This Section contains the regulations pertaining to administration and enforcement of the provisions of this title, issuance of permits and certifications, inspection of property, issuance of stop work and stop use orders, and enforcement of violations of the provisions of this title.

(Ord. No. 1997-6-16-D, Art. 11(11.1), 6-16-1997)

This title shall be administered and enforced by the Building Official, who shall have the following duties with respect to this title:

A.

Shall enforce the provisions of this title. In addition, the Building Official shall enforce all regulations and conditions governing development of any and all projects as permitted by this title, or following approval by the Planning Commission, City Council, or Board of Zoning Appeals.

B.

May determine the actual location of a boundary line between zoning districts, where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the Board of Zoning Appeals.

C.

Shall approve appropriate permits including, but not limited to, building permits, demolition permits and temporary use permits.

D.

Shall examine premises for which permits have been issued. The Building Official shall also investigate matters referred to in this title and render written or oral reports.

E.

May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this title by issuing a stop work or stop use order.

F.

May refer any violation of the Zoning Ordinance to the City Attorney for prosecution or other appropriate action when deemed necessary.

G.

May adopt such administrative policies, in cooperation with the City Council, deemed necessary to the execution of his enforcement responsibilities.

H.

The Building Official shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All papers in connection with building work shall be retained on file so long as any part of the building or structure to which they relate may be in existence. Such records shall be open to public inspection at reasonable hours, but shall not be removed from a permanent place designated by the Building Official.

I.

Shall perform such other related duties as the City Council may from time to time prescribe.

(Ord. No. 1997-6-16-D, Art. 11(11.2), 6-16-1997)

(a)

Temporary Outdoor Displays. The Building Official may permit the temporary outdoor display of merchandise based on the following criteria:

A.

The merchandise shall not be located in a right-of-way or on any other public property.

B.

The area dedicated to the temporary display of merchandise shall not occupy more than five (5) parking spaces or ten (10) percent of the parking spaces available on the site, whichever figure is lower.

C.

Merchandise may be displayed on a sidewalk which is not located within a public right-of-way provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five (5) feet in width. This width shall be measured on a line perpendicular to the edge of the curb.

D.

The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.

E.

The merchandise shall not be displayed on site for a period exceeding fifteen (15) days.

F.

The area covered by the merchandise shall not exceed ten (10) percent of the gross floor area of the principal building on the site.

(b)

Temporary Seasonal Displays and Sales. The temporary display and/or sale of seasonal, grand opening or special promotional merchandise may be approved by the Building Official subsequent to the submittal and approval of an application for such display and/or sale. Such temporary display and/or sale may include, but is not limited to, Christmas tree sales, pumpkin sales, and displays and/or sales of other similar merchandise. Such merchandise may be displayed in the open or under a temporary tent, awning or similar device. The permit approval will be conditioned on a demonstration by the applicant that such temporary seasonal display and/or sale can satisfactorily conform to the following criteria:

A.

The merchandise shall not be located in a right-of-way or on any other public property.

B.

The area dedicated to the temporary display of merchandise shall not occupy more than five (5) parking spaces or ten (10) percent of the parking spaces available on the site, whichever figure is lower.

C.

Merchandise may be displayed on a sidewalk which is not located within a public right-of-way provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five (5) feet in width. This width shall be measured on a line perpendicular to the edge of the curb.

D.

The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.

E.

The merchandise shall not be displayed on site for a period exceeding thirty-five (35) days.

(c)

Festivals. Festivals, circuses, street carnivals, sidewalk sales on sidewalks within a public right-of-way and similar events may be approved by the Building Official subsequent to the submittal and approval of an application for a festival permit. Such festival shall be of limited duration and the public health, safety and general welfare shall be maintained throughout the course of the event. The permit approval will be conditioned on a demonstration by the applicant that such festival can satisfactorily conform to the following criteria:

A.

Special considerations shall be required for any activity occurring in a public right-of-way.

B.

The area dedicated to the festival shall not occupy more than five (5) parking spaces or ten (10) percent of the parking spaces available on the site, whichever figure is lower, unless arrangements for additional parking on-site or within five hundred (500) feet of the site area are specifically outlined by the applicant.

C.

The festival shall not exceed a period of ten (10) days.

(Ord. No. 1997-6-16-D, Art. 11(11.3), 6-16-1997)

(a)

Authorized Representatives. Members of the Planning Commission and Board of Zoning Appeals, the Building Official, and other authorized personnel of the City of Vandalia are hereby empowered in the performance of their functions, to enter upon any land in the City for the purpose of making inspection, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs or placards effecting the provisions of this title. The above authorized persons shall present proper identification upon demand when entering upon any land or structure for the purpose of this title.

(b)

Building Official. The Building Official is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress.

(Ord. No. 1997-6-16-D, Art. 11(11.4), 6-16-1997)

(a)

Building Permits. Building permits shall be required as specified in the City's appropriate building codes. Once a building permit application is submitted, the Building Official shall promptly review it for compliance with the appropriate laws and ordinances of the City. Once a determination has been made that the application complies with all ordinances, the Building Official shall issue the necessary permits. Adequate time shall be allowed for review of the application by the Building Official, but if a building permit is not issued within twenty-one (21) days of the date of application, the applicant may appeal to the City Manager for issuance of the permit.

(b)

Demolition Permits. A demolition permit shall be required prior to demolishing any structure which would require a building permit for erection. The Building Official may issue a demolition permit after application is made to the City and the permit application complies with all appropriate laws and ordinances of the City. Once issued, the applicant shall ensure that the site is maintained in a safe and secure manner while demolition is underway. A demolition permit shall be good for a period of thirty (30) days. A fifteen-day extension may be granted by the Building Official for good cause.

(Ord. No. 1997-6-16-D, Art. 11(11.5), 6-16-1997)

The City Council may establish a schedule of fees, charges, and expenses, and a collection procedure for all permits, applications, certificates, appeals, and other matters pertaining to this title. The schedule of fees shall be on file with the City Clerk, and may be altered or amended from time to time. No permit, certificate, special use, rezoning, approval or variance shall be issued unless or until such costs, charges, fees, or expenses listed in this title have been paid in full, nor shall any action be taken on proceedings before the Planning Commission, Board of Zoning Appeals, or City Council unless or until fees have been paid in full.

(Ord. No. 1997-6-16-D, Art. 11(11.6), 6-16-1997)

(a)

Violation of title. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this title or other regulation made under authority conferred hereby, the proper local authorities of the municipality (including City Council, Planning Commission, Board of Zoning Appeals, City Attorney, Building Official, or any other officer appointed by the City Council), in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by the Building Official, who is empowered to cause any building, structure, place, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this title.

(b)

Penalty. The owner, general agent, lessee or tenant of a building or premises or part of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes parts or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00), with each week that such violation remains uncorrected constituting a separate offense.

(c)

Other Remedies. In addition to the penalties hereinabove authorized and established, the City Attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violations of this title.

(Ord. No. 1997-6-16-D, Art. 11(11.7), 6-16-1997)