APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE XXXII ENFORCEMENT, VIOLATION, AND PENALTY

ARTICLE XXXII ENFORCEMENT, VIOLATION, AND PENALTY

SECTION 1. ENFORCEMENT.

The City Zoning Administrator shall administer and enforce this Zoning Ordinance. Appeals from the decision of the City Zoning Administrator may be made to the Planning Commission/Board of Zoning Appeals and must be in writing. The decision of the Planning Commission/Board of Zoning Appeals if final.

SECTION 2. OCCUPANCY AND ZONING COMPLIANCE.

A.    Subsequent to the effective date of this Zoning Ordinance, no change in the use or occupancy of land nor any change in the use or occupancy of an existing building shall be made, nor  shall any new building be occupied, until a Certificate of Occupancy has been issued by the Zoning Administrator and/or their designee. The Certificate of Occupancy states that the land and/or building complies with the provisions of this Zoning Ordinance, as well as all MABCD required codes and regulations. This includes, but is not limited to IPC, UPC, IRC, etc. and is legally able to be occupied.

B.    No excavation, erection, or alteration of any property or building shall be permitted before an application has been made and approved for a building permit, and no building or premises shall be occupied until a Certificate of Occupancy is issued.

C.    A record of all Certificates of Occupancy shall be kept on file in the office of the Zoning Administrator and/or MABCD and may be furnished for a charge upon request.

SECTION 3. SITE PLANS.

Each application for a Certificate of Occupancy shall be accompanied by a site plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building(s) to be erected, and any other information necessary to provide for the enforcement of this Zoning Ordinance. A record of applications and plans shall be kept in the office of the Zoning Administrator.

SECTION 4. VIOLATION AND PENALTY.

A.    The owner or agent of a building or premises in or upon which a violation of any provision of this Ordinance has been committed or shall exist, regardless of if the violation is caused by the owner, occupant, lessee, tenant, architect, contractor, etc.; shall be punished by a fine not to exceed five hundred (500) dollars. Each and every day that such violation continues shall constitute a separate offense.

B.    In case any site (dirt work, mass grading, etc.), building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Zoning Ordinance, the appropriate authorities of said area, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction , reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation or to prevent the occupancy of said building, structure or land.