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Union Point City Zoning Code

ARTICLE XI

- ENFORCEMENT AND ADMINISTRATION

Sec. 11.1. - Zoning enforcement officer.

The provisions of this ordinance shall be administered and enforced by the building inspector. The building inspector's duties shall include (a) applications for building permits and certificates of occupancy; (b) issuing building permits and certificates of occupancy; (c) inspecting premises for compliance with the terms of this ordinance; and (d) notifying the owner of any violation.

Cross reference— Officers and employees, § 2-61 et seq.

Sec. 11.2. - Building permit required.

It shall be unlawful for any building to be located, erected, moved, added to or structurally altered in excess of $500.00 building or alteration cost without obtaining a building permit issued by the building inspector. No building permit shall be issued except in conformity with the provisions of this ordinance.

Sec. 11.3. - Application for building permit.

All applications to the building inspector for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less than one-eighth of an inch equal to one foot, showing:

11.3.1 The actual dimensions of the lot to be built upon;

11.3.2 The street(s) which abut the property;

11.3.3 The size of the building on the lot;

11.3.4 The location of the building on the lot;

11.3.5 The location of existing structures on the lot, if any;

11.3.6 The existing or proposed use of each building or part of the building;

11.3.7 The setback lines of buildings on adjoining lots;

11.3.8 The layout of off-street parking and loading space; and

11.3.9 Such other information as may be essential for determining whether the provisions of this ordinance are being observed.

One copy of such plans shall be returned to the owner or agent when such plans shall have been approved by the building inspector. The lot and location of the building thereon shall be staked out on the ground and approved by the building inspector before starting any construction.

If the proposed excavation, filling or construction as set forth in the application are in conformity with the provisions of this ordinance and other ordinances of the city then in force, the building inspector shall issue a building permit upon payment of the required fee.

If a building permit is refused, the building inspector shall state the cause of the refusal in writing within three working days after such refusal. Construction shall be started within six months from the date of issuance of the building permit or the permit shall be revoked. Record of application and plats or plans shall be kept by the building inspector.

Sec. 11.4. - Construction progress.

Any building permit issued shall become invalid unless the work authorized by the permit shall have been commenced within six months of the date of issue or if the work authorized by the permit is suspended or abandoned for a period of one year.

Sec. 11.5 - Certificate of occupancy required.

A certificate of occupancy issued by the building inspector is required in advance of occupancy or use of:

[1]

A building hereafter erected;

[2]

A building hereafter altered so as to affect the front, side or rear yards thereof or its height;

[3]

A building or premises in which there is a change of use;

[4]

A building moved from one location to a second location where that building will house persons or property.

[5]

A building which has not been occupied within the preceding 12 months; or

[6]

Any nonconforming use that is existing at the time of enactment of this ordinance or an amendment thereto that is changed, extended, altered, or rebuilt thereafter. The certificate of occupancy shall state specifically where the nonconforming use fails to meet the provisions of the ordinance.

Within three working days after the application for a certificate of occupancy, a final inspection of the property in question shall be made.

The building inspector shall issue a certificate of occupancy if the building is found to conform to the provisions of this ordinance and if the final construction complied with the plans submitted for the building permit.

A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

Sec. 11.6. - Penalties for violation.

Any person, firm, or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished for each offense according to law. Each day such violation continues shall be considered as a separate offense.

Sec. 11.7. - Remedies.

In the event any building is erected, constructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this ordinance, the building inspector, or any appropriate town [city] authority or any person who would be damaged by such violation may institute injunction, mandamus, or other appropriate action or proceeding to prevent the violation in the case of each building or land use.

Sec. 11.8. - Inspections.

The building inspector has the power to make inspections of buildings (their construction and use) and the land (its use development and subdivision) to determine if they conform to the requirements of this ordinance. If the building inspector shall determine that any such building or land does not conform to this ordinance, he/she shall notify the owner thereof in writing of the manner in which such building or land does not conform and the owner shall have 60 days in which to remedy the conditions therein specified; provided, however, that the building inspector may, at his/her discretion, extend the time for compliance with any such notice.