This chapter shall be administered and enforced
by the Building Inspector, who shall in no case grant any permit for
the construction or alteration of any building, and who shall not
grant any certificate of occupancy in respect to any building where
the proposed construction, alteration or use thereof or use of land
would be a violation of any provisions of this chapter. In the performance
of his duty, the Building Inspector is empowered to cause any building,
structure, plans or premises to be inspected or examined and to order
in writing the remedying of any condition found to exist therein or
threat in violation of any provisions of these regulations.
All applications for building permits shall
be accompanied by a plan in duplicate, drawn to scale, showing the
actual dimensions, radii and angles of the lot to be built upon, the
exact size and location on the lot of the building to be erected and
such other information as may be necessary to provide for the enforcement
of this chapter.
A.
It shall be unlawful to use or permit the use of any
building or part thereof hereafter erected, changed, converted, altered
or enlarged, wholly or in part, or the use of land until a certificate
of occupancy shall have been applied for and issued by the Building
Inspector.
B.
A certificate of occupancy shall be obtained from
the Building Inspector for any of the following:
(1)
Occupancy and use of vacant land.
(2)
Change in the use of any land or structure.
(3)
Any change involving a nonconforming use or nonconforming
structure.
(4)
Change in the ownership of any land, property or structure,
not including one- and two-family dwellings.
[Amended 5-16-2000 by Ord. No. 2000-3]
C.
No such occupancy, use or change of use shall take
place until an occupancy permit has been issued by the Building Inspector.
D.
Application for a certificate of occupancy shall be
made at the time that the building permit is applied for and shall
be issued within 10 days after the erection or alteration of the building
is completed.
E.
In case the Building Inspector shall decline to issue
a certificate of occupancy, his reasons for doing so shall be stated
on one copy of the application, and that copy shall be returned to
the applicant.
F.
A record of all certificates of occupancy shall be
kept on file at the office of the Building Inspector and shall be
a public record.[1]
[1]
Editor's Note: Former Subsection G, Certificate of zoning
compliance for one- and two-family dwellings and condos, added 5-16-2000
by Ord. No. 2000-3, which immediately followed this subsection, was
repealed 12-15-2009 by Ord. No. 2009-21.
Any person may file a complaint with the Building
Inspector if there is reason to believe that a violation of this chapter
exists. All complaints must be in writing and signed by the complainant.
A.
In case any building or structure is erected, constructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter or of any ordinance or
regulation made under authority conferred hereby, the Building Inspector,
in addition to all other existing remedies, may institute appropriate
legal action to prevent such condition, to restrain, correct or abate
such violation, to prevent occupancy of such building, structure or
land or to prevent any illegal act, conduct, business or use.
B.
A violation of these terms shall be abated within
five days after written notice has been served, either by mail or
by personal service.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety or
the general welfare. Wherever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the more restrictive, or that imposing
the higher standards, shall govern.
This chapter may be amended, revised or repealed
by the Mayor and Council in the manner provided by statute.
For any and every violation of the provisions
of this chapter, the owner, contractor or other persons interested
as lessee, tenant or otherwise in any building or premises where such
violation has been committed or shall exist, and who refuses to abate
said violation within five days after written notice has been served
upon him either by mail or by personal service, shall for each and
every violation be subject to a fine of not more than $500 or to 90
days' imprisonment in the county jail, or both, at the discretion
of the court or judicial officer before whom a conviction may be held.
Each and every day that such violation continues after such notice
shall be considered a separate and specific violation of this chapter
and not as a continuing offense.
