Chapter 11.27 : Administrative and Enforcement of Permits

Sections:

11.27.010 Administration and Enforcement
11.27.020 Permits
11.27.030 Conformance
11.27.040 Expiration of Permits
11.27.050 Permits Issued Contrary to this Title
11.27.060 Duties of the Building Inspector
11.27.070 Schedule of Fees, Charges and Expenses
11.27.080 Schedule of Fees, Charges and Expenses
11.27.080 Applicable Building Codes

11.27.010 Administration and Enforcement. The zoning officer and building inspector as designated by the City Council shall administer and enforce this title. He may be provided with the assistance of such other persons as the City Council may direct and those assistants shall have essentially the same responsibilities as directed by the Building Inspector.

If the Building Inspector shall find that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation 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 change; discontinuance of any illegal work being done; or shall take any other action authorized by this title to insure compliance with or prevent violation of its provisions.

11.27.020 Permits. No buildings or other structures shall be erected, moved, added to, or structurally altered and no land use shall be changed without valid permits as prescribed herein.

1). Building Permit/Within City Limits. Within the limits of the City, building permits shall be obtained by the following Uniform Building Code (International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California) most recent edition, Chapter 3.

2). Building Permit/Outside City Limits. Outside the corporation limits of the city, but within the extraterritorial limits of this title, a valid state or city building permit shall be required. Building permits shall be obtained by the following Uniform Building Code (International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California) most recent edition, Chapter 3. Said residential building permit shall be obtained by application to the City Building Inspector. Commercial building permits must be obtained from the State of Montana Building Codes Division.

The application shall include such other information as lawfully may be required by the building inspector, including existing or proposed building and land; the number of families, housing units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provided for the enforcement of this title.

One copy of the plans shall be returned to the applicant by the Building Inspector, after he shall have marked such copy either as approved or disapproved and attested to same by his signature. The second copy similarly marked shall be retained by the Building Inspector.

11.27.030 Conformance. No permit of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Building Inspector authorize only the use, arrangement and construction at variance with that authorized shall be deemed a violation of this title punishable as provided in Chapter 11.30.

Conditional use permits approved by the City Council and variances granted by the Board of Adjustment shall be deemed in conformance with the terms of this title. However, building permits or land use permits shall be issued only in accordance with the terms set forth in the conditional use permit and variance sections of this title.

11.27.040 Expiration of Permits. Every permit issued by the building inspector under the provisions of this chapter shall expire by limitation and become null and void, if the building or work authorized by such permit has not commenced within 90 days for the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommended, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for the new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work; and provided further that such suspension or abandonment has not exceeded on year.

11.27.050 Permits Issued Contrary to this Title. Any building permit, or any authorization issued, granted, or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or a revocation of nullification thereof, and any work undertaken or use established pursuant to any such building permit or other authorization shall be unlawful.

11.27.060 Duties of the Building Inspector. It is the intent of this title that the Building Inspector shall check all plans and applications for permits for compliance with this title both before and during construction.

If during this procedure the Building Inspector deems that the proposed plan or construction does not comply with this title, he shall inform the applicant of the infraction and shall stop all construction of the project until such time as the applicant, builder or principal revises his plan to conform to this title, or obtains a variance, conditional use permit, or zone change as set forth herein.

11.27.070 Schedule of Fees, Charges. and Expenses. The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, land use permits, appeals and other matters pertaining to this title. The schedule of fees listed below shall be posted in the office of the Building Inspector and may be altered or amended only by the City Council.

No permit, zone change, conditional use, or variance shall be issued unless or until such costs, charges, fees, or expenses listed below have been paid in full, any action shall not be taken on proceedings before the Planning Board, City Council, or the Board of Adjustment unless or until preliminary charges and fees have been paid in full.

Zoning Amendment $100.00
Zoning Changes $100.00
Variance $70.00
Conditional Uses, $100.00

except:

Manufactured Home Park

$100.00

Recreational Vehicle Park

$100.00

Building Permits

as per building code adopted by the City.
Nonconforming Use Permit $100.00

11.27.080 Applicable Building Codes. Pursuant to 50-60-301 MCA and ARM 8.70.203 the City adopts the following codes: (updated by Ordinance No. 99-2)

1). Uniform Building Code, 1997 ed., as amended by: ARM 8.70.101 (1) (p), ARM 8.70.101(39), ARM 8.70.101(41) through (43);

Together with the following Appendix Chapters:
App. Ch. 3, Divisions I, II, and III, as amended by ARM 8.70.101(24)
App. Ch. 4, Division II
App. Ch. 11
App. Ch. 13, as amended by ARM 8.70.104(20)
App. Ch. 15
App. Ch. 16, Divisions I and IV
App. Ch. 18
App. Ch. 21
App. Ch. 23
App. Ch. 31, Divisions I, II, and III

2). Administrative Rules of the State of Montana: ARM 8.70.1501 through 8.70.1505

3). Uniform Code for the Abatement of Dangerous Buildings 1997 ed.

4). Uniform Housing Code, 1997 ed., as amended by ARM 8.70.102(1) (c)

5). Model Energy Code, 1993 ed., as amended by ARM 8.70.104(1)

6). CABO One and Two Family Dwelling Code, 1995 ed., as amended by ARM 8.70.108(1) through (9)

7). Uniform Code for Building Conservation, 1997 ed.

8). Uniform Plumbing Code, 1997 ed., as amended by: ARM 8.70.302(1)(a) through (g), (i) through (ac) and ARM 8.70.303

These codes are applicable to all buildings within the building code enforcement area of Belgrade, Montana, including but not limited to, residential buildings containing less than five dwelling units or their attached-to structures, and farm or ranch building, and any private garage or private storage structure used only for the owner's own use as provided by 50-60-102(1)(a), MCA.

The City, upon adoption by the State of Montana by proper statute or Administrative Rules, hereby adopts all additions, alterations, amendments and deletions, including all newly adopted Appendices at the same time such statutes or Administrative Rules become effective.

Ordinance 2002-3 established a procedure providing for amendments and changes to City enforced building related codes be adopted via administrative order of the City Manager when amendments and changes are required by the State of Montana through statute or Administrative Rules.

Contact the City Building Department for the most current building related codes that have been adopted by administrative order of the City Manager.