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Ventura City Zoning Code

CHAPTER 172

ZONING - ADMINISTRATION AND ENFORCEMENT

172.01 COMPLIANCE.

   No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a permit and without full compliance with the provisions of this Zoning Code and all other applicable local, County and State regulations.

172.02 ZONING ADMINISTRATOR DUTIES.

   The Council shall appoint a Zoning Administrator and it shall be the duty of said Administrator to enforce this Zoning Code. The Zoning Administrator may be a person holding other public office in the City. The duties of Zoning Administrator include the following:
   1.   To issue all permits required by this Zoning Code.
   2.   To cause any building, structure, land, place or premises to be inspected and examined and to order in writing the remedy of and condition found to exist therein in violation of any provision of this Zoning Code.
   3.   To act as advisor to the Board of Adjustment and to carry out and enforce any decisions or determinations of such Board.
   4.   It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator, and that recourse from the decision of the Board of Adjustment shall be in the courts as provided by law and particularly by statute.

172.03 PERMITS.

   It is unlawful to commence or to proceed with the erection, construction, reconstruction, alteration, enlargement, extension or moving of any building, structure or any portion thereto without first having applied in writing to the Zoning Administrator for a building permit to do so and until a building permit has been granted therefor. Every application for a building permit shall be in writing and delivered to the Zoning Administrator, and shall be accompanied by a detailed set of plans in duplicate, showing the size of the proposed building or structure, its location on the lot, the materials of which it is to be constructed, and the details and type of construction to be used. Upon the issuance of a permit one set of said plans may be retained by the Zoning Administrator and one set shall be returned to the applicant. The Zoning Administrator may, at said official’s own discretion, permit the substitution of a written statement covering the essential information required in place of said plans. Blank forms shall be provided by the Zoning Administrator for use of those applying for permits as provided in this chapter. Any permits issued by the Zoning Administrator shall be on standard forms for such purpose and shall be furnished by the City. A careful record of all such applications and permits shall be kept in the office of the Zoning Administrator. The fees to be charged for building permits from and after the effective date of this chapter shall be as follows:
BUILDING PERMIT FEE SCHEDULE
TOTAL VALUATION
FEE
BUILDING PERMIT FEE SCHEDULE
TOTAL VALUATION
FEE
$0 to $2,000.00
$20.00
$2,001.00 to $5,000.00
$40.00
$5,001.00 to $10,000.00
$60.00
$10,001.00 to $15,000.00
$80.00
$15,001.00 to $20,000.00
$100.00
$20,001.00 to $25,000.00
$120.00
$25,001.00 to $30,000.00
$140.00
$30,001.00 to $35,000.00
$160.00
$35,001.00 to $40,000.00
$180.00
$40,001.00 to $45,000.00
$200.00
$45,001.00 to $50,000.00
$220.00
$50,001.00 to $55,000.00
$230.00
$55,001.00 to $60,000.00
$240.00
$60,001.00 to $65,000.00
$250.00
$65,001.00 to $70,000.00
$260.00
$70,001.00 to $75,000.00
$270.00
$75,001.00 to $80,000.00
$280.00
$80,001.00 to $85,000.00
$290.00
$85,001.00 to $90,000.00
$300.00
$90,001.00 to $95,000.00
$310.00
$95,001.00 to $100,000.00
$320.00
Any Portion Over $100,000.00
$2.00 per $1,000.00
 
   Any building permit under which no construction work has been commenced within six months after the date of issuance of said permit, or under which the proposed construction has not been completed within two years of the date of issue, shall expire by limitation; and no work or operation shall take place under such permit after such expiration. A permit in writing shall be issued by the Zoning Administrator when the application and the investigation thereof indicates compliance by the applicant with all the provisions of this Zoning Code and all other controlling ordinances of the City and the laws of the State of Iowa. Final inspection will be conducted two years after the building permit has been issued.

172.04 VIOLATIONS.

   It is unlawful to construct any structure or building, or to make use of any land or building in violation of the provisions of this chapter. In case of any violation, the City may institute appropriate action or proceedings to enjoin a violation of this chapter. These actions could include, but are not limited to, the following:
   1.   Stop Orders.  The City may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the City to proceed.
   2.   Extra Fees. In the event that work has commenced without first obtaining a permit, the permit fee shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work.
   3.   Penalties. Violations of these buildings regulations may be punishable as provided in Section 1.14 or as a municipal infraction in accordance with Chapter 3 of this Code of Ordinances. Each day a violation continues shall be considered a separate offense. Nothing herein shall prevent the City from taking such other legal action as is necessary to prevent any violation.
   4.   Other Penalties. In addition to other remedies provided by law, the City may institute injunction, mandamus, abatement or any other appropriate action, actions, proceedings or proceedings to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
   5.   Abatement. The imposition of any other prescribed penalty shall not preclude the City from instituting appropriate actions or proceedings to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; or to restrain, erect or abate a violation; or to prevent the occupancy of a building, structure or premises.

172.05 AMENDMENTS AND CHANGES.

   The Council may, on its own motion or on petition, after public notice and hearing as provided by law, and after report by the Planning and Zoning Commission, amend, supplement or change the boundaries or regulations herein or subsequently established. Any owner or owners of property may present a petition, duly signed and verified, requesting an amendment, supplement or change in the regulations prescribed for a district or part thereof. Such petition shall be signed by the owners of at least 50 percent of the property within 200 feet therefrom, and said petition shall be filed with the Planning and Zoning Commission. The Commission shall make a report to the Council within 60 days from the date of receipt of such petition. In case of a protest against any proposed amendment or change signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths of all members of the Council.