Chapter 10.15
ADMINISTRATION AND ENFORCEMENT
Sections:
10.15.020 Administration and enforcement – Land Use Administrator.
10.15.030 Building permits required.
10.15.040 Site plan required with application for permit.
10.15.050 Certificate of occupancy.
10.15.060 Temporary occupancy.
10.15.070 License and permits to conform to the land use ordinance.
10.15.080 Enforcement procedures.
10.15.090 Exactions (constitutional takings).
10.15.010 Effect of chapter.
This chapter affects the entire title with respect to the administration thereof and establishes the responsibility for such administration. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-3-010.]
10.15.020 Administration and enforcement – Land Use Administrator.
(A) The Land Use Administrator or his designee shall represent Syracuse City in carrying out the stated purposes of this title and in so doing shall require all persons desiring to build to acquire the appropriate permits. The Land Use Administrator or his designee shall not grant a permit for the construction or alteration of any building or structure if such construction or alteration would violate any of the provisions of this title.
(B) It shall be within the power and authority of the Land Use Administrator or designee to inspect or cause to be inspected all plans for the construction or repair of buildings, to visit all buildings in the course of construction, to enforce or cause to be enforced all provisions of this title pertaining thereto, particularly with respect to the location requirements, and to uphold and enforce any decision in the administration of this title, entering actions in the court when necessary. Failure to do so shall not legalize any violation of such provisions. Also, the Land Use Administrator or his designee may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of any building, sign, structure, or land in violation of this title or any amendment thereto or to restrain, correct, or abate such violation, prevent the occupancy of such building, structure, or land, or prevent any illegal act, conduct of business, or use in or about such premises. The City Council may designate the Land Use Administrator as a Land Use Authority with authorization to function as so directed. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-3-020.]
10.15.030 Building permits required.
No construction of a building or structure subject to the provisions of the International Residential Code or International Building Code shall commence until the City issues a building permit. Additions or alterations to any existing building or structure, including mechanical, electrical, or plumbing components identified in the International Building Code, shall also require a building permit prior to the commencement of any work. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-3-030.]
10.15.040 Site plan required with application for permit.
All building permit applications for any structure shall include a site plan in duplicate, signed and dated by the applicant, one of which the City shall return to the applicant with corrections or stipulations, if any, and one of which shall be for the use of the Building Department. Such site plan shall be drawn to scale and show the actual dimensions of the applicable lot, the size of existing buildings or structures, if any, the dimensions of proposed buildings, the location of driveways into the property, the location and plan for off-street parking facilities, the location and width and name of abutting streets, the location and width of utility easements, and such other information as may be necessary to accurately locate the lot and provide for the enforcement of this title. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 03-08; amended 1991; Code 1971 § 10-3-040.]
10.15.050 Certificate of occupancy.
No one shall occupy or proceed to use any building or accessory structure until it is in full compliance with the requirements of this title and until the City issues a certificate of occupancy.
(A) A certificate of occupancy is a prerequisite to the application and/or receipt of a business license.
(B) It shall be unlawful for any person, firm, or corporation to make connection to or furnish water or electrical service for any new building except for temporary use incidental to construction.
(C) The City shall grant residential building occupancy upon compliance with SCC 8.10.180. [Ord. 11-02 § 1 (Exh. A); Ord. 09-10 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-3-050.]
10.15.060 Temporary occupancy.
When circumstances or conditions preclude the completion of weather-related items, the Land Use Administrator or his designee may, with the approval of the City Fire Chief, issue a temporary occupancy permit for a period of time not exceeding six months to allow the completion of items identified by the City Building Department. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-3-060.]
10.15.070 License and permits to conform to the land use ordinance.
All officials and employees of Syracuse City vested with the duty or authority to issue permits and licenses shall conform to the provisions of this title and shall issue no permit or license for use, building, or purposes where the same would be in conflict with the provisions of this title. The Land Use Administrator or his designee shall approve all applicable permits and licenses. Any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-3-070.]
