Article 22 — Applications and Fees

The following provisions are intended to prescribe the procedures and requirements for filing of applications for permits, amendments and approvals.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)

Application for permits, permit modifications, amendments and all other matters pertaining to this Code shall be filed with the Department on City application forms, together with all fees, plans, maps and any other information required by the Department. The application may only be made by the owner(s) or lessee(s) of property or their agent(s) or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Code, or their agent(s). (§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)

The Council shall, by resolution, establish a "Schedule of Fees" for permits, amendments and other matters pertaining to this Code. The "Schedule of Fees" may be changed or modified only by resolution of the Council. Review shall not commence on any application until all applicable fees have been paid in full. The City is not required to continue processing any application unless additionally required fees are paid in full. Failure to pay the applicable fees is grounds for disapproval of the application.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)

1. Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts and staff time involved in processing applications, no refunds are allowed.

2. The Director may authorize a refund based upon a determination that the application was accepted in error.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)

1. The Director shall not find the application complete, and/or shall not process or approve the application, if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, other than an application for the approval, entitlement or permit, if any, needed to correct the violation.

2. The Director's authority under this section shall apply whether:

   • A. The current applicant was the owner of the subject property at the time the violation occurred; or

   • B. The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

3. The Director's decision may be appealed in compliance with Article 23 of this chapter (Hearings and Appeals).

• (§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)

It is the responsibility of the applicant to establish the evidence in support of the findings required by the applicable sections entitled "Findings."

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)

1. Permits or licenses shall be issued by the City in compliance with the provisions of this Code, after the effective date of this Code, or amendment thereto. Permits or licenses issued in conflict with this Code shall be void.

2. Elected or appointed officials or City staff, when conducting their assigned responsibilities, shall not be held liable for any damages or losses claimed on behalf of an applicant or an interested party.

• (§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)