[Ord. No. 374 §1, 10-21-2002; Ord. No. 445 §2, 3-21-2005]
A.
Title IV of this Municipal Code (Chapters 400 through 415), as amended, shall be referred to in this Article IV as the Land Use Code and shall be enforced by the Zoning Administrator, Building Commissioner and/or other City Official designated to enforce the City's building, zoning, subdivision, grading and other codes and regulations (hereinafter referred to as the "Code Official").
B.
The construction, reconstruction and/or alteration of structures shall not be undertaken and the development of land shall not be commenced except in accordance with the provisions of this Land Use Code. No permit or application for the construction, alteration or change of the use of structures or land shall be approved if the proposed use or activity would be in violation of this Land Use Code.
C.
Inspections. The Code Official is authorized to make inspections to determine whether dwellings, dwelling units, accessory structures and other structures and premises located within this City conform to the requirements of this Land Use Code and any governing site plan, development plan, site-specific ordinance passed pursuant to this Land Use Code, conditional use permit or other permit or authorization. For the purpose of making such inspections, the Code Official is authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, accessory structures and premises. In carrying out interior inspections, the City shall first use reasonable means to obtain applicable consent to entry of the building, structure or premises. In the event such consent to entry is refused or cannot be obtained, the City may apply to the Judge of the Green Park Municipal Court and the Municipal Judge shall have authority to issue search warrants for searches or inspections of such building, structure or premises to determine the existence of violations of this Land Use Code.
D.
Notice Of Violation And Sanctions. If the City determines or finds that any of the provisions of this Land Use Code are being violated, the City shall notify in writing, if possible, the liable person(s) (as defined in Section 400.140(B)), indicating the nature of the violation and ordering the action necessary to correct it, provided that if the violation is a continuation of an existing violation, i.e., a violation for which the liable person(s) has already been notified within the last sixty (60) days, the City shall not be required to give any further notification.
E.
Conformance With Approved Plans And Conditions. All permits issued on the basis of plans and/or applications approved by either the Building Commissioner, the Zoning Administrator, the Commission and/or the Board of Aldermen and/or other City Official shall authorize only the use, arrangement and/or construction set forth in such approved plans and/or applications and no other use, arrangement or construction.
F.
Stop Work Orders And Stop Use Orders. Upon determination that there is a violation, the Code Official is authorized to issue an order requiring the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Land Use Code 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 agents or to the person doing the work, in the case of a stop work order, stating the nature of the violation. The Police Department shall aid in enforcing the Land Use Code by posting stop work or stop use notices, when requested by the City.
G.
Premises/Conditions Not Brought Into Compliance May Be Corrected/Removed. If the violations set out in a notice have not been corrected within the specified time period after delivery of the notice, the Code Official may enter upon the premises and remove, correct, dispose of and/or otherwise remedy any violations of this Land Use Code. The City may take any and all other action authorized by law to ensure compliance with or prevent violation of the provisions of this Land Use Code.
H.
Costs To Liable Persons. The City's costs of enforcement of the Land Use Code including administrative costs of inspections and attorneys' fees and/or the cost of bringing the premises or condition of land into compliance including the City's administrative costs of inspections and attorneys' fees shall be a joint and several obligation of all liable persons.
I.
Expenses Incurred To Be Assessed As Lien On Property. In the event the liable person(s) fail to reimburse the City within sixty (60) days for the cost incurred for enforcement and/or repair, correction, removal or other remediation ordered by the Code Official, the Board of Aldermen shall certify the charges for remediation of the violation to the City Clerk as a special assessment represented by a special tax bill against the real property on which the violation occurred. The tax bill shall be a first (1st) lien upon the property and shall be enforced to the same extent and in the same manner as all other special tax bills. The assessment shall bear interest at the rate of eight percent (8%) per annum until paid.
J.
No Permits To Be Issued After Failure To Bring Premises Into Compliance Or Failure To Pay Costs. The City shall not issue any further permits to liable persons, nor to agents or representatives of such liable persons, who refuse or fail to, within the time allotted:
K.
Revocation Of Occupancy Permit(s). The Board of Aldermen, subject to Chapter 150 of the Municipal Code, may revoke the occupancy permits to liable persons who:
1.
Refuse or fail to, within the time allotted, bring the premises into compliance;
2.
Refuse or fail to, within the time allotted, pay costs assessed by the City for its actual expenses for bringing the premises into compliance; and/or
3.
Have been cited by the City for willful violations of this Land Use Code more than three (3) times within three (3) years prior to the subject violation.