§ 1.0. General administration.

The provisions of this ordinance shall be administered and enforced by the building official of the city. This official shall have the right to enter upon any premises at any reasonable time prior to the issuance of certificate of occupancy for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance.

1.1.  Establishment of a board of adjustment. There is hereby established for the City of Hoover a board of adjustment whose members shall be appointed by the mayor and Council [sic] of the City of Hoover within thirty (30) days following the adoption by the City of Hoover of the within ordinance. The members of the board of adjustment shall be appointed pursuant to the terms and provisions of section 11-52-80, Code of Alabama, 1975. The board of adjustment herein established shall have only those powers specifically delegated to it by the provisions of section 11-52-80, Code of Alabama, 1975. Applications pending before the board shall not be continued more than three (3) times at the request of the applicant. (Ord. No. 91-1053, § 1, 9-16-91)

1.2.  Building permit. It shall be unlawful to commence earthwork or the construction of any building or other structure, including accessory structures, signs, or to store building materials or erect temporary field offices, or to commence the moving, alteration, or repair of any structure, including accessory structure, until the building official of the city has issued for such work a building permit including a statement that the plans, specifications and intended use of such structure in all respects conform with the provisions of this ordinance. Application for a building permit shall be made to the building official of the city on forms provided for that purpose. Building permits shall not be required for any excavation, construction, or alteration the cost of which is less than one thousand dollars ($1,000.00).

1.3.  Review of building permit applications. It shall be unlawful for the building official of the city to approve any plans or issue a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this ordinance. Said plan shall include:

A.

The actual shape, proportion and dimensions of the lot.

B.

The shape, size, use, and location of all buildings, signs, or other structures to be erected, altered or moved and of any buildings or other structures already on the lot, both above and below existing grade.

C.

The existing and proposed facilities for the disposal of storm water drainage.

D.

The setback and side lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining conformance with the provisions of this ordinance.

E.

Written certification from the appropriate county department that adequate sewerage treatment facilities are available at the proposed site.

F.

Every application for the use of land under and by virtue of the provisions of this ordinance shall include therewith a plan showing the location of necessary fire hydrants with adequate fire flow.

In addition thereto, the applicant shall submit to the city a written agreement between the applicant and the appropriate water authority, which agreement shall specify that the applicant shall assume the responsibility for purchasing and having installed such fire hydrants as required by the Hoover fire department, and that the applicant shall agree to pay the annual rental therefor, and such other charges that may be levied by the water authority for a period of three (3) years from the date of their installation. Such agreement shall be submitted to the building official for his and the Hoover fire [department's] approval, and shall be in full force and effect at the time of the issuance of any building permit provided for hereunder. (Ord. No. 322, §§ 2, 3, 5-4-81)

G.

In the event such application requests such a permit for the construction of a theatre, hotel, state building, private school building or a commercially structured building containing fifteen (15) or more rooms, the applicant shall furnish to the building official a written certification from the applicant's architect affirming that the plans have been approved by the Building Commission of the State of Alabama. (Ord. No. 335, § 6, 10-5-81)

1.31.  Approval of building permit applications. If the proposed excavation, construction, moving or alteration as set forth in the application are in conformity with the provisions of this ordinance, the building official of the city shall issue a building permit accordingly. After construction of the footings and foundation, a post foundation survey shall be prepared by a registered professional land surveyor. Framing of the structure shall not commence until the surveyor has submitted to the building official, a copy of the survey which shall include the lowest finished floor elevation including basement for lots located in Flood Zone A and for lots where such elevation is required by a note on the final plat, along with a letter stating that the foundation conforms to the minimum building setbacks required in the zoning ordinance. (Ord. No. 96-1500, § 1, 8-5-96)

1.32. Denial of building permit applications. The applicant, upon notification in writing by the building official of a building permit denial may contact the city clerk and request a hearing before the board of adjustment.

