§ 27-27. Administration, enforcement and fees.

(a)

Administration. The enforcing officer as designated by the city manager shall administer this chapter.

(b)

Duties of the enforcing officer.

(1)

Reserved.

(2)

Every application for a building permit for construction, moving, alteration or change in a type of use or type of occupancy shall be accompanied by a written statement and plans, or plats, drawn to scale, showing the following in sufficient detail to enable the enforcing officer to ascertain whether the proposed work or use is in compliance with the provisions of this chapter, the building code and other city ordinances:

a.

The actual shape, location and dimensions of the lot or building plot with sufficient information to locate the plot on the ground;

b.

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any other buildings or other structures already on the plot;

c.

The existing and intended use of the plot and all structures upon it;

d.

Curb cuts, sidewalks, freestanding signs, paved parking areas, landscaping, fire lanes, marked parking stalls and vehicle circulation provisions;

e.

Such information concerning the plot or adjoining lots or other matters as may be essential for determining whether the provisions of this chapter and other ordinances are being observed.

(3)

If the proposed construction, moving, alteration or use of the land as set forth in the application is in conformity with the provisions of this chapter, the enforcing officer may issue a building permit.

(4)

Issuance of a building permit does not waive any provision of this chapter or any other city ordinance, and a permit issued in error shall be void ab initio.

(5)

The enforcing officer is not empowered to grant any exception to the actual meaning of any clause, order or regulation contained in this chapter.

(6)

The enforcing officer is not empowered to make changes in this chapter or vary the terms of this chapter in carrying out his duties as enforcing officer.

(7)

If any application for such a building permit is not approved, the enforcing officer shall state in writing one (1) or more of the causes for such disapproval.

(c)

Building permits.

(1)

No person shall erect or construct or proceed with the erection or construction of any building or structure; nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure; nor begin excavation for any construction; nor cause any of the foregoing in any zoning district without first applying for and obtaining a permit therefor from the enforcing officer.

(2)

Plans submitted with an application for a building permit shall be reviewed and shall be subject to approval by the city engineer.

(3)

No vacant land shall be occupied and no building or structure hereafter erected or structurally altered, and no change in occupancy of a building, part of a building or land shall be made until after the enforcing officer shall have issued a certificate of occupancy therefor. The certificate of occupancy shall not only state the information as required under the building code, but shall also state that the occupancy authorized is in compliance with the zoning ordinance. Occupancy other than that authorized in the certificate of occupancy shall be unlawful.

(d)

Renewal, change, extension of nonconforming use. No nonconforming use shall be renewed, changed or extended without a building permit or certificate of occupancy authorizing such renewal, change or extension.

(1)

Application for a certificate of occupancy shall be made in writing either coincident with an application for a building permit, or may be applied for directly, and such certificate shall be issued or refused within five (5) days after the enforcing officer has been notified that the building or premises is ready for occupancy.

(2)

No permanent water, sewer, electrical, gas, telephone or other public utility connection shall be made to any land, building, structure or portion thereof until and after a certificate of occupancy has been issued by the enforcing officer.

(3)

Upon request of the owner or authorized representative, the enforcing officer may issue a temporary certificate of occupancy for the temporary use and occupancy of a portion of a building prior to the completion and occupancy of the entire building, provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such permit may be issued for a period not exceeding six (6) months.

(e)

Violations.

(1)

If the enforcing officer shall find that any of the provisions of this chapter are being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith.

(2)

Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. Verbal notice may be given to a violator in person by the enforcing officer or his deputy. Either notice shall be effective.

(3)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of public health, safety, morals and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards, as determined by the enforcing officer, shall govern.

(f)

Fees. Every application for a zone change or variance shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of processing the application. Such application fee shall be based upon average current cost to the city and shall be established and amended by resolution of the city council.

(Code 1965, Ch. 27, §§ 25.1—25.7)

Cross reference

Investigation of applicant for alcoholic beverage permit or license, § 3-5.