CHAPTER 8
ENFORCEMENT AND PENALTIES
Sections:
Article 1 – ADMINISTRATION
11-8-101 Zoning Clearance Required.
11-8-102 Buildings to be on Zoning Lot.
11-8-103 Building Permit to Comply with Code.
11-8-104 Construction and Use to Comply With Application.
11-8-105 Permits Granted Prior to This Title.
11-8-106 Responsibility for Violation.
11-8-108 Certificate of Zoning Compliance Required.
Article 2 – ENFORCEMENT
11-8-201 Violation and Penalty.
11-8-202 Each Day a Separate Offense.
11-8-203 Procedure for Violation.
Article 1 – ADMINISTRATION
11-8-101 Zoning Clearance Required.
No building permit shall be issued for construction within the City until the application therefore has been approved by the Zoning Administrator. The Zoning Administrator shall not give such approval until he is satisfied that the proposed construction and subsequent use of the building proposed to be constructed will comply with the requirements of the zone in which the building will be situated.
11-8-102 Buildings to be on Zoning Lot.
No building permit authorizing the use of land or the construction or alteration or moving of a building or structure on a lot shall be issued, unless the parcel of land upon which the use is to be conducted or the building constructed, altered or moved shall qualify as a zoning lot as defined in this Title.
11-8-103 Building Permit to Comply with Code.
From the effective date of this Title, permits shall not be granted for the construction or alteration of any building or structure, or for the moving of a building or structure onto a lot, or for the change in use of any land, building or structure if such construction, alteration, moving, or change of use would be a violation of any of the provisions of this Title, nor shall any sewer or water service line or electric utilities be installed to serve the premises if such use would be a violation of this Title.
11-8-104 Construction and Use to Comply With Application.
Permits for excavations and buildings, and Certificates of Zoning Compliance issued on the basis of plans and specifications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and application. Any use, arrangement, or construction at variance with that authorized shall be deemed to be a violation of this Title.
11-8-105 Permits Granted Prior to This Title.
Authorization granted by the City to construct a building or structure, or to change the use of land, shall not be denied or abridged in the event that construction has taken place thereon to the extent of one-thousand dollars ($1,000) or more in replaceable value by the date on which this Title or an amendment thereto shall become effective; provided, however, that such authorization to construct a building or structure shall be denied if construction would not have complied with all applicable laws and ordinances existing prior to the effective date of this Title or amendment. Replaceable value shall be construed to mean the expenditure necessary to duplicate the material and labor at market prices.
11-8-106 Responsibility for Violation.
It shall be the responsibility of the owner and any and all builders, contractors, subcontractors, real estate agents and any other persons having to do with the establishment of any use of land or the erection, altering or relocation of any building, to make sure that a proper permit has been obtained before work is begun. Any person doing any work on a project for which a proper permit has not been obtained shall be deemed guilty of a violation of this Title.
11-8-107 City Not Liable.
The City shall not be liable for any damage which may result from the denial of a building permit, even though the applicant therefore may have received information from any person that the applicant is entitled thereto.
11-8-108 Certificate of Zoning Compliance Required.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premise, or to change the occupancy of any building or premise, until a Certificate of Zoning Compliance shall have been issued therefore by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this Title. No nonconforming structure or use shall be changed or extended until a Certificate of Zoning Compliance shall state specifically wherein the nonconforming use differs with the requirements of this Title. The Zoning Administrator may permit the occupancy of a building prior to the completion of all required work; provided a bond or other assurance has been posted with the City Recorder in an amount equal to the cost of completing said required work, guaranteeing the completion of such work, as determined by the City Council. The Zoning Administrator shall maintain a record of all Certificates of Zoning Compliance for a period of five (5) years, and a copy shall be furnished upon request to any applicant. Failure to obtain a Certificate of Zoning Compliance shall constitute a violation of this Title.
Article 2 – ENFORCEMENT
11-8-201 Violation and Penalty.
Any person, firm, or corporation violating any of the provisions of this Title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed $500, or by imprisonment for a term not to exceed ninety days, or both such fine and imprisonment. In addition to such criminal penalty, the City may, in addition to any other remedy which may be provided by law, institute any appropriate proceeding to prevent, restrain, or abate any construction, alteration, or use of land in violation of this Title; or to enjoin the transfer or sale of a lot in an illegal subdivision; or to prevent any illegal act, conduct, business, or use.
11-8-202 Each Day a Separate Offense.
Each and every day, or portion thereof, during which a violation of this Title is committed or continued shall be considered a separate offense and shall be punishable as herein provided.
11-8-203 Procedure for Violation.
Whenever it becomes necessary to take action in order to obtain compliance with one or more provisions of this Title, the Zoning Administrator or the Planning Administrator, as appropriate, may issue a citation or take other appropriate action as provided by law.