Atlanta › Land Development Code — Part III

Part 16, Chapter 30 — Administration and Enforcement

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§ 16-30.001

Administration and enforcement.

Sec. 16-30.001. Administration and enforcement.

The bureau of buildings shall administer and enforce this part except as otherwise provided therein. It shall also be the duty of all officers and employees of the city, and especially of all members of the police department, to assist the director, bureau of buildings by reporting to him any seeming violation in construction, reconstruction or land use.

The director, bureau of buildings shall promptly investigate complaints of violations, reporting his findings and actions to complainants, and shall use his best endeavors to prevent violations or to detect and secure the correction of violations. If he shall find that any of the provisions of this part are being violated, he shall in writing notify the person responsible for such violation, indicating the nature of the offense and ordering the action necessary to correct it.

He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take or cause to be taken any other action authorized by this part or the laws of the city or state to ensure compliance with, and prevent violations of the provisions of this part.

If a violation of this part exists or is proposed, the department of law or any owner of real estate within the district or in another district and adjoining the property may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action or proceeding to prevent, enjoin, abate or remove such violation. (Code 1977, § 16-30.001)

§ 16-30.002

Penalties.

Sec. 16-30.002. Penalties.

Any person, firm or corporation violating any of the provisions of this part shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in section 1-8 of the Code of Ordinances of the City of Atlanta. Each day's continuance of a violation shall be considered a separate offense. The owner of any buildings or premises or parts thereof, where anything in violation of this part exists, and any architect, builder, contractor or agent of the owner, or any tenant, who commits or assists in the commission of any violation, shall be guilty of a separate offense. (Code 1977, § 16-30.002)

§ 16-30.003

Records.

Sec. 16-30.003. Records.

The director, bureau of buildings shall maintain records of all official administrative actions of his office, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of cases. Such records shall be public records. (Code 1977, § 16-30.003)

§ 16-30.004

Zoning action on building permits.

Sec. 16-30.004. Zoning action on building permits.

The director, bureau of buildings shall be responsible for determining whether applications for building permits as required by the building code are in accord with the requirements of the zoning ordinance, and no building permit shall be issued without certification that plans conform to applicable zoning regulations.

(1)Plans required: All applications for building permits as required by the building code shall be accompanied by plot plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building or buildings and accessory building existing or to be erected, the existing and intended use of each building or part of a building, the number of dwelling or lodging units the building is designed to accommodate, and such other information regarding the lot and neighboring lots as may be necessary to determine and provide for enforcement of this part.

One copy of such plot plans shall be returned to the owner when such plans shall have been approved by the director, bureau of buildings.

No permit for excavation or construction shall be issued before the bureau of buildings certifies thereon that the plans, specifications and intended use conform to the provisions of this part.

All dimensions on such plans relating to location and size of the lot to be built upon shall be based on an actual survey. The lot and the location of proposed buildings or additions shall be staked out on the ground to facilitate inspection before construction is started.

(2)Notice: Whenever a building permit is issued by the bureau of buildings, notice shall be provided as follows:

a.The city shall post notice of same on the City of Atlanta Web Page;

b.The bureau of buildings shall submit a copy of same to the clerk of council who shall maintain files for public viewing during regular business hours that are organized according to month and year of issuance; and

c.The recipient of the building permit shall post a copy of same on a sign not less than six square feet with the words "Notice of Issuance of Building Permit" in letters not less than four inches high in a conspicuous place on the effected property so that the sign and the permit can be easily viewed from the public street on which the property fronts. Said sign shall be posted no later than 24 hours after the issuance of the building permit and shall not be removed for 30 days.

d.The recipient of the building permit shall also file a notarized affidavit with the clerk of council certifying under penalty of perjury the date on which the sign required in the above paragraph was posted.

e.In determining whether to adopt a rule to specify a longer period of time for appeals pursuant to section 1630.010(a) of the City Code of Ordinances, the board of zoning adjustment may consider the extent to which the recipient of a building permit has complied with the provisions of this section 16-30.004(2).

f.The provisions of subsections c. and d. above shall not apply when a building permit is issued for repairs and/or alterations that do not increase the floor area.

(Code 1977, § 16-30.004; Ord. No. 2001-62, § 1, 1-25-01; Ord. No. 2001-65, § 1, 9-13-01)

Editor’s note—Ord. No. 2001-65, § 1, adopted Sept. 13, 2001, set out provisions pertaining to zoning action on build-ing permits. To maintain numerical sequencing of this Code, said ordinance provisions have been included as subsection 16-30.004(2)f. at the discretion of the editor to read as herein set out. See the Land Development Code Comparative Table.

§ 16-30.005

Certificates of occupancy.

Sec. 16-30.005. Certificates of occupancy.

(1)For New or Altered Structures and Uses: No persons shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in use or structure, until a certificate of occupancy reflecting use, extent and location shall have been issued to the owner or tenant by the director, bureau of buildings. Where a building permit is involved, such certificate shall show that the structure or use, or both, to the affected part thereof, are in conformity with the provisions of this part; and it shall be the duty of the director, bureau of buildings to issue such certificate if he finds that all of the requirements of this part have been met, and to withhold such certificates unless he finds that all of the requirements of this part have been met.

