CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 43
BUILDING INSPECTOR AND BUILDING PERMITS

Section 11-43-1. Enforcement.

(a)

It shall be the function and duty of the Building Department of the City of Northglenn to enforce this Ordinance, except that any provisions hereof which direct enforcement by another department, agency or officer of the City, shall be enforced as therein provided. The Chief Building Official and the persons employed by the City as building inspectors in the Building Department shall be and are hereby declared to be officers of the City of Northglenn authorized to exercise the enforcement powers provided by this Ordinance.

(b)

Whenever a building inspector has reason to believe that any person has violated the provisions of this Ordinance, he may, in his capacity as such officer, issue and serve a summons and complaint requiring such person to appear before the Municipal Court of the City of Northglenn to answer charges of such violation. A summons and complaint signed by a building inspector may be served by another building inspector or by a police officer or by any person authorized by law to serve process.

(c)

A building inspector is authorized to enter upon and inspect any public or private property in the City of Northglenn for the purpose of enforcement of this Ordinance, including determination of compliance with the provisions of this Ordinance. Whenever such building inspector shall have probable cause to believe that a violation of this Ordinance exists, or that such violation is being or has been committed, he shall enter such property and make such inspection in the interest of public safety.

(d)

A search warrant may be issued by any judge of the Municipal Court of the City of Northglenn, for the inspection of private premises by a building inspector upon showing that the premises are located within the City of Northglenn; that the inspection is required or authorized by the organic law or ordinance of the City in the interest of public safety; and that:

(1)

The owner or occupant of such premises has refused entry to the building inspector; or

(2)

The premises are locked and the building inspector has been unable to obtain permission of the owner or occupant to enter. Such search warrant shall issue pursuant to the provisions of Rule 241, Rules of Municipal Court Procedure, and shall be directed to and executed by an officer of the Department of Public Safety.

[Source: Ord. 179, 1973]

Section 11-43-2. Building Permit Required.

(a)

No person shall commence the excavation for, erect, construct, reconstruct, or remodel any structure, dwelling or building in the City of Northglenn without first obtaining a building permit from the Building Department of the City of Northglenn, signed by a building inspector.

(b)

The application for a building permit shall be made as now and hereafter provided in the Uniform Building Code Ordinance of the City of Northglenn.

(c)

No building permit shall be issued until the Building Department determines that the proposed dwelling, structure, building, erection, construction, or remodeling complies with all of the provisions of this Zoning Ordinance.

[Source: Ord. 309, 1974]

(d)

No building permit shall be issued for any new development or redevelopment project until completion of such administrative review as is determined by the City Manager to be necessary and adequate to ensure compliance with all applicable Federal, State and local regulations. Fees for said administrative review shall be as provided in Section 11-45-7 of this Zoning Ordinance.

[Source: Ord. 1065, 1992]

Section 11-43-3. Certificate of Occupancy Required.

(a)

No building, dwelling, or structure constructed or erected in the City of Northglenn, and no addition made to a previously existing building, dwelling, or structure shall be occupied until a Certificate of Occupancy has been issued by the Building Department, except that:

(1)

When the only structure constructed or erected on the property is a fence, a Certificate of Occupancy is required only if a building permit is required under the provisions of Section 11-34-1 of this Chapter.

(2)

A Certificate of Occupancy shall not be required for the addition of a fence to an occupied building, dwelling, or structure unless the construction of such fence requires a building permit under the provisions of Section 11-34-1 of this Chapter.

(b)

No land vacant on the effective date of this Ordinance, except land in agricultural zone districts, shall be used for any purpose until a Certificate of Occupancy has been issued by the Building Department.

(c)

No change in a use of land, other than that of a use-by-right in the zone district, shall be made until a Certificate of Occupancy has been issued by the Building Department.

(d)

Every Certificate of Occupancy shall state, in addition to the requirements of other ordinances of the City, that the use or occupancy complies with all the provisions of this Zoning Ordinance and all applicable City Ordinances and no Certificate of Occupancy shall be issued in the absence of such compliance.

(e)

Where an occupancy permit is required, the application for a building permit may be regarded as an application for a Certificate of Occupancy.

(f)

If no building permit is required, but a Certificate of Occupancy is a necessary prerequisite to the establishment, maintenance, or change of a use, application for a Certificate of Occupancy shall be made to the Building Department.

(g)

No Certificate of Occupancy shall be issued until the Building Department determines that the dwelling, structure, building, erection, construction, remodeling, use or change of use complies with all of the provisions of this Zoning Ordinance.

[Source: Ord. 776, 1985]

Section 11-43-4. Invalid and Void Permits and Certificates of Occupancy.

(a)

Any building permit or Certificate of Occupancy issued in violation of the provisions of this Ordinance shall be void.

(1)

Any building permit or Certificate of Occupancy shall be invalid and voidable to the extent to which the same purports to authorize anything to be done in violation of any ordinance of the City of Northglenn.

(2)

No legal or equitable rights shall be acquired under any void or invalid building permit or Certificate of Occupancy.

(b)

A building inspector is without authority to waive or agree to waive any of the provisions of this Zoning Ordinance.

(c)

No oversight, dereliction, mistake, consent, or agreement on the part of a building inspector shall legalize, authorize, excuse, or justify any violation of the provisions of this Ordinance.

[Source: Ord. 309, 1974]

Section 11-43-5. Reserved.

[Source: Ord. 1130, 1995]