10.15.080 Enforcement procedures.
Any violations of the provisions of this title shall be subject to the enforcement remedies and penalties provided by this title and by Utah law, including any of the following:
(A) Withhold Permits. The City may deny or withhold all permits, certificates, or other forms of authorization pertaining to any land or improvements when an uncorrected violation exists pursuant to this title or to a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City Council, Planning Commission, Appeals and Variance Hearing Officer, or other City officer. The City may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected. The provisions of this section shall apply regardless of whether the original applicant or current owner is responsible for the violation in question.
(B) Revoke Permits. Any permit may be revoked when the Land Use Administrator or his designee determines that actions taken thereunder do not conform to plans, specifications, or conditions of the permit; that the same was procured by false representation or was issued by mistake; or that any of the provisions of this title are being violated.
(1) Written notice of such revocation shall be served upon the owner, his or her agent, or contractor, or upon any person employed at the site of the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
(2) Upon revocation of a building permit which was issued by mistake, the owner shall meet with the Land Use Administrator or his designee to determine in what respect a mistake was made. When plans are in conflict with ordinances, resolutions, regulations, or requirements, and when construction has not progressed to a stage where modification of the plans would require substantial alteration of the structures in place, the plans shall be modified to conform to all applicable requirements. When construction has progressed to a stage where compliance would require substantial alteration of construction in place, the owner shall meet with the Land Use Administrator or his designee to negotiate possible changes in the plans which would more nearly conform to applicable ordinances, resolutions, regulations, or requirements.
(3) When a mistake has been made calculating the fee for any permit, the proper fee shall be charged.
(C) Stop Work. In accordance with its power to stop work under the building code, the City may stop work, with or without revoking permits, on any building or structure on any land on which exists an uncorrected violation of a provision of this title or permit or other form of authorization issued hereunder.
(D) Revoke Plan or Other Approvals. Where a violation of this title involves failure to comply with approved plans or conditions upon which the approval of such plans was made subject, the City may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a hearing, revoke the plan or other approval, or condition its continuance on strict compliance, the provision of security, or such other conditions as the City may reasonably impose.
(E) Remove Signs. When a sign is illegally located within a City right-of-way, on any City-owned property, or in the case of an emergency or an identified hazard, the Land Use Administrator or his designee may, without notice, cause the immediate removal of such dangerous or defective sign which presents a hazard to the public or which is in the public right-of-way.
(1) Such action by the City shall be at the expense of the owner and shall include the actual cost of repair or removal of the sign, plus 15 percent of such amount for administrative and overhead costs.
(2) If the owner fails to pay the amount due within 30 days from the date of billing, the City may initiate legal action against the owner as provided by law to collect such costs and expenses, including interest at the legal rate and reasonable attorney’s fees.
(F) Injunctive Relief. The City may seek an injunction or other equitable relief in the district court to stop any violation of this title or of a permit, certificate, or other form of authorization granted hereunder.
(G) Abatement. The City may seek a court order from the district court in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
(H) Penalties. Violation of any of the provisions of this title shall upon conviction be punishable as a Class C misdemeanor.
(I) Other Remedies. The City shall have such other remedies as are and as may be from time to time provided by Utah law or City ordinance for the violation of any provision of this title.
(J) Remedies Cumulative. These remedies shall be cumulative. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-3-080.]
10.15.090 Exactions (constitutional takings).
The City shall carefully consider each claim, in fairness to any private property owner who believes a constitutional taking occurred, in view of the uncertainty and expense involved in defending lawsuits alleging a constitutional taking. However, the City shall preserve the ability to lawfully require dedication or exaction of property consistent with federal and state Constitutions. The criteria set forth in this title shall be objectively and fairly construed in reviewing any claim that a specific action by the City requires payment of just compensation, and decisions rendered shall be advisory and neither expand or limit the scope of the City’s liability for a constitutional taking. The City may impose an exaction or exactions on proposed land use development if:
(A) An essential nexus exists between a legitimate governmental interest and each exaction; and
(B) Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. [Ord. 11-02 § 1 (Exh. A); Code 1971 § 10-3-090.]