Article 7 – Administration and Enforcement

 

SECTION 7

ADMINISTRATION AND ENFORCEMENT

 

Section 701.  Provision for Enforcement.

 

It is the intent of this ordinance that all questions or interpretation and enforcement shall be presented to the Planning Commission for recommendation to the City Council.

 

If the Planning Commission or City Council receives a written complaint that any of the provisions of this ordinance are being violated, the person responsible for such violations shall be notified in writing, indicating the nature of the violation and ordering that such violation be corrected within a specified time period.

 

Section 702.  Permits Required.

 

It shall be unlawful for any person to construct, alter, repair, move, or demolish any building or structure regulated by this ordinance or cause the same to be done without first obtaining a building permit to be reviewed by the Planning Commission and issued by the City Council.  The Planning Commission may require any additional information as lawfully may be required to determine conformance with and provide for the enforcement of this ordinance. Deleted 11/12/08 Ordinance 2008-2  No such permit shall be issued except in conformity with the provisions of this ordinance, unless a written order is received from the Planning Commission or City Council in the form of an administrative review, conditional use, or variance.

 

All activities under $1000 will not require a building permit.  The following items are also excluded from requiring a permit: shingling (added 11/12/08 Ordinance 2008-2); exterior painting; interior painting and wall papering; carpeting or floor covering of even quality exchange and replacing like appliances.  Any structural changes require a permit.

 

Section 703.  Permit Procedure.

 

All permits must be filed by the 12th of the month with the City Finance Officer.  The permits will then be reviewed by the planning Commission at their monthly meeting, which is the third Thursday of the month.  The City Council will then consider the Planning Commission’s recommendation and make a decision on the building permit at their monthly meeting, which is the first Monday of the month.  If the permit is not filed by the 12th of the month with the City Finance Officer, the permit fee will be doubled or the permit cannot be issued that month. After permit approval by the City Council, a permit sign will then be issued to be placed or posted on the property visible to the general public until project completion. (Added 11/12/08 Ordinance 2008-2)

 

Exception:  In the instance of a natural disaster or severe weather that requires the repairing of a structure, the Planning Commission may waive the time requirements of Section 703 Permit Procedure.  The Planning Commission may hold a special meeting to review and act upon the building permits.

 

Section 704.  Expiration of Permits.

 

If the work described in any permit has not been substantially completed within one year form the date of issuance the permit shall expire by limitation and written notice shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new use permit has been obtained.

 

Section 705.  Authorization.

 

Permits issued on the basis of plans and applications approved by the City authorize only the use, arrangement, and construction set forth in such approved plans and applications, and any other use, arrangement, or construction at variance with that authorized shall be a violation of this ordinance.

 

Section 706.  Schedule of Fees, Charges, and Expenses.

 

The amount of fees, charges, and expenses for permits, rezonings, appeals, and other matters pertaining to this ordinance shall be established and amended by resolution of the City Council.

 

Non-Profit organizations shall be exempt from paying any permit fees and charges.

 

Section 707.  Stop Order

 

Whenever any work or use is being done contrary to the provisions of this title, the Zoning Administrator may order the work or use stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work or use until authorized by the zoning administrator to proceed with the work or use.

 

Section 708.  Amendments.

 

The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, or repealed according to the follow procedure:

An application for rezoning or other amendment is filed with the Finance Officer.  The application shall include a map or diagram showing the property affected by the proposed amendment, a legal description of such property, the proposed change in zoning districts, and the names and addresses of all owners of record.

 

The application will first be reviewed by the Planning Commission to make a recommendation to the City Council.

 

The application is then referred to the City Council, which shall meet at a public hearing to review the request.  Notice of the hearing must be published in the official newspaper at least ten (10) days prior to the hearing date.  A sign may also be posted on the property giving notice of date and time of such hearing.

 

The Council shall hold a public hearing on the application which shall be set forth in a proposed ordinance and if approved, given first reading.  At a subsequent meeting at least five (5) days after the first reading, the City Council shall give the ordinance second reading and if approved, it shall be published once.  The ordinance shall become effective twenty (20) days after publication.