1.4.  Certificate of occupancy. No land or building or other structure or part thereof hereafter erected, moved or altered in its use shall be used or occupied until the building official of the city shall have issued a certificate of occupancy.

Within three (3) days after the owner or his agent has notified the building official of the city that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the building official of the city to make a final inspection thereof, to issue a certificate of occupancy if the building or premises are found to conform with the provisions of this ordinance or, if such certificate is refused, to notify such applicant in writing of the refusal and the cause or causes therefor. In the event the building official finds that a building or premises is not in conformity with this ordinance and determines that such defect(s) can be remedied, he is authorized to issue a conditional certificate of occupancy conditioned upon the correction of such defect(s) within a specified period of time. In the event the building official finds that a building or premises is not in conformity with this ordinance but that such nonconformity will correct itself within a lapse of time, he is authorized to issue a temporary certificate of occupancy to expire on the date he determines the violations should be remedied. Any such conditions or limitations shall be noted on the building official's records and spread upon the original of any such certificate of occupancy issued under these provisions. In the event that any person, firm, or corporation who has been issued a permanent or temporary certificate of occupancy fails to correct such condition(s) within the time specified therein, the building official is authorized on behalf of the city, to seek injunctive or such other relief as may be appropriate from any court of competent jurisdiction. Appeals from the decision of the building official shall be heard by the board of adjustment.

(Ord. No. 95-1430, § 1, 12-18-95)

1.5.  Expiration of building permit. Any building permit shall expire by limitation (i) under which no construction work has been substantially commenced above the foundation wall or other foundation support within six months from the date of issuance or (ii) where work authorized by such permit is suspended or abandoned. Work authorized by a permit shall be presumed suspended or abandoned if no substantial authorized work is conducted at the site for a period of 90 consecutive days as determined by the official. If a permittee shows, to the satisfaction of the official, good cause for not conducting work during such period, the official may, in the official's discretion, choose not to terminate such permit. Upon reapplication to the building official, a building permit which has expired by limitation may be renewable, subject to the provisions of all ordinances in force at the time of said renewal. In no event shall any permit be renewed more than one time. Notice of expiration of the building permit shall be given in writing by first class mail by the building official to the owner listed in the county tax assessor's records, to the permittee and to any mortgagee on the property.

Upon the termination, cancellation, expiration or revocation of a permit, the building official shall inspect the premises to determine whether any hazards or nuisances exist at the site and shall require owner and/or permittee to remedy such. Failure of the permittee and/or the property owner to remedy such hazards or nuisances within thirty (30) days following written notice from the building official shall cause the structure to be deemed an unlawful structure which shall be remedied by the building official as provided in Section 1.6 herein or as allowed by law. (Ord. No. 09-2181, § 10.D, 11-16-09)

1.6.  Unlawful structure. Any uses of land or dwellings or construction or alteration of buildings, or structures erected, altered, razed or converted in violation of any of the provisions of this ordinance are hereby declared to be a nuisance per se. The building official is hereby authorized to apply to a court of equity to abate the nuisance created by such unlawful use of structure. Whenever the building official has declared a structure to be not conforming with the provisions of this ordinance, the owner or occupant shall, within seventy-two (72) hours from the issuance of a notice from the building official to vacate such premises, accomplish such vacation of such structure or premises which shall not again be used or occupied until such structure or premises has been adapted to conform to the provisions of this ordinance.

1.7. Penalties. Any person, firm, or corporation or other organization which violates any of the provisions of the zoning ordinance shall, upon conviction, be fined in accordance with the provisions of section 1-5 and/or section 1-6 of the Municipal Code of the City of Hoover, Alabama. Each day a violation continues shall be considered a separate offense. (Ord. No. 96-1517, 11-4-96; Ord. No. 11-2210, § 2, 11-21-11)

1.8.  Remedies. In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this ordinance, the building official of the city or any other appropriate authority or any adjacent or neighboring property owner who would be damaged or caused hardship by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to stay or prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violation or to prevent occupancy of such building, structure or land.