[CC 1996 §430.010; CC 1981 §430.010; Ord. No. 379 §27.24, 7-21-1975]
It shall be the duty of the Building Commissioner to enforce
the provisions of this Chapter. The City Council may deputize one
(1) or more additional members of his/her department, as well as members
of other City departments who have a particular skill or competence,
to act for the Building Commissioner. The term "Building Commissioner", as used elsewhere in this Chapter, shall be deemed
to include such inspectors.
[CC 1996 §430.020; CC 1981 §430.020; Ord. No. 379 §27.24, 7-21-1975]
A. The Building Commissioner shall enforce the provisions of this Chapter by authorizing the issuance of building permits and occupancy permits, by means of field inspections and other duties delineated herein to assure conformance with this Chapter. He/she shall maintain a list and file of all non-conforming uses and developments which are subject to the provisions of Section
405.400 of this Chapter. Upon the advice of the City Attorney, the Building Commissioner shall take appropriate action to ensure that all uses and developments within the municipal limits comply with this Chapter and any ruling made pursuant thereto. The Building Commissioner is authorized to inspect or cause to be inspected any building or structure or any land on which work is in progress and to order the stoppage of any work being done which is in violation of this Chapter. He/she shall inspect or cause to be inspected such premises after work is completed and shall not authorize the issuance of any occupancy permit until final inspection has been made.
B. The
Building Commissioner shall have the power to adopt such administrative
regulations as he/she deems necessary to the carrying out of his/her
enforcement responsibilities. These regulations shall have general
applicability to cases of similar character.
[CC 1996 §430.030; CC 1981 §430.030; Ord. No. 379 §27.24, 7-21-1975]
A. No
building or structure or part thereof shall hereafter be erected,
constructed or enlarged, nor shall any building or structure or land
or part thereof be hereafter occupied or used in any case of establishment
of a new use extension or alteration of a use or conversion from one
to another use, until the Building Commissioner authorizes the issuance
of a proper permit; except that no permit shall be required for the
raising of agricultural crops, orchards or forestry.
B. No
building or structure or part thereof shall be erected, constructed,
reconstructed or enlarged, nor shall any such work be started without
the issuance of a building permit by the Building Commissioner. Said
permit shall state that the permitted construction must comply with
the provisions of the Zoning Code.
C. Except
as hereinabove provided, no land shall be occupied or used and no
building or structure hereafter erected shall be occupied or used,
in whole or in part, for any purpose until an occupancy permit is
issued. Said permit shall state that the structure and use comply
with the provisions of this Chapter. The use of any land, building,
structure or part thereof, now or hereafter erected, shall not be
changed until an occupancy permit is issued. No occupancy permit shall
be issued for a change in use unless such change is in conformity
with the provisions of this Chapter.
[CC 1996 §430.040; CC 1981 §430.040; Ord. No. 379 §27.24, 7-21-1975]
The Planning and Zoning Commission, the Building Commissioner
and/or their authorized representatives are hereby empowered, in the
performance of their functions, to enter upon any land in the City
of Breckenridge Hills for the purpose of making inspections and surveys
or to place and maintain thereon monuments, markers, notices, signs
or placards required to effectuate the purpose and provisions of this
Chapter. All authorized representatives shall be required to present
proper credentials upon demand when entering upon any land or structure
for the purpose of this Chapter.
[CC 1996 §430.050; CC 1981 §430.050; Ord. No. 379 §27.24, 7-21-1975]
A. The
Building Commissioner, his/her deputies or inspectors may cause the
cessation of any erection, construction, reconstruction, alteration,
conversion, maintenance or use in violation of this Chapter by posting
a stop work order stating the nature of the violation.
B. The
Building Commissioner may refer any violation of this Chapter to the
City Counselor for prosecution or other appropriate action when deemed
necessary.
C. The
Department of Police shall aid the Building Commissioner in enforcing
the Zoning Code by posting stop work or stop use notices when requested
by the Building Commissioner.
D. The
owner or agent of a building or premises in or upon which a violation
of any provision of this Chapter has been committed or shall exist;
or the lessee or tenant of an entire building or entire premises in
or upon which any such violation has been committed or shall exist;
or the owner, agent, lessee or tenant of any part of the building
or premises in or upon which any such violation has been committed
or shall exist, or the agent, architect, building contractor or any
other person who commits, takes part or assists in any violation or
who maintains any building or premises in or upon which such violation
shall exist shall, upon conviction, be punishable by a fine of not
less than ten dollars ($10.00) and not more than one hundred dollars
($100.00) for each and every day that such violation continues; but
if the offense be willful, on conviction thereof, the punishment shall
be a fine of not less than one hundred dollars ($100.00) or more than
two hundred fifty dollars ($250.00) for each and every day that such
violation shall continue or by imprisonment for ten (10) days for
each and every day such violation shall continue, or by both such
fine and imprisonment in the discretion of the court. Any such person
who having been served with an order to remove any such violation
shall fail to comply with such order within ten (10) days after such
service or shall continue to violate any provision of the regulations
made under authority of this Chapter in the respect named in such
order shall also be subject to a civil penalty of two hundred fifty
dollars ($250.00).