In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements adopted for the promotion of public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law relating to the use of buildings or premises or relating to the erection, construction, establishment, alteration or enlargement of any buildings or improvements, except to the extent any existing provisions conflict with or are inconsistent with the valid provisions of this ordinance, and to that extent and no more, the same are hereby repealed. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between private parties, but where zoning provisions of this ordinance are more restrictive than any existing private restrictive covenant affecting any portion of the incorporated area of the city, said zoning provisions shall prevail over said private covenant. It is specifically intended, however, that none of the provisions of this ordinance amend, alter or affect in any manner ordinance 146 of the city of Tombstone. (Ord. 168)

   A.   Enforcement By Building Inspector: It shall be the duty of the building inspector with the aid of the police department to enforce this ordinance in accordance with the administrative provisions of the building code and this ordinance.

   B.   Filing Plans: All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be occupied, the exact size and location of the lot, of the buildings and accessory buildings existing, and the lines within which the building or structure shall be erected, altered or placed, the existing and intended use of each building or part of building, the number of families or housekeeping units the building is designated to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One copy of such plans shall be returned to the owner when such plans shall have been approved by the building inspector.

All dimensions shown in these plans relating to the location and size of the lot to be occupied shall be based on an actual survey. The lot and the location of the building thereon shall be staked out on the ground before the construction or placement is started. (Ord. 168)

   A.   No land or building shall be occupied or used, and no building shall be constructed, reconstructed, altered, repaired, used, located or changed in use until a temporary certificate of occupancy shall have been issued by the building inspector. Such certificate shall state that such building or premises, or a part thereof, and the proposed use thereof are in conformity with the provisions of this title. It shall be the duty of the building inspector to issue a final certificate of occupancy, after construction, reconstruction, location, alteration, repair, use or change in use shall have been completed, provided that he is satisfied with the building or premises, and the proposed use thereof, conform with all the requirements of this chapter.

The building inspector shall not issue a permit for excavations for foundation or construction of any sort, before a temporary certificate of occupancy for a part of the building, certificate of occupancy shall have been issued.

   B.   Under such rules and regulations as may be established by him, the building inspector may issue a temporary certificate of occupancy for a part of the building.

   C.   Upon written request from the owner or tenant, the building inspector shall issue a certificate of occupancy for any building or premises existing at the time of enactment of this chapter, certifying after inspection, the extent and kind of use of the building or premises and whether such use conforms to the provisions of this chapter. (Ord. 168)

   D.   Prior to moving a "mobile home", as defined in this title, onto a lot in an area zoned "MH-1 mobile home zone", or, on a lot zoned other than MH-1 where a variance has been granted by the board of adjustment and appeals for the occupancy of a mobile home; the owner thereof shall obtain a temporary certificate of occupancy from the city building inspector. The building inspector will ensure that the owner is familiar with the provisions of chapter 4 of this title. The fee for this temporary certificate of occupancy shall be ten dollars ($10.00). The issuance of this temporary certificate of occupancy does not obliterate the necessity for a regular building permit prior to any work as set forth above. (Ord. 76-77-04, 9-13-1976)

Any person violating, disobeying, omitting, neglecting or refusing to comply with or resisting the enforcement of any of the provisions of this ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 168)

In case a building or structure is erected, constructed, reconstruction, located, altered, repaired, converted or maintained, or any building, structure or land is used in violation of Arizona law applicable to the city of Tombstone, or of the provisions of this ordinance, the city attorney in addition to other remedies, shall institute any appropriate action or proceedings to prevent such unlawful erection, construction, placement, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violations, to prevent the occupancy of such buildings, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

The building inspector shall report all violations of this ordinance, coming to his attention, to the city attorney immediately. (Ord. 168; amd. Ord. 02-69-70, 4-30-1970)