The provisions of this Ordinance shall be administered and enforced by the Director of Public Works or designee or authorized representative, and [he] shall be vested with the following powers and duties:

A.

To receive, review, process and issue all building permits, zoning compliance permits, and certificates of occupancy.

B.

To receive applications for variances and appeals from variance decisions pursuant to Chapter XIII of this Ordinance and forward them to the Board of Adjustment.

C.

To review with City Staff applications for amendments to this Ordinance.

D.

To conduct inspections to determine compliance or noncompliance with the terms of this Ordinance.

E.

To issue stop, cease and desist orders and/or order in writing correction of any and all conditions found to be in violation of the provisions of all applicable City Ordinances.

F.

To institute, in the name of the City, any appropriate action or proceedings to prevent or bring to a halt any activity in violation of this Ordinance.

G.

To register nonconforming uses, structures, and lots in accordance with the provisions of Chapter XI of this Ordinance.

H.

To create and maintain the files required to carry out and maintain records of all actions pursuant to this Section.

The Planning Commission shall review all applications for conditional uses, amendments, PUDS, rezonings, alterations, changes, or expansions to nonconforming uses, structures or lots. Recommendations for action on such applications shall be transmitted in writing to the City Council and applicant, and shall contain findings and/or conditions substantiating their recommendations.

In addition, the Planning Commission is hereby authorized to review and make recommendation on any other request for a use or a change of use governed by this Ordinance if formally requested to do so by the Director of Public Works or the Council. In such instances, the applicant shall be notified in writing that such a request has been made and the reasons behind the request.

The City Council shall review all applications forwarded by the Planning Commission with the attendant recommendations at regularly scheduled public meetings. Special hearings may be called at the discretion of the Council provided that notice of the hearing is published in a newspaper of general circulation within the City and mailed to the applicant at least fifteen (15) days prior to the hearing. At the hearing, the Council shall take action on the request and notify the applicant of the decision and reasons for the decision in writing. If the application is approved, the applicant shall be free to proceed subject to obtaining the necessary permits. If the application is denied, the applicant may contest such decision in writing within thirty (30) days of the date of the action. Such action shall be submitted to the Director of Public Works and shall include information substantiating the applicant's position. The Council shall reconsider the decision at a regularly scheduled public meeting. If the application is approved, the applicant may proceed. If denied, the file shall be closed.

The provisions of this Ordinance shall be enforced by the City Manager or authorized representative or by use of the following methods:

A.

Requirements of Zoning Compliance, Building and Occupancy Permits:

1.

Zoning Compliance Permits: Hereinafter, no uses listed in this Ordinance may be established or changed; no structure shall be erected, constructed, reconstructed, altered, or removed; and no building or land shall be used, occupied, or changed in use or occupation until a zoning compliance permit has been secured from the Public Works Department. No permit will be considered as complete or as permanently effective until the Public Works Department has noted on the permit that the work, occupancy, and/or use have been inspected and approved as being in conformity with the provisions of this Ordinance. A zoning compliance permit need not precede subdivision or land development applications. No building or occupancy permit shall be issued prior to the securing of a zoning compliance permit. However, a building permit may be issued in conjunction with a zoning compliance permit.

2.

Building Permits: No building or structure shall be erected, moved, or structurally altered unless a building permit has been issued by the Public Works Department. All permits shall be issued in conformance with the provisions of this Ordinance and all other applicable City Ordinances.

3.

Certificate of Occupancy: No land may be occupied or used and no building hereafter erected, moved, or structurally altered, may be used or changed in use until a Certificate of Occupancy has been issued by the Public Works Department. Such permit shall only be issued when the building and use thereof complies with this Ordinance and all other applicable City Ordinances.

B.

Inspections: The Director of Public Works or authorized representative is hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist in violation of the provisions of this Ordinance. After any such order has been served, no work shall proceed on the building, structure, or tract of land covered by such order except to correct or comply with the terms of the order.

Any construction, reconstruction, alteration or moving of a building or other structure shall be commenced within 180 days after the date of the issuance of the permit. The same shall apply to any change in use of a building or land authorized by a zoning compliance permit. If not, the permit shall be considered void. Extension of this time limitation may be granted by the Director of Public Works or authorized representative upon request of a written statement from the permittee as to the nature of any circumstances prohibiting the fulfillment of this obligation. Upon request of the Board or at the discretion of the Director of Public Works or authorized representative, a request for an extension may be reviewed by the Council.

If any part, section, subsection, sentence, clause or phrase of this Ordinance adopted hereby is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the ordinance; the City Council hereby declares that it would have passed the ordinance in each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.

This ordinance shall be in full force and effect ten days after its passage and final publication.

Introduced, read and ordered published this 14th day of February, 1989.

Published this 17th day of February, 1989.

Adopted and approved this 28th day of March, 1989.

Final publication by title: