City of Edmundson, MO Article XI Administration and Enforcement

Section 405.815 Scope of Provisions.

[CC 2001 §405.815; Ord. No. 856 §12.14(1), 6-11-1987]

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

Section 405.820 Administration.

[CC 2001 §405.820; Ord. No. 856 §12.14(2), 6-11-1987]

A. Except where herein otherwise stated, the provisions of this code shall be administered by the Building Official, or by deputies of his/her department as the Board may designate, to enforce provisions of this code.

B. The Building Official (or his/her authorized representative) is hereby empowered in performance of its functions to enter upon any land in the City for the purpose of making inspections, examinations and surveys or to place and maintain thereon markers, notices or signs required to effect provisions of this code. The above authorized person shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Article.

Section 405.825 Duties of The Building Official.

[CC 2001 §405.825; Ord. No. 856 §12.14(3), 6-11-1987]

A. The Building Official shall have the power to grant certificates of occupancy, building permits, and to make inspections of buildings or premises necessary to carry out his/her duties in the enforcement of this code.

B. It shall be improper for the Building Official to approve plans or issue any permits or certificates for any excavation or construction until he/she has inspected such plans in detail and found them to conform with this code, nor shall the Building Official vary or change any terms of this code.

C. If the Building Official shall find that any of the provisions of this Code are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and stating the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings; structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this code to insure compliance with or to prevent violation of its provisions.

Section 405.830 Permits, Orders and Certifications.

[CC 2001 §405.830; Ord. No. 856 §12.14(4), 6-11-1987; Ord. No. 1220 §1, 4-8-2004; Ord. No. 1225 §1, 6-10-2004]

A. Building Permits.

1. It shall be unlawful to commence or to proceed with the erection, construction, 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 for a building permit to do so and a building permit has been granted therefor. Primary responsibility for securing the necessary permits shall be the property owner's.

2. However, 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 by the property owner prior to any work being initiated. In the event that work is initiated without the proper permits having been secured, both the property owner and the contractor shall be liable for the penalties set out within this Article.

3. Blank forms shall be provided by the Building Official for the use of those applying for permits as provided in this code. Any permits issued by the Building Official shall be on standard forms for such purpose. There shall be a separate permit for each building or structure to be constructed, altered or erected except for accessory buildings which may be included in the permit for the principal building when construction is simultaneous.

4. Any building permit under which no construction work has been commenced within six (6) months after the date of issuance of said permit or under which proposed construction has not been completed within six (6) months of the time of issuance shall expire by limitation.

B. Voiding Of Building Permit. A permit may be revoked by the Building Official at any time prior to the completion of the building or structure for which the same was issued, when it shall appear to him/her 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 code are being violated. Written notice of such revocation shall be served upon the owner, his/her agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop work order, which shall be posted in a prominent location, and thereafter no such construction shall proceed.

C. Occupancy Permits.

1. In general. No building or structure or part thereof shall hereafter be constructed, altered or occupied until issuance of a proper permit. No new use, extension, alteration or change of occupancy 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. 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 code. This Section shall apply equally to owners of premises and to lessees or occupants of premises who shall be equally responsible for obtaining the proper occupancy permit as referenced herein.

2. "C-1" commercial occupancy permits. No commercial building or structure or part thereof shall hereinafter be constructed or altered until issuance of a proper permit. No change of occupancy, new use, extension or alteration of an existing commercial use in a commercial building or structure, or conversion from one use to another shall be allowed in any commercial building or structure or on land zoned commercially or part thereof until issuance of a commercial occupancy permit. No application for a commercial occupancy permit shall be accepted by the City before a determination is made as to the proposed use being an acceptable use or an approved use pursuant to the City of Edmundson Zoning Code. Further, before any commercial occupancy permit is approved, the applicant shall obtain and provide to the City evidence that the premises have passed a structural inspection conducted by the appropriate authority and that the premises have passed all inspections by the appropriate fire district. No commercial occupancy permit shall be issued for any use or change in use unless the use or change in use is in conformity with the provisions of this code.

D. Voiding Of Occupancy Permit. Any occupancy permit granted under this code shall become null and void unless construction and/or use is commenced within one hundred eighty (180) days and construction completed within three hundred sixty (360) days of the date of issuance.

E. Stop Work Orders. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this code 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 his/her agents or to the person doing the work, in the case of a stop work order, stating the nature of the violation.

F. 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 code and punishable as provided by Article XIII herein.

Section 405.835 Entry and Inspection of Land and Buildings.

[CC 2001 §405.835; Ord. No. 856 §12.14(5), 6-11-1987]

A. The Planning and Zoning Commission or its authorized representatives are hereby empowered in the performance of their functions to enter upon any land in Edmundson for the purpose of making inspection, examinations and surveys, or to place and maintain thereon monuments, markers, notices, signs or placards to place in effect the provisions of this code. The above authorized person(s) shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this code.

B. 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.

Section 405.840 Fees, Charges and Expenses.

[CC 2001 §405.840; Ord. No. 856 §12.14(6), 6-11-1987; Ord. No. 915 §1, 4-17-1990; Ord. No. 970 §1, 12-10-1992; Ord. No. 1030 §1, 2-9-1995]

A. 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 code. The schedule of fees shall be posted in the office of the Building Official and may be altered or amended only by the Board of Aldermen. No permit, certificate, conditional use, approval or variance shall be issued unless or until such costs, charges, fees or expenses listed in this code have been paid in full, nor shall any action be taken on proceedings before the Board of Aldermen unless or until fees have been paid in full.

B. Zoning Changes, New Plats, Variances. Applicants for zoning changes, new plats and variances shall reimburse to the City all the City's costs for legal notices, publication, consulting engineer and legal costs and stenographic, mailing and copying costs connected with such application, approval request or variance. On application for building permits and on other types of applications, the above sums shall be deposited with the City of Edmundson prior to any action being taken on any application. The fee to be paid to the City of Edmundson shall be as follows:

1. From one dollar ($1.00) up to and including ten thousand dollars ($10,000.00) of proposed cost of the project — one hundred dollars ($100.00);

2. For all amounts over ten thousand dollars ($10,000.00) up to and including five hundred thousand dollars ($500,000.00) of the proposed cost of the project — five percent (5%) of said proposed cost;

3. For all amounts over five hundred thousand dollars ($500,000.00) up to and including one million dollars ($1,000,000.00) of the proposed cost of the project — three percent (3%) of said proposed cost;

4. For all amounts over one million dollars ($1,000,000.00) of the proposed cost of the project — one percent (1%) of said proposed cost.

Any amount not utilized by the City shall be returned to the applicant.

C. Purpose Of Escrow Fees. Subsection (B) of this Section, derived from Ordinance No. 970 which sets out a fee (based on a set schedule) to be paid to the City of Edmundson upon an application for a building permit or other types of applications for zoning changes, new plats and variances, is hereby amended so as to clarify the purpose of said fee. The purpose of said fee is to provide a deposit for the City of Edmundson's cost in processing the application for zoning change, new plats and/or variances, for those exact costs that the City will incur for legal notices, publications, consulting engineers, legal counsel fees, stenographic costs, mailing costs and copying costs, as well as other expenses and fees connected with such application.