Williston City Zoning Code
SECTION 26
Administration and enforcement.
[Ord. No. 613, Ord. No. 629, Ord. No. 716, Ord. No. 839, Ord. No. 850, Ord. No. 864, Ord. No. 959, Ord. No. 1007, Ord. No. 1018]
A.
Administrative official. The Building Official is designated by the City Commission to enforce this ordinance. The City Planner is designated by the City Commission to administer this ordinance. They may be provided with the assistance of such other persons as the City Commission may direct.
If the Building Official shall find that any of the provisions of this ordinance are being violated, the Building Official shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Building Official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provision.
B.
Extension of code to extraterritorial jurisdiction. All Building and Fire Codes, Ordinances, and Regulations, provisions or chapters and any and all amendments thereto; Ordinance No. 574, also known as the Subdivision Regulations of the City of Williston and any and all amendments thereto which has been incorporated as Appendix C to the Williston Code of Ordinances;
Ordinance No. 972, also known as the Stormwater Ordinance, and any and all amendments thereto; and Resolution #13-127 and any and all amendments or modifications thereto, are hereby made applicable to all construction and development within the extraterritorial jurisdiction of the City of Williston for the purpose of promoting health, safety and welfare and to ensure proper and adequate planning and development is completed to coincide with the goals of the City within the extraterritorial jurisdiction of the City, which shall specifically include, but not be limited to, the following Ordinances:
3.
Ordinance No. 574, also known as the Subdivision Regulations of the City of Williston and any and all amendments thereto; and
4.
Ordinance No, 972, also known as the Stormwater Ordinance, and any and all amendments thereto; and
5.
Resolution #13-127, also known as Policy for Workforce Housing Facilities, and any and all amendments or modifications thereto.
C.
(Reserved)
D.
Building permits required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit, issued by the Building Official. Except as exempted below, no building or structure regulated by this ordinance or the State Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. No building permit shall be issued by the Building Official except in conformity with the provisions of this ordinance unless the Building Official has received a written order from the Board of Adjustments in the form of an administrative review, special permitted use, or variance as provided by this ordinance. (See generally Section 27 and 28). In accordance to the State Building Code, a building permit shall not required for the following:
1.
One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet.
2.
Fences not over seven feet high.
3.
Movable cases, counters, and partitions not over five feet nine inches high.
4.
Retaining walls which are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, and III-A liquids.
5.
Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.
6.
Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below.
7.
Painting, papering, and similar finish work.
8.
Temporary motion picture, television and theater stage sets and scenery.
9.
Window awnings supported by an exterior wall of Group R, Division 3, and Group M occupancies when projecting not more than 54 inches.
10.
Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons.
Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items.
Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Building permits or Certificates of Occupancy issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be a violation of this ordinance, and punishable as provided by Section 26.E hereof.
E.
Certificate of occupancy. It shall be unlawful to use, occupy, or permit the use or occupancy of any building, land, water, or combination, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure, until a Certificate of Occupancy shall have been issued by the Building Official stating that the proposed use of the building or land conforms to the requirements of this ordinance.
The Building Official shall maintain a record of all Certificates of Occupancy, and a copy shall be furnished upon request to any person.
Failure to obtain a Certificate of Occupancy shall be a violation of this ordinance and punishable under Section 26.E of this ordinance.
F.
Penalties for violations. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a verbal or written complaint. Such complaint, stating fully the cause and basis thereof, shall be filed with the Building Official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.
If any building or structure is erected, reconstructed, repaired, altered, enlarged, converted, maintained, or moved; or if any building, structure, or land is used in violation of this ordinance, the Building Official shall order in writing, the correction of such violation.
The Building Official, City Attorney, or other official designated by the City Commission may institute appropriate action or proceedings for the purpose of:
1.
Prosecuting any violation.
2.
Restraining, correcting, or abating such violation.
3.
Preventing the occupancy of any building, structure, or land in violation of this ordinance.
4.
Preventing any illegal act, conduct, business, or use in or about any buildings, structure or land in violation of this ordinance.
Any person, firm, or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine or penalty not to exceed $1,500 or by imprisonment not to exceed 30 days, or both such fine and imprisonment. The Court shall have the power to suspend said sentence and to revoke suspension thereof. Each day any violation shall exist shall constitute a separate offense.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
G.
Schedule of fees. The City Commission shall establish a schedule of fees, pertaining to this ordinance. The schedule of fees shall be posted in the office of the Building Official, and may be altered or amended only by the City Commission.
Until all applicable fees have been paid in full, no action shall be taken on any application.