The provisions of this ordinance shall be administered and enforced by the zoning administrator or by such deputies of his department as the zoning administrator may delegate to enforce the provisions of this ordinance. The zoning administrator shall be appointed by the city council for such term and subject to such conditions and at such rate of compensation as said council shall determine. In the exercise of duties, the zoning administrator shall have the right to enter private premises, as provided by law.

(Ord. No. 440, § 10, 6-10-19)

A.

Zoning administrator duties: The zoning administrator shall have the authority to enforce the terms of this ordinance, issue zoning compliance and other permits as stipulated herein, to ensure approved plans and permits are carried out in accordance with their approvals, and to make inspections of buildings or premises as necessary. The zoning administrator shall also document all non-conforming uses existing at the effective date of this ordinance for the purpose of carrying out the provisions of Article 19.

B.

Building official duties: The building official shall have the authority to issue building and construction permits and certificates of occupancy to applicants, assist the zoning administrator in enforcing requirements that relate to building code and construction elements, and to make inspections of buildings or premises as necessary.

C.

General requirements: The following general requirements apply to both positions:

1.

Issuance of a permit shall not be refused when an application is in compliance with the requirements of this ordinance or other applicable codes.

2.

The building official and zoning administrator do not have the authority to amend the requirements of this ordinance unless discretion is granted within the terms of a particular section.

(Ord. No. 440, § 10, 6-10-19)

The building official may require that all applications for building permits be accompanied by plans and specifications including two copies of a plot plan, drawn to scale, showing the following:

A.

The actual shape, location, and dimensions of the lot.

B.

The shape size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot.

C.

The existing and intended use of the lot and of all such structures upon it including, in residential areas, the number of dwelling units the building is intended to accommodate.

D.

Such other information concerning the lot or adjoining lots as may be essential to determining whether the provisions of this ordinance are being observed.

(Ord. No. 440, § 10, 6-10-19)

The following shall apply in the issuance of any building permit:

A.

Permits not to be issued: No building permit shall be issued for the erection, alteration, or use of any building or structure as part thereof, or for the use of any land, which is not in accordance with all provisions of this ordinance.

B.

Permits for new use of land: No vacant land shall be used and no existing use of land shall be changed to another type of use unless a certificate of zoning compliance is obtained for the new or different use.

C.

Permits for new use of building: No building or structure, or part thereof, shall be changed to or occupied by a different use unless a certificate of occupancy is first obtained for the new or different use.

D.

Permits required: No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the City Building Code, Housing Law of Michigan, or this ordinance, except for minor repairs or changes not involving any of the aforesaid features.

E.

Inspection: The building official shall be notified by the person, firm, or corporation obtaining the building permit when the foundations are completed and the building official shall inspect same within three days after notification. If in conformance with the provisions of this ordinance, the building official shall endorse each fact upon the building permit.

(Ord. No. 440, § 10, 6-10-19)

No land, building or part thereof, shall be occupied by or for any use for which a building permit is required by this ordinance unless and until a certificate of occupancy shall have been issued for such new use by the building official. The following shall apply in the issuance of any certificate:

A.

Certificates not to be issued: No certificate of occupancy pursuant to the Building Code of the City of Swartz Creek shall be issued for any building, structure or part thereof or for the use of any land, which is not in accordance with all the provisions of this ordinance.

B.

Certificates required: No building or structure, or parts thereof, which is hereafter erected or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

C.

Certificates including zoning: Certificates of occupancy as required by the building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this ordinance.

D.

Certificates for existing buildings: Certificates of occupancy may be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this ordinance. Certificates of occupancy may be issued for business buildings in NBD, GBD and CBD zones existing at the effective date of this ordinance which change occupancy and which do not provide sufficient parking as required in this ordinance, provided there is no decrease in the number of spaces existing at the effective date of this ordinance.

E.

Temporary certificates: Nothing in this ordinance shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six months, and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this ordinance.

F.

Records of certificates: A record of all certificates issued shall be kept on file in the office of the zoning administrator, and copies shall be furnished upon request to any person having proprietary or tenancy interest in the property involved.

G.

Certificates for residential accessory buildings: Buildings accessory to residential dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

H.

Applications for certificates: Application for certificates of occupancy shall be made in writing to the building official on forms furnished by the city and such certificates shall be issued within ten days after receipt of such application if it is found that the building or structure, or part thereof or the use of land is in accordance with the provisions of this ordinance.

If such certificate is refused for cause, the applicant therefore shall be notified of such refusal and cause thereof, within the aforesaid ten-day period.

(Ord. No. 440, § 10, 6-10-19)

The holder of every building permit for the construction, erection, alteration, repair, or moving of any building, structure, or part thereof, shall notify the building official immediately upon the completion of the work authorized by such permit, for a final inspection.

(Ord. No. 440, § 10, 6-10-19)

Applicants for permits required by this ordinance shall pay to the city, at the time of application for such permit, applicable fees. Fees are set by city council and contained in the city's fee schedule that is updated periodically by resolution of city council.

