The office of Zoning Administrator of this municipality is hereby established. The Zoning Administrator shall be the executive head of this office.

The Zoning Administrator is hereby authorized and directed to diligently administer and enforce the provisions of this Code. This broad responsibility encompasses, but is not limited to, the following specific duties:

   (A)   To review applications pertaining to land, structures and the uses of land and/or structures;

   (B)   To issue or deny temporary and permanent certificates of zoning compliance;

   (C)   To supervise inspections of land, structures, and the uses of land and/or structures to determine compliance with this Code, and where there are violations, to initiate appropriate action to secure compliance;

   (D)   To receive, file, and forward to the Zoning Hearing Officer all applications for variances and appeals;

   (E)   To receive and file all applications for amendments and special use permits;

   (F)   To maintain up-to-date records of this Code including, but not limited to, district maps, certificates of zoning compliance, special use permits, variances, interpretative decisions of the Hearing Officer, amendments, and all applications related to any of these matters;

   (G)   To periodically review the provisions of this Code to determine whether revisions are needed, and to make recommendations on these matters to the Board at least once each year;

   (H)   To cause copies of this Code (including the district map) and any amendments thereto to be printed from time to time, as necessary; and

   (I)   To provide information to the general public on topics related to this Code.

[See Section 1-2-122 for Zoning Hearing Officer]

After the effective date of this Code, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until a temporary certificate of zoning compliance has been issued. The Administrator shall issue no temporary certificate of zoning compliance unless he determines that, when the (proposed) work is completed, the use and/or structure will conform to the applicable provisions of this Code.

   (A)   INFORMATION REQUIRED. Every applicant for a temporary certificate of zoning compliance shall submit to the Administrator, a narrative or graphic form, any or all of the following items of information as required by the Administrator:

(NOTE: As used below, the term "proposed" refers to "altered," "enlarged," or "extended" as well as "completely new.")

      (1)   Name and address of the applicant;

      (2)   Name and address of the owner or operator of the proposed structure or use, if different from (1);

      (3)   Nature of the proposed use, including type of activity, manner of operations, number of occupants or employees, and similar matters;

      (4)   Location of the proposed use or structures, and its relationship to existing adjacent uses or structures;

      (5)   Area and dimensions of the site for the proposed structure or use;

      (6)   Existing topography of the site (USGS 10-foot contour data is acceptable), and proposed finished grade;

      (7)    Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

      (8)   Height, setbacks, and lot coverage of the proposed structures; (9)   Number and size of proposed dwelling units, if any;

      (10)   Location and number of proposed parking/loading spaces and access ways;

      (11)   Identification and location of all existing and proposed utilities whether public or private; and/or

      (12)   Location and square footage of existing and proposed signs by type and class.

   (B)   FILING FEE, DURATION OF CERTIFICATE. Every applicant for a temporary certificate of zoning compliance shall pay a filing fee as determined by the City Council. Temporary certificates of zoning compliance shall be valid for one year. The Administrator may renew such temporary certificates for successive one-year periods upon request in writing.

No lot or structure or part thereof that has been created, developed, erected, enlarged, altered, relocated, or reconstructed after the effective date of this Code shall be used or occupied until a permanent certificate of zoning compliance has been issued. The Administrator shall issue no permanent certificate of zoning compliance unless he determines, by inspection, that:

   (A)   The development or construction of such lot or structure has been completed in accordance with plans approved at the time the temporary certificate of zoning compliance was issued; and

   (B)   The lot or structure as completed, and the proposed use thereof, conforms to all applicable provisions of this Code.

Permanent certificates of zoning compliance shall be issued free of charge. Failure to obtain a permanent certificate of zoning compliance shall constitute a separate violation of this Code.

Whenever the Zoning Administrator determines, by inspection or by other means, that reasonable grounds exist for believing that any lot, structure, or use is in violation of this Code, he shall so notify the responsible party in writing, and shall institute appropriate measures to secure compliance.

   (A)   CORRECTIVE ACTION ORDER. To secure compliance with this Code, the Administrator may issue a corrective action order. Such order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is served upon such party personally, sent by registered mail to his last known address, or posted in a conspicuous place on or about the affected premises. Corrective action orders shall include:

      (1)   A description of the premises sufficient for identification;

      (2)   A statement of what constitutes the violation;

      (3)   An outline of the remedial action necessary to effect compliance;

      (4)   The date by which the violation must be corrected;

      (5)   The date by which any appeal of the correction order must be filed, and a statement of the procedure for so filing;

      (6)   A statement that failure to abide by a corrective action order constitutes a separate violation of this Code; and

      (7)   A statement of the penalties attached to any violation of this Code.

   (B)   STOP-WORK ORDER. Whenever any land, structure, or use is being developed, erected, or established contrary to plans approved at the time the temporary certificate of zoning compliance was issued, the Administrator may order that such work be stopped immediately. The Administrator's stop-work order may be served on any person engaged in or responsible for such work, or may be posted in a conspicuous place on or about the affected premises. Failure to abide by a stop-work order shall be deemed a separate violation of this Code.

Notwithstanding any other provisions of this Code, whenever the Administrator determines that any violation of this Code poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition. The Administrator shall take no such action until he has consulted with the City Attorney.

Whenever any violation of this Code occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Administrator. The Administrator shall record such complaints, immediately investigate, and, if necessary, institute appropriate corrective measures.

   (A)   Failure to comply with any provision of this Code shall constitute a misdemeanor, and each day that such violation continues shall be considered a separate offense.

   (B)   Any person who is convicted of a violation of this Code shall be fined not more than One Hundred Dollars ($100.00) each day the violation exists, and/or six (6) months confinement. Daily fine assessment shall begin on the first day the violator is notified of the violation and may be waived if compliance is met within thirty (30) days of notification.

   (C)   Nothing contained in this Section shall prevent this Municipality from taking any other lawful action that may be necessary to secure compliance with this Code. All legal fees incurred by the City in the legal enforcement of the Code shall be reimbursed to the City by the violator. (Ord. No. 1120; 04-13-98)