CONTENTS

ARTICLE XIV ADMINISTRATION AND ENFORCEMENT

14.1 ADMINISTRATION

The provisions of this Ordinance shall be administered by the Beulah Village Council in accordance with the State of Michigan Act 207 of the Public Acts of 1921, as amended.

A. Authority. The Beulah Village Council shall appoint a Zoning Administrator to act as its officer and except as otherwise provided in this Ordinance; the Zoning Administrator shall have the authority to administer the provisions of this Ordinance. The Village Council shall also designate a person to act in the absence of the Zoning Administrator. The Zoning Administrator or his/her designee shall have the authority to receive and process applications for land use permits, special land use permits, Ordinance amendments, appeals and variances or other matters the Zoning Board of Appeals or Village Council are required to decide. The Zoning Administrator shall also have the authority to inspect premises, issue decisions and orders and institute proceedings to enforce the provisions of this ordinance.

B. Land Use Permit Required. It shall be unlawful for any person to commence the erection or addition to any structure or to change the use of any existing building or land area without first securing a Land Use Permit from the Zoning Administrator. Except upon written order from the Zoning Board of Appeals, no such Land Use Permit shall be issued for any building or land where the use or performance requirements of this Ordinance would be violated.

C. Land Use Permit Application Requirements. A Land Use Permit application, signed by the owner or a duly authorized agent of the owner, shall be filed in writing with the Zoning Administrator. Three (3) identical scale drawings and written documentation shall be included with the Land Use Permit application that includes the following information:

1. The existing and intended use of the building or land.

2. Property dimensions and proposed setbacks.

3. The location of proposed structures and uses both existing and

proposed.

4. Evidence of ownership.

5. Existing and proposed grade and drainage system at intervals not exceeding two (2) feet.

D. Waiver of Requirements. In cases of minor alterations the Zoning Administrator shall have the authority to waive the requirements of subsection C.

E. Display. The Land Use Permit shall be displayed face out, in a conspicuous location, within 24 hours of issuance and shall be so displayed until all work is completed.

F. Fee Schedule and Escrow Account for Zoning Fees.

1. To assist in defraying the costs of investigating, reviewing, and administering zoning applications, appeals, rezoning requests from individual property owners, and other types of decisions which result in costs to the Village, the Village Council may from time to time adopt by resolution a fee schedule establishing basic zoning fees related to the following:

a. Land Use Permits.

b. Special Use and Housing Cluster Option permits.

c. Appeals to or requests for interpretations by the Zoning Board of Appeals. Appeals and requests for interpretations initiated by the Village Council or the Zoning Administrator shall not be subject to a zoning fee.

d. Classification of unlisted property uses.

e. Requests for variances from the Zoning Board of Appeals.

f. Requests for rezoning of property by individual property owners. Rezoning of property initiated by the Village Council shall not be subject to a zoning fee.

g. Site plan reviews.

h. Temporary dwelling permits issued by the Zoning Administrator.

i. Any other discretionary decisions by the Village Council or Zoning Board of Appeals.

The amount of these zoning fees shall cover the costs associated with the review of the application or appeal, including but not limited to the costs associated with conducting public hearings, publishing notices in the newspaper, sending required notices to property owners, postage, photocopying, mileage, time spent by zoning staff, and time spend by the members of the Village Council and/or Zoning Board of Appeals. The basic zoning fees are non-refundable, even when an application or appeal is withdrawn by the applicant.

2. If the Village Council or Zoning Board of Appeals determines that the basic zoning fees will not cover the actual costs of the application review or appeal, or if the Village Council or Zoning Board of Appeals determines that review of the application and/or participation in the review process or appeal by qualified professional planners, engineers, attorneys, or other professionals is necessary, then the applicant shall deposit with the Village Clerk such additional zoning fees in an amount determined by the Village Council or Zoning Board of Appeals equal to the estimated additional costs. The additional zoning fees shall be held in escrow in the applicant's name and shall be used solely to pay these additional costs. If the amount held in escrow becomes less than ten percent 10%) of the initial escrow deposit or less than ten percent (10%) of the latest additional escrow deposit and review of the application or decision on the appeal is not completed, then the Village Council or Zoning Board of Appeals may require the applicant to deposit additional fees into escrow in an amount determined by the Village Council or Zoning Board of Appeals to be equal to the estimated costs to complete the review or decide the appeal. Failure of the applicant to make any escrow deposit required under this Ordinance shall be deemed to make the application incomplete or the appeal procedurally defective thereby justifying the denial of the application or the dismissal of the appeal. Any unexpended funds held in escrow shall be returned to the applicant following final action on the application or the final decision on the appeal. Any actual costs incurred by the Village in excess of the amount held in escrow shall be billed to the applicant and shall be paid by the applicant prior to the issuance of any permit or the release of a final decision on an appeal.

14.2 ENFORCEMENT

A. Authority. The Zoning Administrator shall have the authority to enforce the provisions of this Ordinance. Any land, dwellings, buildings, or structures, used, erected, altered, razed or converted in violation of this Ordinance or in violation of any regulations, conditions, permits or other rights granted, adopted or issued pursuant to this Ordinance are hereby declared to be a nuisance per se.

B. Investigation; correction period. The Zoning Administrator shall investigate each alleged violation and shall send to the alleged violator by certified mail a written notice specifying all violations and ordering him or her to correct the violation within thirty (30) days of the notice.

C. Violations. Any person who fails to correct a violation of any provision of this Ordinance within the specified date of the notice ordering the correction shall be guilty of a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than Five Hundred and 00/100 ($500.00) Dollars. Each day this Ordinance is violated shall be considered as a separate violation.

D. Enforcement. The Zoning Administrator is hereby designated as the authorized village official to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court.

E. Abatement. In addition to enforcing this Ordinance through the use of a municipal civil infraction proceeding, the Village may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this Ordinance.

14.3 CONFLICTING REGULATIONS

In the interpretation, application and enforcement of this Ordinance, whenever any of the provisions or limitations imposed or required by the provisions of this Ordinance are more stringent than any other law or ordinance, then the provisions of this Ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than is imposed or required by this Ordinance, then the provisions of such other law or ordinance shall govern.