[Ord. No. 06-05-01 §301, 5-9-2006]
A. The
Board of Aldermen shall designate a City employee to administer and
ensure compliance of this Chapter. Unless otherwise provided for in
this Chapter, the Planning and Zoning Secretary shall have the following
responsibilities:
1. Receive applications for land subdivision and platting, variances
and appeals; receive applications for amendments to this Chapter and
issue permits for street excavations, sanitary sewer permits. The
City Building Inspector will authorize building permits and other
permits as required by this Chapter.
2. Interpret the provisions of this Chapter in connection with the above
prescribed duties and other duties as may be prescribed by the Board
of Aldermen in administration of this Chapter.
3. Maintain records of official actions of the Planning and Zoning Commission.
[Ord. No. 150, 1-23-2018]
A. The
City of Fair Grove has the authority to approve a property line adjustment
under the following circumstances:
1. The configuration of the property was created by a court decree or
other resulting from testamentary or intestate provisions; or
2. Upon a finding by the City of Fair Grove that the proposed property
line adjustment is in compliance with all other provisions of this
Article, the zoning ordinance and other ordinances and regulations
of the City of Fair Grove and no substandard tract, parcel or lot
will be created, and that the property line adjustment does not cause
any private sewer lateral serving any property to cross another property;
including any other utility; and
[Ord. No. 168, 11-13-2018]
a. The property line adjustment is necessary to settle a property line
dispute as determined by the City of Fair Grove; or
b. The property line adjustment is necessary to correct an encroachment
of a structure on a property line as determined by the City of Fair
Grove; or
c. The property line adjustment is necessary to meet the minimum requirements
of this Article, the zoning ordinance or other applicable ordinances
or regulations; or
d. The property line adjustment is requested by both adjacent property
owners to adjust their common property line provided the adjustment
causes no encroachment of either driveway or other structure.
[Ord. No. 06-05-01 §302, 5-9-2006]
A. Inspections Authorized. The City Building Inspector
is authorized to make inspections on all buildings, structures, premises
or construction, installation or repair of public improvements within
the City limits to determine compliance with the requirements of this
Chapter. The City Inspector shall have the authority to enter or conduct
such inspection at any reasonable hour upon request of or with permission
of the owner, developer, or person engaged in construction, installation
or repair of all buildings, structures, premises or public improvements
within the City limits, or with an administrative warrant when and/or
where applicable.
[Ord. No. 107 §4, 4-28-2015]
B. Inspections For Sanitary Sewer. Not withstanding the provisions of Subsection
(A), the following shall apply for inspections of sanitary sewer within the City limits:
1. Powers and authority. The Sewer Contractor or City
Inspector are authorized to enter all properties for the purposes
of inspection, observation, measurement, sampling and testing in accordance
with the provisions of this Chapter. The Sewer Contractor or City
Inspector shall have no authority to inquire into any processes including
metallurgical, chemical, oil, refining, ceramic, paper or other industries
beyond that point having a direct bearing on the kind and source of
discharge to the sewers or waterways or facilities for wastewater
treatment.
2. Easement permitting entry for inspection. The City
Inspector or duly authorized representatives of the City shall be
permitted to enter all private properties through which the City holds
a duly negotiated easement for the purpose of, but not limited to,
inspection, observation, measurement, sampling, repair and maintenance
of any portion of the sewer works lying within said easement. All
entry and subsequent work on said easement shall be done in full accordance
with the terms of the duly negotiated easement pertaining to the private
property involved.
C. Notification Required For Inspections. It shall be the responsibility
of the developer, owner or person engaged in the construction, installation
or repair of any public improvements or utilities to obtain all necessary
permits and inspections. Unless otherwise specified under other provisions
of this Chapter, a minimum of forty-eight (48) hours' notice shall
be given to the City prior to the commencement of any construction,
installation or repair activity requiring inspection.
[Ord. No. 06-05-01 §303, 5-9-2006]
A. Persons Liable. Any person, firm, partnership or corporation
who fails to comply with or violates any of the regulations in this
Chapter may be held responsible for the violation and be subject to
the penalties and remedies herein provided.
B. Stop Work Order. Whenever any work is being done on any
property within the corporate limits of Fair Grove that is in violation
of the requirements of this Chapter, the City may order the work to
be stopped and may revoke all permits and certificates previously
issued by the City and cause all said work to stop. The penalties
proscribed herein for violation shall continue for each day until
the violation is remedied.
C. Penalties.
1. No owner or agent of the owner, of any land located within the corporate
limits of the City, knowingly or with intent to defraud, may transfer,
sell, agree to sell or negotiate to sell land by a reference to or
by other use of a plat or any purported subdivision of land before
the plat has been approved by the Commission or Board of Aldermen
and recorded in the Greene County Registry. Any person violating the
provisions of this Section shall forfeit and pay to the City a penalty
not to exceed three hundred dollars ($300.00) for each lot transferred
or sold or agreed or negotiated to be sold. The description by metes
and bounds in the instruments of transfer or other documents used
in the process of selling or transferring shall not exempt the transaction
from this penalty. The City may enjoin or vacate the transfer or sale
or agreement by legal action and may recover the penalty in such action.
2. Violations of this Chapter or failure to comply with any of its requirements
shall constitute a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100.00) nor more than five hundred dollars ($500.00)
or confinement in the County Jail for a period of not more than one
(1) year, or by both such fine and confinement, and the City may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action.
3. Each day that any such violation continues after written notification
by the City, delivered by certified mail, that such violation exists
shall be considered a separate offense for purposes of the penalties
and remedies specified herein.