(2)Temporary Certificates of Occupancy: A temporary certificate of occupancy for a part of a building or premises may be issued in accordance with general rules or regulations concerning such temporary certificates, and with such additional conditions and safeguards as are necessary in the circumstances of the case to protect the safety of occupants and the general public.

(3)Certificates of Occupancy for Existing Uses or Structures: Upon written request from the owner and upon inspection to determine the facts in the case, if in conformity with the requirements of this part, the director, bureau of buildings shall issue a certificate of occupancy for any buildings, premises or use, certifying that the building, premises or use is in conformity with the provisions of this part. (Code 1977, § 16-30.005)

§ 16-30.006

Structures and uses to be as provided in applications, plans, certificates of occupancy and special permits.

Sec. 16-30.006. Structures and uses to be as provided in applications, plans, certificates of occupancy and special permits.

Building permits or certificates of occupancy shall be issued on the basis of plans and applications approved by the director, bureau of build-ings. When permits, certificates of occupancy and special permits are issued for property with conditional zoning or an approval variance, only the use, arrangement and construction set forth in such approved plans and application, subject to any conditions or safeguards attached thereto, shall be permitted. Any use, arrangement or construction other than that authorized or failure to observe any of the conditions or safeguards shall be deemed a violation of this part.

When any undisturbed buffer is imposed as a condition through conditional zoning or variance, no grading permit shall be issued until the specified undisturbed buffer has been staked and an appropriate inspection made. Violation of the undisturbed buffer shall be deemed a violation of the conditional zoning or variance, and no building permit shall be issued for the project in question. (Code 1977, § 16-30.006)

§ 16-30.007

Certificates of occupancy required prior to issuance of business license.

Sec. 16-30.007. Certificates of occupancy required prior to issuance of business license.

The department of finance shall not grant a business license to any person or firm unless the business conforms to the regulations of the district in which it is located or is established as a legal nonconforming use. (Code 1977, § 16-30.007)

§ 16-30.008

Status of permits issued or applications filed prior to enactment of amendments of part.

Sec. 16-30.008. Status of permits issued or applications filed prior to enactment of amendments of part.

When an application, including plans, has been filed or when a building permit has been issued, prior to the effective date of this part, or an amendment, nothing contained shall require any changes in the plans, construction, size or designated use of a building, structure or part thereof if construction under such plans or permit is begun on or before December 31, 1982. Where there are changes required under this part or an amendment thereto, failure to begin construction on or before December 31, 1982, or discontinuance of construction for 180 days shall have the effect of voiding the permit. In such cases, the director, bureau of buildings shall require a new permit, which shall be governed by regulations currently in effect. (Code 1977, § 16-30.008)

§ 16-30.009

Prosecution under prior zoning.

Sec. 16-30.009. Prosecution under prior zoning.

Any prosecution arising from violation of prior zoning which is superseded or repealed by these regulations or amendment hereof, pending at the effective date of enactment or amendment, or any prosecution where may be begun within one (1) year after such effective date in consequence of violation of prior zoning regulations, shall be tried and determined as though such prior zoning had not been superseded. (Code 1977, § 16-30.009)

§ 16-30.010

Appeals from decisions of administrative official.

Sec. 16-30.010. Appeals from decisions of administrative official.

(a)Appeals may be taken by any person aggrieved or by any officer, department, board or bureau affected by any decision of an administrative official, by filing with the official from whom the appeal is taken, and with the board, a notice of appeal specifying the grounds thereof, within 30 days after the action appealed from was taken, unless the rules of the board specify a longer period generally or for a particular class of cases.

(b)An appeal stays all legal proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies to the board, after notice of appeal shall have been filed with him, that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(c)The board shall fix a reasonable time for the hearings of the appeal and give notice thereof as well as due notice to the parties in interest. Upon the hearing, any party may appear in person or by agent or by an attorney.

(d)The board shall decide the appeal within a reasonable time. An appeal shall be sustained upon an expressed finding by the board that the administrative official's action was based on an erroneous finding of a material fact, or that he acted in an arbitrary manner. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit provided all requirements imposed by the applicable laws other than these are met.

(e)Appeals of a decision of the board of zoning adjustment under the provisions of this section shall be as provided for in section 16-26.007. (Code 1977, § 16-30.010)

§ 16-30.011

Schedule of fees, charges and expenses, payment.

Sec. 16-30.011. Schedule of fees, charges and expenses, payment.

In connection with administration of this part, the mayor shall cause to be established a schedule of fees, charges and expenses, to be approved by the council, to cover costs generally found to be involved in advertising, posting, mailing notices, reviewing, processing or other actions in the particular class of cases involved. Such fees, charges and expenses shall be payable to the department of finance, to be applied against such costs.

No application for any permit, certificate of occupancy, zoning amendment, or other action or document shall be considered complete, nor shall processing on such application begin, until all applicable fees, charges and expenses shall have been paid. (Code 1977, § 16-30.011)

Cross reference—Zoning fees, § 16-27.001.

CHAPTER 31. INTERPRETATION; CONFLICTS; SEPARABILITY OF PROVISIONS