(A)

The City manager shall appoint a Zoning Administrator whose duties shall be as set forth in this chapter. The Zoning Administrator is authorized to act through aides and assistants. In the performance of his duties, the Zoning Administrator may request the assistance of any appropriate official or agency of the City.

(B)

The Zoning Administrator shall investigate promptly complaints of violations, reporting his findings and actions to complainants and shall use his best endeavors to prevent violations or to detect and secure the correction of violations. If he finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by this chapter necessary to ensure compliance with the provisions of this chapter.

(C)

The Zoning Administrator shall maintain written records of all official actions of his office with relation to administration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases; and the same shall be a public record.

(Ord. No. 98-84, § 1, 3-22-99)

The Zoning Administrator shall review all applications for building permits, occupational licenses, and land use permits to ensure their conformity with the provisions of this chapter. No building permit shall be issued for the erection, alteration, or use of any land or water which is not in conformity with the provisions of this chapter. No license or permit shall be issued by the building official or by any department agency, or official of the City for the use of any premises or the operation of any business, enterprise, occupation, trade, profession, or activity which would constitute a violation of the provisions of this chapter.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

No building or structure, or part thereof, or premises, thereafter erected or altered or changed in occupancy, or land upon which a new or different use is established, shall be occupied or used until a certificate of occupancy shall have been issued therefor, the certificate to include a certification by the Zoning Administrator that the proposed use of the structure or land conforms with the requirements of this chapter.

(B)

Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that the temporary certificate shall not be effective for a period in excess of six (6) months, and that the portion of the building or structure is in conformity with the provisions of this chapter.

(C)

A record of all certificates issued pursuant to the provisions of this section shall be kept on file in the office of the building department and copies of the certificates shall be furnished upon request to any person having a proprietary or tenancy interest in the appropriate property involved.

(Ord. No. 98-84, § 1, 3-22-99)

The Zoning Administrator shall prepare and maintain a record of all nonconforming uses existing as of the effective date of adoption or amendment of this chapter, and the record shall constitute the official public record to be used in administering and enforcing the provisions of sections 158.275 through 158.286.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

Right of Appeal. Where it is alleged there is error in any order, requirement, decision, determination, or action of the Zoning Administrator in the administration and enforcement of the restrictions made under authority hereof, any person thus aggrieved may appeal to the Board of Zoning Appeals. No appeal shall lie from any act by the Zoning Administrator pursuant to an order or resolution of the Board of Zoning Appeals specifically directing him to perform that act.

(B)

Filing Requirements for an Appeal. An appeal may be taken within thirty (30) days, but not thereafter, after notification in writing of the subject act or decision by the Zoning Administrator, by filing with the Zoning Administrator and with the Board of Zoning Appeals a notice of appeal, specifying the grounds thereof. An appeal shall be filed upon that form as may be provided therefor, and the appellant shall be required to pay any fee as may be established to defray processing costs relating to the review and hearing of the appeal. Upon the filing of an appeal, the Zoning Administrator shall forthwith transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed from was taken.

(C)

Stay of Proceedings. An appeal shall stay all proceedings concerning the matter appealed from unless the Zoning Administrator certifies to the Board of Zoning Appeals, after the notice of appeal shall have been filed with him, that, by reason of fact stated in the certificate, a stay, in his opinion, would cause imminent peril to life or property. In that case, proceedings shall not be stayed otherwise by a restraining order which may be granted by the Board of Zoning Appeals or by the circuit court of the County, on notice to the Zoning Administrator, and on due cause shown.

(Ord. No. 98-84, § 1, 3-22-99)

CD158:103]

Nothing herein contained shall prevent the City from taking any other lawful action, including but not limited to resort to equitable action, as is necessary to prevent or remedy any violation.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

Any persons who violates this chapter or fails to comply with any of the requirements shall, upon conviction thereof, be punished as set forth in section 10.99. Each day such violation continues shall be considered a separate offense.

(B)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, building contractor, agent, or other person who commits, participated in, assists in, or maintains any violation of this chapter or requirements as described above in subsection (A) shall each be guilty of a separate offense and, upon conviction thereof, shall be punished as herein provided.

(Ord. No. 98-84, § 1, 3-22-99)