Article 3. Administration, Permits, Enforcement, Violations and Fees

19.3.1.     Division of administrative responsibility.

The administration of these regulations is vested in the following governmental branches of the City who shall have the responsibilities hereinafter set forth:

The Bel Aire City Council.

The Bel Aire City Manager, and his/her designees, including:

Bel Aire City Clerk

Bel Aire Zoning Administrator

Bel Aire Zoning Administrator

Bel Aire Code Enforcement Officer

Bel Aire Planning Secretary

The Bel Aire Planning Commission, and associated sub-committees.

The Bel Aire City Engineer.

The Bel Aire City Attorney.

19.3.2.     Duties of the zoning administrator.

The Zoning Administrator, or designee, shall administer the provisions of these regulations and in furtherance of such authority, shall:

Serve as an assistant to the Planning Commission on (1) the review of sketch plans, plats and lot splits; and (2) the vacation of plats, rights-of-way, easements and other public reservations.

Inform applicants of procedures required for subdivision approval and vacations, provide application forms and other administrative forms to facilitate the process, and convey to subdividers the decisions of the Planning Commission.

Receive and establish files for all sketch plans, preliminary and final plats, replats, final plats for small tracts, lot splits and vacations together with applications therefore.

After determining the adequacy of the information submitted as suitable for distribution, forward copies of the preliminary plat and final plats for small tracts, when deemed necessary, to other appropriate governmental agencies and public and private utilities providers for their comments and recommendations.

Review and compile a list of comments on all preliminary plats to determine whether such plats comply with these regulations and similarly review and compile a list on all final plats to determine whether they comply with the preliminary plat, if any, and these regulations.

Forward sketch plans, preliminary and final plats and lot splits to the Planning Commission for their consideration, together with the list of comments and recommendations.

Following review recommendation by the Planning Commission on all matters reviewed by the Planning Commission, check and assemble all pertinent data and drawings, then forward such recommendation and associated documentation to the Governing Body for final action.

Make such other determinations and decisions as may be required by these regulations.

19.3.3.     Duties of the city clerk.

The City Clerk shall:

File at least one copy of these regulations marked by the Clerk as "Official Copy as Incorporated by Ordinance No. _", (i.e., the ordinance adopting these regulations as approved by the Governing Body). Such copies maintained by the Clerk shall be open to inspection and available to the public at all reasonable business hours.

Distribute at cost to the City, official copies of these regulations to the police department, court, City Manager, zoning inspector, building inspector, City Attorney and all administrative departments of the City charged with the enforcement of these regulations.

Process the required fees.

Provide clerical assistance to the Governing Body so as to facilitate and record their actions in the exercise of their duties relating to these regulations.

19.3.4.     Duties of the planning commission.

The Planning Commission shall:

Review the sketch plans, when submitted, and forward comments to the potential subdivider whenever this responsibility is not otherwise performed by a Subdivision Committee.

Review and approve, approve conditionally or disapprove preliminary plats and lot splits.

Review and approve, approve conditionally or disapprove final plats and transmit the same to the Governing Body for their acceptance of dedications of streets, alleys and other public ways and sites.

Make recommendations to the Governing Body on vacations of recorded plats, rights-of- way, easements and other public reservations.

Make such other determinations and decisions as may be required of the Commission from time to time by these regulations or applicable sections of the Kansas Statutes Annotated.

19.3.5.     Duties of the governing body.

The Governing Body shall:

Accept or not accept dedications of streets, alleys and other public ways and sites shown on final plats and, in cases of disapproval or modification, inform the subdivider in writing of the reasons.

Approve or not approve vacations of recorded plats, rights-of-way, easements and other public reservations and, in the unincorporated area, to recommend or protest such vacations to be considered by the Board of County Commissioners.

19.3.6.     Building permits.

No building permit or occupancy certificate except those involving repairs, maintenance, continuation of an existing use or occupancy or accessory structures, shall be issued for a principal building or structure or use on any lot, tract or parcel of any subdivision that is subject to the provisions of these regulations until a copy of the recorded plat is available for examination by the applicable official charged with issuing such permits or certificates.

