Chapter 7
Permits, Fees, Violations and Penalties
6.701 Zoning Compliance Permit.
A. Permit Required for Construction. It shall be unlawful to commence the excavation for or the construction of any building or other structure, including an accessory building, or to commence the moving, alteration or repair of any structure including accessory building costing more than $200.00, until the building official has issued for such work a zoning compliance permit including a certification of his opinion that plans, specifications and intended use of such structure do in all respects conform to the provisions of this ordinance.
B. Permit Required for Change of Occupancy. It shall be unlawful to change the type of occupancy of land, or to change the type of occupancy of any building, or to extend any occupancy on any lot on which there is a nonconforming use, until the building official has issued for such intended use a zoning compliance permit, including a certification of his determination that the proposed occupancy does in all respects conform to the provisions of this ordinance.
C. Application. All zoning compliance permit applications shall be made in writing to the building official on forms provided for that purpose. A record of all such applications shall be kept on file by the building official.
1. When In Conjunction With Building Permit. In all cases where a building permit is required, application for a zoning compliance permit shall be required, and application for a zoning compliance permit shall be made coincident with the application for a building permit.
2. When Not In Conjunction With Building Permit. In all other cases, a zoning compliance permit application shall be made not less than ten days prior to the time when a new or enlarged occupancy of a building or premises or part thereof is intended to begin.
D. Period of Approval. Any zoning compliance permit issued under the provisions of this ordinance shall be valid only for a period of six months following the date of issuance thereof.
E. Cases Requiring Planning Commission Action. When application is made for a zoning compliance permit which requires a special exception permit or other planning commission approval, the application shall be mandatorily referred to the planning commission by this ordinance. The administrative official shall inform the applicant and shall transmit the application along with all papers constituting the record to the planning commission. Following a planning commission decision of approval, the building official shall issue a zoning compliance permit that is subject to and limited by all of the conditions of approval imposed by the planning commission.
F. Cases Requiring Board of Appeals Action. When the building official receives an application for a zoning compliance permit which requires resolution by the board of appeals in accordance with the provisions of this ordinance, he shall so inform the applicant and shall transmit such application along with all the paper constituting the record to such board of appeals: and subsequently on receipt from the board of appeals of their findings the building official shall issue a zoning compliance permit that is subject to and limited by all of the conditions imposed in the said opinion of the board of appeals.
6.702 Fees.
A. Fee Required. Before any permit shall be issued covering building erection, site plan review or other operations, procedures, or actions regulated by the zoning ordinance, a fee in an amount fixed by resolution of the city council shall be paid. Fees shall be in an amount sufficient to cover the City’s administrative and review costs for all applications, including the cost of public hearing notices.
B. Sec. 12.4.1 Site Plan Surety Bond. Before any temporary certificate of occupancy shall be issued under the terms of this Ordinance, a surety or cash bond or letter of credit shall be submitted to and approved by the city. The bond shall be in an amount determined to be sufficient to complete the site improvements on the approved site plan. The amount, type and form of the bond shall be determined by the building and safety engineering division and shall be approved by the city attorney to assure the agreement of the applicant that any construction on the site will be in accordance with the site plan as approved, including any requirements or conditions attached thereto by the city.
All site work shall be completed within nine months of issuance of a temporary certificated of occupancy. Failure to complete site work within the specified time will result in forfeiture of the applicant’s bond, but shall not relieve the applicant form the obligation to complete the site work pursuant to the approved site plan.
The city shall be authorized to enter the premises and use the bond proceeds (in the case of a cash bond) to complete the site work after forfeiture of the bond. The owner/applicant shall be responsible for repayment of any excess cost incurred by the city for the site work.
6.703 Certificate of Occupancy.
No building or structure or use for which a zoning compliance permit has been issued shall be occupied until the building official has, after final inspection, issued a certificate of occupancy indicating his opinion that all the provisions of this ordinance are being complied with. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this ordinance.
A temporary certificate of occupancy may be issued for a period not exceeding 9 months pursuant to a surety bond being posted for incomplete site improvements in accordance with Section 6.702.B.
6.704 Violations.
Whenever by the provisions of this ordinance the performance of any act is required, or the performance of any act is prohibited, or wherever any regulation, dimension or limitation is imposed on the use of, or upon any land, or on the erection or alteration or the use or change of occupancy of structure or the uses within such structure, a failure to comply with such provisions of this ordinance. Every day on which a violation exists shall constitute a separate violation and a separate offense.
6.705 Violation a Civil Infraction.
Any applicant that receives an approved site plan from the Planning Division or Planning Commission and fails to strictly adhere to all the requirements of the approved Site Plan is responsible for a municipal civil infraction as defined at Section 86-500 et. seq. of the Municipal Code of Pontiac. This does not limit any other remedy the City may otherwise have at law or equity.
6.706 Penalties.
For each and every day the violation continues beyond the permissible grace period, a separate municipal civil infraction offense shall be declared. Any person, firm, corporation, or legal entity violating any provision of this ordinance shall be adjudged responsible for a municipal civil infraction, as set forth below:
A. The words "municipal civil infraction" mean an act or omission that is prohibited by this ordinance, but which is not a crime under this ordinance or other ordinances, and for which civil sanctions, including without limitation fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961 (MCL 600.8701 et seq.), as amended. A municipal civil infraction is not a lesser included offense of a violation of this ordinance that is a criminal offense.
B. The sanction for a municipal civil infraction violation shall be a civil fine in the amount as provided by this ordinance, plus costs, damages, expenses, equitable relief and other sanctions, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961 (MCL 600.8701 et seq.), as amended, and other applicable law.
1. Unless otherwise specifically provided for in this ordinance, the civil fine for a municipal civil infraction violation shall not be less than $100.00, plus costs and other sanctions.
2. Increased civil fines may be imposed for repeated violations by a person, firm, corporation, or legal entity of any requirement or provision of this ordinance. As used in this section, the term "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision:
a. Committed by a person within a six-month period (unless some other period is specifically provided by ordinance); and b. For which the person admits responsibility or is determined to be responsible.
3. Unless otherwise specifically provided by this ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:
a. The fine for any offense which is a first repeat offense shall be not less than $250.00, plus costs and other sanction.
b. The fines for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than $500.00, plus costs and other sanctions.
C. The person who shall receive the municipal civil infraction by the building official shall be the owner, tenant, firm, corporation, or legal entity violating any provision of this ordinance.
D. A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this ordinance, including any omission or failure to act where the act is required by this ordinance.
E. In addition to any remedy available at law, the city may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of this ordinance.
F. The building official shall have the authority to issue municipal civil infraction tickets pursuant to this ordinance, after an investigation and authorization by the city attorney, pursuant to MCL 600.8707(2).
6.707 Public Nuisance Per Se.
Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changes subsequent to the time of passage of this section and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
6.708 Rights and Remedies are Cumulative.
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.