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Schulenburg City Zoning Code

§ 9

ADMINISTRATION AND ENFORCEMENT.

9.1 
Administration.
The city building official is designated to administer the enforcement of this ordinance.
9.2 
Duties and limitations of the building official.
9.3 
The building official shall have the power to grant building permits and certificates of occupancy, and to make inspections of buildings and premises to carry out the duties of the enforcement of this ordinance, subject to the special provisions where stipulated in this ordinance.
9.4 
Every application for a building permit for construction, moving, alteration or change in the type of use or type of occupancy shall be accompanied by a written statement and plans, or plots, drawn to scale, showing the following in sufficient detail to enable the building official to ascertain whether the proposed work or use is in compliance with the provisions of this ordinance, the building code and other city ordinances.
9.5 
The actual shape, location and dimensions of the lot or building plot with sufficient information to locate the plot on the ground.
9.6 
The shape, size and location of all buildings, or other structures, to be erected[,] altered or moved and of any other buildings, or other structures, already on the plot.
9.7 
The existing and intended use of the plot and all structures upon it.
9.8 
Such information concerning the plot or adjoining lots or other matters as may be essential for determining whether the provisions of this ordinance and other ordinances are being observed.
9.9 
If the proposed construction, moving, alteration, or use of the land as set forth in the application is in conformity with the provisions of this ordinance, the building official may issue a building permit.
9.10 
Issuance of a building permit shall in no case be construed as waiving any provision of this ordinance or any other city ordinance.
9.11 
The building official under no circumstances is permitted to grant an exception to the actual meaning of any clause, order or regulation contained in this ordinance to any person making application to construct, move, alter or use either building, structure or land.
9.12 
The building official under no circumstances is permitted to make changes in this ordinance or to vary the terms of this ordinance in carrying out his or her duties as building official.
9.13 
The building official shall issue a building permit when the imposed conditions of this ordinance are complied with by the applicant regardless of the effect of such a permit on contracts, such as deed covenants, deed restrictions, or private agreements.
9.14 
If any application for such a building permit is not approved, the building official shall state in writing the cause for such disapproval.
9.15 
Building permit required.
9.15.1 
It shall be unlawful to begin the excavation for the construction, the moving, alteration or repair, except ordinary repair as defined in the building code, until the building official has issued for such work a building permit, in accordance with the requirements of the building code and which includes a certification of his or her determination that the proposed work conforms to the zoning ordinance.
9.16 
Use permit, application.
The building official may receive applications for a building permit which cannot be approved under the general provisions of the zoning ordinance, but could be approved if a use permit were approved. In these cases, the applicant should be referred to the city engineer who will have the necessary application forms and will advise the applicant in this regard (Refer to sections 10 and 11).
9.17 
Approval of building official.
Plans submitted with an application for a building permit shall be reviewed and approved by the building official as required in 7.8 [9.2].
9.18 
Certificate of occupancy.
No building or structure authorized by a building permit shall be occupied and no change in occupancy of a building, part of a building or land shall be made until after the building official shall have issued a certificate of occupancy therefor. The certificate of occupancy shall not only state the information as required under the building code, but shall also state the occupancy authorized is in compliance with the zoning ordinance. Occupancy other than that authorized in the certificate of occupancy shall be unlawful.
9.19 
Violations.
9.19.1 
If the building official shall find or if any person files with him or her a complaint in writing alleging that any of the provisions of this ordinance are being violated, he or she shall immediately investigate and when necessary give written notice to the person responsible to cease such violations forthwith.
9.20 
Written notice may be delivered in person or by certified mail to violator or to any person in charge of property where violation is occurring.
9.21 
If the violation which is the subject of the notice delivered by the building official is not remedied within a reasonable time to be determined by the said official, then action shall be brought against the party or parties in violation pursuant to section 14 of this ordinance.
(Ordinance adopted 6/15/73)