§ 35-2-302. PROCESS FOR ISSUANCE, DENIAL, AND APPEAL.  


Latest version.
  • (a)

    Fees. The County Administrative Officer may:

    (1)

    Establish a schedule of fees for the issuance of permits for the erection, construction, repair, alteration, remodeling, removal, or demolition of a building or structure in the county; and

    (2)

    Increase and decrease the fees when considered necessary and proper.

    (b)

    Application form.

    (1)

    The Building Engineer shall provide permit application forms that require the information that the Building Engineer determines is necessary, including:

    (i)

    The plans and specifications showing the nature and character of the work to be done; and

    (ii)

    The plans and specifications of the building or structure to be erected, constructed, repaired, altered, remodeled, removed, or demolished.

    (2)

    Except as provided in paragraph (3) of this subsection, the Building Engineer may not consider or issue a permit unless all of the information required by the Building Engineer is supplied.

    (3)

    The Building Engineer may waive for cause the requirement to file the plans and specifications.

    (c)

    Disposition of permit fees.

    (1)

    The Building Engineer shall account for and pay to the county all money received from the issuance of permits.

    (2)

    The county shall expend the money received under paragraph (1) of this subsection as part of the general funds.

    (d)

    Written explanation required. The Building Engineer:

    (1)

    May deny, revoke, suspend, annul, or modify a permit; and

    (2)

    Shall certify in writing to the permit applicant the reasons for a denial, revocation, suspension, annulment, or modification of a permit.

    (e)

    Appeal.

    (1)

    An applicant for a building permit may appeal to the County Board of Appeals for review of the denial, revocation, suspension, annulment, or modification of a permit by the Building Engineer by:

    (i)

    Filing a written notice of appeal to the county Board of Appeals not more than 30 days after the denial, revocation, suspension, annulment, or modification of the permit by the Building Engineer;

    (ii)

    Serving a copy of the notice of appeal on the County Attorney; and

    (iii)

    Setting forth in the notice of appeal the grounds for the appeal in clear and concise terms.

    (2)

    Upon payment by the applicant of all costs for preparation, the Department of Permits, Approvals and Inspections shall promptly certify and send to the Board of Appeals the complete file of the record in the case.

(1988 Code, § 7-36) (Bill No. 34-95, § 1, 6-9-1995; Bill No. 39-97, § 4, 6-6-1997; Bill No. 25-01, § 2, 7-1-2004; Bill No. 76-03, § 5, 7-1-2004; Bill No. 122-10, §§ 15, 30, 1-16-2011)