The City of Eastland shall hereby create the permit department
for the city. The city manager shall appoint staff to the permit department,
including, but not limited to, a permit officer. The city manager
or his designee shall be responsible for the organization of the permit
department and supervision of permit department staff.
(Ordinance 440, sec. I, adopted 4/28/74; Ordinance 663, sec. 1, adopted 4/16/03)
It is the duty of the city permit department to issue building
permits in accordance with the terms and provisions of this article
and to carry out the terms and provisions of this article. The city
permit department shall maintain accurate records of the activities
of the permit department, including those activities required by this
article.
(Ordinance 440, sec. II, adopted 4/28/74; Ordinance 663, sec. 1, adopted 4/16/03)
It is unlawful for any person to construct, modify or install
any water or sewerage system within the city or to construct or modify
any new or existing structure therein unless a building permit has
been issued therefor in accordance with the terms and provisions of
this article. Any person who violates this section shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punished
by fine not to exceed $200.00.
(Ordinance 440, sec. III, adopted 4/28/74)
The permit department shall issue a building permit only if
it is first determined that the proposed building site is reasonably
safe from flooding, provided that the permit department may, if a
flood hazard does exist, issue the building permit if such proposed
construction, installation or substantial improvement is:
(1) Designed
or modified and anchored to prevent flotation, collapse, or lateral
movement of the structure;
(2) Composed
of construction materials and utility equipment which are reasonably
resistant to flood damage; and
(3) Conducted
using construction methods and practices that are such as to reasonably
minimize flood damage.
(Ordinance 440, sec. IV, adopted 4/28/74; Ordinance 663, sec. 1, adopted 4/16/03)
No building permit shall be issued unless the permit department
determines that:
(1) All proposals
for construction, modification and installation provide for methods
to minimize flood damage;
(2) All public
utilities and facilities such as sewerage, gas, electrical service
and water systems are located and constructed to minimize flood damage;
(3) Adequate
drainage is provided to minimize flood hazards; and
(4) All proposals
for construction, modification or installation are such as not to
be a danger to the health, safety and welfare of any person.
(Ordinance 440, sec. V adopted 4/28/74; Ordinance 663, sec. 1, adopted 4/16/03)
The city building permit agent shall not issue a building permit
to any applicant therefor unless and until such applicant shall have
paid a fee therefor of $10.00. Such fee is payable to the city building
permit agent who shall account to the city for all such fees received.
(Ordinance 440, sec. VI, adopted 4/28/74)
Whenever a building permit has been issued under this article
for any construction, modification or installation and it subsequently
shall come to the attention of the permit department that such construction,
modification or installation no longer is in compliance with this
article, the permit department shall notify the applicant of such
violation. Such notice shall be by certified mail, return receipt
requested. Upon receipt of such notice by the applicant, the applicant
immediately shall cease such construction, modification or installation
until he has applied for and received an additional building permit
in accordance with the terms and provisions of this article. All of
the terms and provisions of this article apply to the first and all
subsequent applications for building permits. Each day of continued
operations after receipt of the notice set out herein constitutes
a separate violation of this article.
(Ordinance 440, sec. VIII, adopted 4/28/74; Ordinance 663, sec. 1, adopted 4/16/03)
(a) Required.
New commercial structures shall not be used or occupied, and
a change in occupancy or use of an existing commercial structure shall
not be made, until a certificate of occupancy has been issued by the
city as provided in this section.
(b) Inspection.
Prior to the city’s issuance of a certificate of occupancy,
the following inspections shall be performed:
(1) New
structures.
A new commercial structure shall be inspected to ensure compliance with the plumbing code, adopted by section
5-62, and the fire code, adopted by section
5-66.
(2) Existing
structures.
An existing commercial structure shall be inspected to ensure compliance with the plumbing code, adopted by section
5-62, the existing building code, adopted by section
5-65, and the fire code, adopted by section
5-66.
(c) Procedure.
When an owner or occupant of a new commercial structure files
an application for new water service for the structure or when a new
owner or occupant of an existing commercial structure requests that
water service be transferred to the new owner or occupant, said owner
or occupant will be required to fill out a form requesting a certificate
of occupancy. The fee for the certificate of occupancy will be included
in the customer’s utility deposit, as established by the city
fee schedule.
(d) Denial
and revocation.
A certificate of occupancy may be denied
if the structure does not meet the applicable uniform codes. A certificate
of occupancy may be revoked if the certificate was issued in error
or based on incorrect information supplied, or where it is determined
that the structure is in violation of the city code or a uniform code
adopted thereunder.
(Ordinance 21-868 adopted 6/21/21)