[R.O. 2013 §5-15; Ord. No. 7.19 (Bill No. 1152) §1, 12-7-1989; Ord. No. 14.541 (Bill
No. 2761), 12-19-2019[1]; Ord. No. 14.559 (Bill No. 2832), 7-21-2022[2]]
A.
In any instance where any individual, person, corporation, partnership,
joint venture, business, association, firm, organization, or entity
has failed to comply with due notice to satisfactorily complete any
portion of an improvement as shown on an approved subdivision improvement
plan or an approved development plan, no building permit shall be
processed for such individual, person, corporation, partnership, joint
venture, business, association, firm, organization, or entity until
such time that the improvements have been satisfactorily completed.
This provision shall apply to all construction permits even though
a permit may be for an area of the City other than the subdivision
or development believed to be in violation of the approved improvement
plans or approved development plans.
B.
Notice shall be provided in writing to any individual, person, corporation,
partnership, joint venture, business, association, firm, organization,
or entity that is denied permit processing because of the enforcement
of the provisions of this Section. Such notice shall list the improvement
or improvements to be satisfactorily completed. All notices shall
be sent by certified mail or shall be delivered in person.
C.
Any individual, person, corporation, firm, partnership, joint venture,
business, association, organization, or entity that finds the notice
to be in error or that provides evidence of a bona fide dispute with
the satisfactory completion of such improvements may, within ten (10)
days of the date of the mailing of the notice, file an appeal with
the City Administrator. The City Administrator shall investigate any
alleged error or dispute within five (5) working days of receipt of
the appeal and shall be empowered to order the issuance or processing
of the permit; conditionally order the issuance or processing of the
permit; or may sustain the denial of the issuance or processing of
the permit. Such decision shall be provided by the City Administrator
in writing to the appellant.
