Legal Documents of Baneberry

Code of Baneberry

Table of Contents » Title 12 Building, Utility, etc. Codes » Chapter 2 Building Permit Fees And Inspections » § 12-206 Enforcement.
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12
Title 12
12-1
Title 12, Chapter 1
12-101
§ 12-101
Baneberry
Title 12 : Building, Utility, etc. Codes
Chapter 2 : Building Permit Fees And Inspections

12-206 : Enforcement.

  1. Building official.

    1. The provisions of this chapter shall be administered and enforced by the building official.
    2. The building official shall have the right to enter upon any premise necessary to carry out his duties in the enforcement of this chapter.
    3. The building official shall inspect all construction requiring a building permit a minimum of four (4) times, except as otherwise noted in this chapter.
  2. Certificate of occupancy.

    1. Certification of completion. Upon completion of the construction or alteration of a building for which a building permit has been granted, a site plan, certified by a registered surveyor or engineer, showing the finished location of all structures on the lot shall be submitted to the Baneberry building official with a request for a certificate of occupancy.
    2. Approvals. Within three (3) days of such application, the building official shall make a final inspection of the property in question, and if the building or structure is found to conform to the provisions of the chapter and the statements made in the application for the building permit, the building official or city manager shall issue a certificate of occupancy.
    3. Refusals. If such a certificate is refused, the building official shall state such a refusal in writing with the cause. No land or building hereafter erected or altered in its use, shall be used until such a certificate of occupancy has been granted.
  3. Penalties and remedies.

    1. Compliance. It shall be unlawful for any person to violate or fail to comply with the provisions of the building code of the City of Baneberry. The violation of any section of this chapter shall be punishable by a penalty up to fifty dollars ($50.00), plus court cost. Each day a violation is allowed to continue shall constitute a separate offense.
    2. Code availability. Pursuant to the requirements of Tennessee Code Annotated, § 6-54-502, each of the code books is available for public review at city hall.
    3. Injunctions. In case any building, pool, porch, deck, accessory building, or structure is erected, constructed, reconstructed, repaired, converted or maintained, or any building, pool, structure, or land is used in violation of this chapter, the building official or any other appropriate authority may institute injunction, mandamus or other appropriate action in proceeding to prevent the occupancy or use of such building, pool, structure, or land.
    4. Appeals. An appeal to the board of zoning appeals may be taken by any person, firm or corporation aggrieved, or by any governmental officer, department, board or bureau affected by any decision of the building official based in the whole or part on provisions of this chapter as provided in Baneberry's zoning ordinance.
    5. Variances. A request may be made by any person, firm or corporation for a variance from the terms of this chapter; the Baneberry Zoning Ordinance, Ord. #212-5; the Baneberry Subdivision Regulations, 211-5; and the building ordinances, rules, regulations and codes identified by this chapter.
    6. Rationale. Variance requests may be made where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the adoption of this section was a lot of record; or where by reason of exceptional topographical conditions or other extraordinary or exceptional situation or conditions of a piece of property, the strict application of the provisions of this chapter would result in exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter.
    7. Applicability. This section cannot and does not cover all of the details regarding safe, efficient and effective construction, renovation, relocation, demolition or disposal or residential and commercial buildings, pools, porches, decks, accessory buildings, etc. The details provided in the codes, references and ordinances cited in § 12-305 must be applied in total, and as excepted, edited, or excluded by the adopting ordinances, as applicable, by all involved in the renovation, construction and inspection processes. (Ord. #215-13, July 2015)