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Sunland Park City Zoning Code

CHAPTER 2

ADMINISTRATION AND ENFORCEMENT

10-2-1: ADMINISTRATIVE OFFICIAL:

   A.   Appointment: An administrative official designated by the Mayor, with the advice and consent of the City Council, shall enforce this Title. He may be provided with the assistance of such other persons as the Mayor, with the advice and consent of the City Council, appoints to enforce this Title.
   B.   Duties:
      1.   Notice Of Violation To Responsible Person: If the administrative official shall find that any of the provisions of this Title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
      2.   Remedial Action: He shall order discontinuance of illegal use of land, buildings, or structure; 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 action authorized by this Title to ensure compliance with or to prevent violation of its provisions. (Ord. 1985-03, 4-16-1985)

10-2-2: BUILDING PERMITS:

   A.   Building Permits Required: No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this Title, unless he receives a written order from the Board of Adjustment in the form of an administrative review, conditional use, special exception, or variance as provided by this Title.
   B.   Application For Building Permit:
      1.   Plans And Information Required: All applications for building permits shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of all structures already existing, if any, and the location and dimensions of the proposed structure or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Title.
      2.   Return Of Plans As Approved Or Disapproved: One copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.
   C.   Expiration Of Building Permit:
      1.   Time Limit To Begin: If the work described in any building permit has not begun within ninety (90) days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the administrative official; and written notice thereof shall be given to the persons affected. (Ord. 1985-03, 4-16-1985)
      2.   Time Limit For Completion: If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be cancelled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. (Ord. 1985-03, 4-16-1985; amd. 2000 Code)

10-2-3: CERTIFICATES OF ZONING COMPLIANCE:

   A.   Certificate Required:
      1.   Use Or Occupancy: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this Title.
      2.   Nonconforming Structure Or Use: No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically how the nonconforming use differs from the provisions of this Title; provided, that upon enactment of this Title, owners or occupants of nonconforming uses or structures shall have three (3) months to apply for certificates of zoning compliance. Failure to make such application within three (3) months shall be presumptive evidence that the property was a nonconforming use at the time of enactment or amendment of this Title.
   B.   Application For Certificate: No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this Title upon completion of the work.
   C.   Temporary Certificate: A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion; provided, that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
   D.   Maintain Records: The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.
   E.   Failure To Obtain Certificate: Failure to obtain a certificate of zoning compliance shall be a violation of this Title and punishable under Section 10-2-5 of this Chapter. (Ord. 1985-03, 4-16-1985)

10-2-4: CONSTRUCTION AND USE; COMPLIANCE WITH PLANS AND PERMITS:

Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be a violation of this Title and punishable as provided by Section 10-2-5 of this Chapter. (Ord. 1985-03, 4-16-1985)

10-2-5: PENALTY:

Any violation of this Title, in addition to any other remedy or punishment provided by law or ordinance, is punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment in the County jail for a term of not more than ninety (90) days, or by both such fine and imprisonment. Every day that any such violation continues constitutes a separate offense. (Ord. 1985-03, 4-16-1985)