(Ord. No. 440, § 10, 6-10-19)

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, morals and general welfare of the city. It is not intended by this ordinance to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this ordinance; nor is it intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon heights of buildings or requires larger open spaces or larger lot areas than are imposed or required by such ordinance or agreements, the provisions of this ordinance shall control.

(Ord. No. 440, § 10, 6-10-19)

A.

Any violation of any provision of this ordinance or any permit, license or exception granted hereunder, or any lawful order of the zoning administrator, planning commission, zoning board of appeals, or the city council issued in pursuance of this ordinance shall be a municipal civil infraction. A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this ordinance and any omission or failure to act where the act is required by this ordinance.

B.

The sanction for any violation of this ordinance which is a municipal civil infraction shall be a civil fine as provided in this article, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Act 236 of the Public Acts of 1961, as amended, and other applicable laws.

C.

The zoning administrator, building official, and police officers of the city, are the city officials authorized to issue municipal civil infraction citations and municipal civil infraction notices for violations of this ordinance.

(Ord. No. 440, § 10, 6-10-19)

A.

General:

1.

A person, corporation or firm who, as a result of violating any provision of this ordinance, is responsible for a municipal civil infraction shall pay a civil fine of not less than $50.00 nor more than $500.00, plus costs and other sanctions, for each infraction.

2.

Repeat offenses shall be subject to increased fines set forth below. As used in this section, "repeat offenses" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this ordinance (1) committed by a person, corporation or firm within any 12-month period and (2) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this ordinance shall be as follows:

a.

The fine for any offense which is a repeat offense shall be no less than $150.00 plus costs and other sanctions.

b.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $250.00 plus costs and other sanctions.

B.

Fines for violation notices:

1.

A person, corporation or firm who, as a result of violating any provision of this ordinance, receives a municipal civil infraction violation notice, upon a determination of responsibility thereon, shall pay a civil fine at the City of Swartz Creek Municipal Ordinance Violations Bureau as follows:

a.

$50.00 for the first violation.

b.

$150.00 for the second violation within a 12-month period.

c.

$250.00 for a third violation within a 12-month period.

d.

$500.00 for any subsequent violation within a 12-month period.

(Ord. No. 440, § 10, 6-10-19)

In addition to all other remedies, including the penalties provided in this section of this ordinance, the city may commence and prosecute appropriate actions or proceedings in a court of competent jurisdiction, to retain or prevent any non-compliance with or violation of any of the provisions in this ordinance, or to correct, remedy or abate such non-compliance or violation. Buildings erected, altered, razed or converted, or uses carried on in violation of any provisions of this ordinance or in violation of any regulations made under the authority of the Michigan Zoning Enabling Act (Public Act 110 of 2006), are hereby declared to be a nuisance per se, and the court shall order such nuisance abated.

(Ord. No. 440, § 10, 6-10-19)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Ord. No. 440, § 10, 6-10-19)

Forbearance in enforcement of this ordinance shall not be deemed to condone any violation thereof.

(Ord. No. 440, § 10, 6-10-19)

The owner of any building, structure or premises of part thereof, where any condition in violation of this ordinance shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be liable for the fines and sanctions herein provided.

(Ord. No. 440, § 10, 6-10-19)

A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(Ord. No. 440, § 10, 6-10-19)

Notwithstanding any other provision of this zoning ordinance, the city council may, by resolution, declare a moratorium on the issuance of any permit under this ordinance, the processing of any permit application hereunder, the processing of any rezoning request, the processing of any site plan review, special land use request, or the processing of any other application made under this zoning ordinance.

Such a moratorium may be declared by the city council only under the following conditions:

A.

The city council finds, based on facts appearing in the public record before it, that such a moratorium is necessary to protect the public health, safety and welfare and that no other action short of imposing such a moratorium can adequately protect the public health, safety and welfare;

B.

The moratorium is for a limited period of time, not to exceed six months, but may be extended for no more than one additional six-month period upon a new and separate finding of the facts required by subsection A., above;

C.

The moratorium is limited in its scope and area of application so as to only affect those matters and that area necessary to protect the public health, safety and welfare;

D.

The resolution declaring the moratorium shall be published in a newspaper of general circulation within the city;

E.

The resolution declaring the moratorium shall specify the effective date of such moratorium which may be the date of publication or another date following such publication; and

F.

The resolution declaring the moratorium shall be adopted by a vote of no fewer than five members of the city council.

(Ord. No. 440, § 10, 6-10-19)

A.

General: Any neighborhood organization, public utility company, railroad or any other person may register with the zoning administrator to receive written notice of all applications for development approval or written notice of all applications for development approval within the Zoning District in which they are located. The zoning administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the city council.

B.

Requirements: The requesting party must provide the zoning administrator information on an official form to ensure notification can be made. All registered persons must re-register annually to continue to receive notification pursuant to this section.

(Ord. No. 401, § 11, 5-11-09, eff. 6-15-09; Ord. No. 440, § 10, 6-10-19)