This article contains the regulations pertaining to administration and enforcement against violators of the provisions of this chapter, issuance of permits and certifications, inspection of property, and issuance of stop work orders, stop use orders, and enforcement against violators of the provisions of this chapter.

(Code 2006, § 405.500; Code 2008, § 405.500; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

This chapter shall be administered and enforced by the community development director or the building official who shall have the following duties with respect to this chapter:

(1)

May designate one or more additional members of the building or planning department, as well as members of other city departments, to act as his authorized representative.

(2)

Shall review and approve building permits, relative to zoning regulations.

(3)

Shall review and approve requests for occupancy or other appropriate permits.

(4)

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

(5)

May adopt such administrative policies as deemed necessary to carry out his enforcement responsibilities, which policies shall have general applicability to cases of similar character.

(6)

May interpret the location of a boundary line between zoning districts, where such line does not coincide with a property line or district boundary line or is otherwise unclear. Such interpretation shall be subject to appeal before the board of adjustment in accordance with city ordinances.

(7)

May refer any violation of the zoning regulations to the city attorney for prosecution or other appropriate action when deemed necessary.

(8)

May exercise any other authority granted by the provisions of this chapter or other city ordinances.

(Code 2006, § 405.505; Code 2008, § 405.505; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, § 1, 8-24-2011)

(a)

Building permits.

(1)

It is unlawful to commence or to proceed with the erection, construction, major reconstruction, conversion, alteration, enlargement, extension, razing or moving of any building or structure or any portion thereof without first having applied in writing to the building official/community development director for a building permit, and a building permit has been granted therefor. However, this requirement shall not be interpreted as including normal maintenance or minor repair of existing structures. Primary responsibility for securing the necessary permits shall be the property owner's.

(2)

If the property owner should contract part or all of the proposed work, it shall become the responsibility of the person or firm hired to ensure that all required permits and approvals have been secured prior to any work being initiated.

(3)

Forms shall be provided by the community development director for the applicants of permits as provided in this chapter. Any permits issued by the building official/community development director shall be on standard forms for such purpose. The board of aldermen has created a separate permit for each building or structure to be constructed, altered or erected except for accessory buildings or structures which may be included in the permit for the principal building when construction is concurrent. The applicant's copy of the permit shall be prominently posted at the site of the proposed work.

(4)

Any building permit under which no construction work has been commenced within six months after the date of issuance of the permit or under which proposed construction has not been completed within one year of the time of issuance shall expire.

(b)

Voiding of building permit. A permit may be revoked by the building official/community development director at any time prior to the completion of the building or structure for which the same was issued, when it shall appear that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation, or that any provisions of this chapter are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop work order, that shall be posted in a prominent location, and thereafter no such construction shall proceed.

(c)

Occupancy permits.

(1)

No building or structure or part thereof shall be constructed or altered until issuance of a proper permit. No new use, extension or alteration of an existing use, or conversion from one use to another, shall be allowed in any building, structure or land or part thereof until issuance of a proper permit; except that no permit shall be required for the raising of agricultural crops, orchards or forestry. No occupancy permit shall be issued for any use or change in use unless such use or change in use is in conformity with the provisions of this chapter.

(2)

When the occupancy of a building, structure, land or portion thereof changes by lease, or rent, a new occupancy permit shall be required; provided, however, for any multi-family residential rental property where the individual rental units are routinely inspected by the city fire protection district, the state division of senior services or the U.S. Department of Housing and Urban Development, such property shall be exempt from obtaining an occupancy permit from the city building division.

(3)

Prior to the issuance of a new or renewed merchant's license, an occupancy permit shall be issued or renewed.

(d)

Temporary certificates of occupancy. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building official/community development director for a period not exceeding six months during completion of alterations not deemed to endanger health and safety, or for partial occupancy of a building pending its completion.

(e)

Certificate of occupancy for land. Certificate of occupancy for the use of vacant land or the change in the character of the use of land shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of these regulations.

(f)

Certificate of occupancy; contents; records. Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building official/community development director and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. A fee for a certificate of occupancy shall be charged as approved.

(g)

Grading permit. It is unlawful for any person to clear, grade, excavate, fill, remove topsoil from, or change the contour of any land which will alter the natural drainage of stormwater or cause a public nuisance within the city unless a plan for such work has been submitted to the building official/city engineer for review and approval, and a permit therefor has been issued. Sites to be graded exceeding 20,000 square feet in area shall submit a grading plan to the city engineer compliant with provisions of chapter 515, as applicable. The following exceptions to this requirement shall apply:

(1)

Any reconstruction, repair or alteration of any existing building or structure when no land, trees, shrubs, grass, or other vegetation is to be disturbed, destroyed or removed.

(2)

The planting, trimming, pruning or removal of trees, shrubs, grass, weeds, vegetation, ground cover or other plant material in accordance with the landscape element of an approved site plan in accordance with article VII of this chapter, or when such actions are incidental to, and part of, the normal maintenance of land and property in the city.

(h)

Voiding of occupancy permit. Any occupancy permit granted under this chapter shall become null and void unless construction or use is commenced within 180 days and construction completed 360 days of the date of issuance.

(i)

Stop work orders. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this chapter may be effected by posting a stop work or stop use notice on the premises or by notice in writing to the owner of the property involved or to the owner's agent or to the person doing the work, in the case of a stop work order, stating the nature of the violation.

(j)

Compliance with permits and certificates. Permits or certificates issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by article XI of this chapter.

(Code 2006, § 405.510; Code 2008, § 405.510; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, §§ 1, 4, 8-24-2011; Ord. No. 3247, § 3, 9-26-2012; Ord. No. 3400, § 2, 7-23-2014)

(a)

The building official/community development director or his authorized representatives are hereby empowered, to the fullest extent of the law, in the performance of their duties, to enter upon any land in the city for making inspection, examinations and surveys or to place and maintain thereon monuments, markers, notices, signs or placards in order to effect the provisions of this chapter. The above-authorized persons shall be required to present proper credentials upon demand when entering upon any land or structure for this chapter.

(b)

The building official/community development director is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress.

(Code 2006, § 405.515; Code 2008, § 405.515; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, § 1, 8-24-2011)

The board of aldermen shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the building official/community development director and may be altered or amended only by the board of aldermen. No permit, certificate, conditional use, special use, approval or variance shall be issued unless and until such costs, charges, fees or expenses listed in this chapter, as well as any delinquent city taxes as set forth in section 140.210 (including fees, penalties, commissions and other charges), have been paid in full, nor shall any action be taken on the proceedings before the board of aldermen, planning and zoning commission or the board of adjustment, unless or until such costs, charges, fees, expenses or taxes have been paid in full.

(Code 2006, § 405.520; Code 2008, § 405.520; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1200, § 9, 12-22-1993; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 2445, § 2, 1-12-2006; Ord. No. 3177, § 1, 8-24-2011)