6.1.1 Building and Zoning Official. The provision of this ordinance shall be administered by a Building and Zoning Official, the office of which is hereby established.

6.1.1.1 Duties. The duties of the Building and Zoning Official shall be:

i.

To receive and check all applications for zoning permits and certificate of occupancy.

ii.

To issue zoning permits and certificates of occupancy only for construction and uses which are in accordance with the regulations of this ordinance and subsequent amendments; or through City Council or Court approval.

iii.

To record and file all applications for zoning permits and certificate of occupancy together with accompanying plans and documents and keep them for public record.

iv.

To immediately prepare and publish a complete list of all nonconforming uses and occupations existing at the time of adoption of this ordinance or any amendment thereto. Such list shall contain the names and addresses of the owner or owners of such nonconforming uses and of any occupant other than the owner, the legal description or descriptions of the land, to the degree reasonable attainable, and the nature and extent of land use. The City Council may designate a City employee or employ a person of its choosing to prepare such list for the Building and Zoning Official. Notification of this list shall be given by at least one publication in a newspaper of general circulation within the jurisdiction of this ordinance indicating where and when such list may be examined. Property owners and occupants shall be given one month to the inspect the list and appeal to the Board for such changes in the list, as they request, but which are not made by the Building and Zoning Official. After any necessary changes have been made by the Building and Zoning Official, copies of the list shall be delivered to the City Council for approval and recording.

The Building and Zoning Official shall issue certificates of occupancy for legal nonconforming uses. He shall examine them periodically to determine that they do not expand beyond the limitation prescribed in the ordinance.

v.

Upon specific request of the governing authority to furnish such facts, records and similar information, which will assist such body in reaching its decision.

vi.

To be responsible for keeping this ordinance, including the Zoning Map, up-to-date, and to include any amendments thereto.

vii.

If the Building and Zoning Official shall find that any provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; order discontinuance of illegal work being done; or shall by this ordinance issue other orders to prevent violation of its provisions.

viii.

Interpretation of the Zoning Map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Building and Zoning Official, after notice to the owners of the property, shall interpret the map in such a way as to carry out the intent and purpose of this ordinance. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made of the Building and Zoning Official and a determination shall be made.

6.2.1 Zoning Permits. A zoning permit shall be required prior to the erection, construction, moving or alterations of any building, structure or portion thereof, or the erection of any feature that may provide a potential safety hazard for any public property, street, right-of-way or sidewalk. Application for zoning permits shall be granted or refused within 15 days from the date of application. One copy of the plans shall be returned to the Applicant marked either approved or disapproved and attested to same by the signature of the Zoning Official. The second copy of the plans, similarly marked, shall be filed in the office of the Building and Zoning Official. Applications for zoning permits shall be made in writing to the Building and Zoning Official, and shall contain all information necessary to ascertain whether the proposed erection, construction, alteration or use complies with the provisions of this ordinance including the following:

6.2.1.1 Plan in duplicate drawn to scale indicating:

i.

Actual dimensions and shape of the lot to be built upon.

ii.

Exact size and location on the lot of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or alterations.

iii.

Existing and proposed uses, showing the number of families the building is designed to accommodate.

6.2.2 Certificate of Occupancy. A certificate of occupancy shall be required prior to the occupation for use or change of use of land, building or structure. Application for certificate of occupancy shall be made in writing to the Building and Zoning Official.

6.2.2.1 When use of premises involves a new building or structure, or alterations to an existing building or structure, such application shall be made at the same time application for a zoning permit is made.

6.2.2.2 When no construction or alteration is involved, application to occupy and use land may be made at any time. Such application shall contain all information necessary for the Building and Zoning Official to determine whether the proposed occupation and use of land conforms to the provisions of this ordinance. An application for a certificate of occupancy shall be granted or refused within 15 days after the Building and Zoning Official has been officially notified of a) completion of construction, or b) application to occupy and use land where no construction is involved.

This ordinance shall be enforced by the Building and Zoning Official. No permit or certificate of occupancy provided for in this ordinance shall be granted by him for any purpose except in compliance with the provisions of this ordinance, or with a decision of the City Council or the courts.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint, stating fully the causes and basis thereof, which shall be filled with the Building and Zoning Official. He shall acknowledge such complaint, immediately investigate, and take action thereon as provided in this ordinance.

Fees shall be paid in connection with the following types of applications under this ordinance:

Certificate of Occupancy for Change in Tenant
Application for Zoning Appeal
Application for Variance
Application for Zoning Change
Filing Fee for Property Plat

The amount of the fee shall be set by the City Council by resolution.

In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordinance, or of any ordinance or other regulation made under authority conferred hereby, the Building and Zoning Official or other proper official, 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 any illegal act, business or use in or about such premises.