person(s) may file a complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.
3.402. Penalties for violations. Violations of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than $100.00, not more than $500.00, or imprisoned for not more than 30 days, or both, and, in addition, shall pay all cost and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Civil remedies may also be pursued and occupants may be evicted from use of a building when such violations have not been remedied. The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
3.403 Collection of fines.
Upon failure of the property owner to pay any fine levied as provided by ordinance, the governing body of the city may file a certified copy of the order levying a fine or fines or a copy of an invoice reflecting the amount of such costs with the recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and privilege in favor of the city against the property.
In addition to the fine and costs, the property owner will pay interest on costs incurred by the city, which shall be paid prior to the cancellation of the lien. The rate of interest shall equal the rate of legal interest as provided in Civil Code Art. 2924, and shall be computed from the date of recordation of the lien until paid.
The lien shall include not only the costs incurred by the city but also shall include the attorney's fees, and all costs incurred in locating the property owner, notification of the owner and the enforcement and collection of the amount secured by the lien.
The city shall have the right to include any fines assessed, court costs, attorney's fees, and interest on the city Tax rolls, and shall be included as a portion of the property owner's property tax.
(Ord. No. 529, § 3.403, 1-14-2000)
- ADMINISTRATION AND ENFORCEMENT2
Cross reference— Administration, ch. 2.
The building official or other administrative official designated by the city council shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the city council may direct. If the administrative official shall find that any of the provisions of this ordinance are being violated he shall notify in writing the persons responsible for such violations, 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 or structures or of additions, alterations, or structural change thereto; discontinuance of any illegal work being done; or shall take other action authorized by law to ensure compliance with or prevent violation of its provisions.
It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the building official or administrative official, and that such questions shall be presented to the Ponchatoula Consolidated Board (PCB) only on appeal from the decision of the administrative official and that recourse from the decision of the PCB shall be with the city council and recourse from the decision of the council shall be the courts as provided by law.
3.201. Enforcing officer and building permit section. For the purpose of administering and enforcing this ordinance, there is hereby created an office of permits and inspections. The chief of this office shall be charged with the responsibility of administering and enforcing the provisions of this ordinance.
( Ord. No. 767 , 5-13-2019)
Editor's note— Ord. No. 767 , adopted May 13, 2019, repealed the former § 3.2, and enacted a new § 3.2 as set out herein. The former § 3.2 pertained to duties of administrative official, board of adjustment, city council, and courts of appeal.
Building permits required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit thereof issued by the administrative official. No building permit shall be issued except in conformity with the provisions of this ordinance except after written order from the board of adjustment. The lost and location of the building thereon shall be staked out on the ground and approved by the building inspector before any construction begins.
3.30[1]. Application for building permit. All applications for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less that one-eighth [of an] inch to one foot, showing the actual dimensions and shape of the lot to be built upon; the exact size and location of the buildings already existing, if any; and the location and dimensions of the proposed parking, building, or alteration. The application shall include such other information as lawfully may be required by the administrative official including existing or proposed building or alteration; existing rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may [concern the] enforcement of this ordinance. One copy of the plans shall be returned to the applicant by the administrative official after he shall have marked such copy either as approved or disapproved and attested to [the] same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official for city hall records. A flood determination must be secured before [the] issuance of building permit.
3.302. Certificates of occupancy for new, altered, or nonconforming uses. It shall be unlawful to install permanent utilities in or to use or occupy or permit the use of occupancy of any part of any building or premises hereafter erected, created, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating the proposed use of this building or land conforms to the requirements of this ordinance, all sewer and water lines have been properly placed and recorded and all fees paid to the city. No permit for erection, alteration, moving, or repair of any building shall be issued until and application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work. A temporary certificate of occupancy 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 that such temporary certificated may require such conditions and safeguards as will protect the safety of the occupants and the public. The administrative official shall maintain a record of all certificates of occupancy and copies shall be furnished upon request to any person. Failure to obtain a certificate of occupancy shall be violation of this ordinance and punishable under section 3.4[01], violations and penalties.
3.303 Special building permits.
Expiration of building permits. 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 administrative official and written notice thereof shall be given to the persons affected together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained.
Special permits. No regular building permit shall be issued while any property is under active official review by the building official or his representative for repairs or construction or after a regular building permit has expired. A special permit may be obtained after the property is under active official review at a fee of $200.00 for repairs. Said permit may be issued by the city within 30 days after initial notification to the property owner that the property is under administrative review or within 30 days of the expiration of the regular building permit.
Special time limitation. The special permits shall be obtained within 30 days after the date of the certified letter issued by the building official or his designated representative notifying the property owner or his agent or representative or the permit applicant of the deficiencies of the property or with 30 days of the expiration of the regular building permit. The expiration of said permits shall be 30 days from the date of issuance for the special building permit. The building official or his designated representative may issue no more than two 30-day extensions for the special building permit. Any further extensions of time must be obtained from the city council. All work must be completed within the time limits thus provided.
(Ord. No. 529, § 3.303, 1-14-2000)
3.401. Violation and penalties; complaints regarding violations. Whenever a violation of this ordinance occurs or is alleged to have occurred, any person(s) may file a complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.
3.402. Penalties for violations. Violations of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than $100.00, not more than $500.00, or imprisoned for not more than 30 days, or both, and, in addition, shall pay all cost and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Civil remedies may also be pursued and occupants may be evicted from use of a building when such violations have not been remedied. The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
3.403 Collection of fines.
Upon failure of the property owner to pay any fine levied as provided by ordinance, the governing body of the city may file a certified copy of the order levying a fine or fines or a copy of an invoice reflecting the amount of such costs with the recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and privilege in favor of the city against the property.
In addition to the fine and costs, the property owner will pay interest on costs incurred by the city, which shall be paid prior to the cancellation of the lien. The rate of interest shall equal the rate of legal interest as provided in Civil Code Art. 2924, and shall be computed from the date of recordation of the lien until paid.
The lien shall include not only the costs incurred by the city but also shall include the attorney's fees, and all costs incurred in locating the property owner, notification of the owner and the enforcement and collection of the amount secured by the lien.
The city shall have the right to include any fines assessed, court costs, attorney's fees, and interest on the city Tax rolls, and shall be included as a portion of the property owner's property tax.
(Ord. No. 529, § 3.403, 1-14-2000)