Furthermore, no such building or zoning occupancy certificates shall be issued for the use of any building or structure within a subdivision approved for platting, replatting or lot splitting until required utility facilities have been installed and made ready to service the property, roadways providing access to the subject lot or lots have been constructed or are in the course of construction, or guarantees have been provided to ensure the installation of such utilities and roadways. If platting is not required, dedications in lieu of platting may be required to obtain easements and access control and to widen rights-of-way as well as to provide necessary public improvements during the process of issuing permits. (See Vesting of Development Rights and Exemptions From Platting.)

19.3.7.     Enforcement.

It shall be the duty of the building inspector or any inspector working under his or her direction to enforce the provisions of this Code and to refuse to issue any permit for any building or structure for the use of any premises that would violate any of the provisions hereof, and to cause any building, structure, place, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or threat in violation of any provision of this Code. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Code, the building inspector is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation and to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, or use in or about such premises in any manner provided for in this Code or in State law.

No plat shall be entitled to be recorded at the County Register of Deeds, or have any validity, until it shall have been approved in the manner prescribed in these regulations. The following actions are specifically prohibited:

The transfer or sales of any lot, tract or parcel of land located in a plat accepted for dedications by the Governing Body which has not been recorded with the Register of Deeds.

The recording of any plats or replats of land laid out with building lots, roads or streets, alleys, utility or other easements and dedications to the public unless the plat or replat bears the signatures required by K.S.A. 12-401, 12-752, and 58-2005.

19.3.8.     Violation enforcement procedures

Written Notice: In the case of violations not involving continuing construction or development or any emergency situation, the City shall give written notice of the nature of the violation to the owner, occupant or agent of the property at the last known address in conformance with K.S.A. 12-1617e. The contents of the notice shall give a description of the nature of the violation that would reasonably allow the property owner or other responsible person, representative or tenant to determine the nature of the violation to allow for self-abatement.

Immediate enforcement: If an authorized agent of the City makes a reasonable determination that a violation of either these Regulations or the approved plan, license, or permit has occurred, and such violation involves continuing construction or can be minimized by immediate action, or an emergency situation exists involving a violation of these Regulations, the City may immediately use the enforcement powers and remedies available to it pursuant to this code, including, but not limited to: permit revocation, stop work, withdrawal of Certificate of Occupancy, and/or filing a complaint, and/or seeking criminal penalties in Municipal Court.

Any party submitting, applying for, or accepting any plan, license or permit associated with construction within the City acknowledges and accepts the City’s authority to take immediate enforcement action 1) to abate emergency situations deemed a hazard to the health, safety, and welfare of the community, or any individual thereof, or 2) to immediately stop, either temporarily or permanently, any action taken in violation of the project approvals which immediate stoppage is very likely to limit or reduce the harm, cost, or violation. No other notification procedures are required as a prerequisite to such immediate enforcement action.

19.3.9.     Violations of prior regulations

All violations of prior subdivision regulations of the City, or any Sedgwick County or township regulations that have accrued in the corporate area of the City as of the effective date of these Regulations, shall continue to be violations and, additionally, the City may secure civil remedies for violations of any such violations and of these Regulations.

19.3.10.     Civil and administrative remedies in response to violations

The City shall have the following remedies and enforcement powers:

Withhold permits or approvals: The City may deny or withhold all permits, certificates, plan or plat approvals or other forms of authorization on any building, structure or land, or improvements thereon, upon which there is an uncorrected violation of any provision of these Regulations or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. The City may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected. The provisions of this subsection shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

Revoke permits:

A permit may be revoked by the Zoning Administrator, or his/her designee at any time, when it appears to such official that one (1) or more of the following conditions are present:

There is departure from the plans, specifications or conditions as required under the terms of the permit.

That the permit was procured by false representation.

That the permit was issued by mistake, or

That any of the provisions of these Regulations are being violated.

Written notice of such revocation shall be served upon the owner, the owner’s agent or contractor, or upon any person employed in the building or structure for which such permit was issued and/or shall be posted in a prominent location on the property. Where notice of revocation has been served or posted, no further construction or use of the property shall proceed. Failure to abide by a Stop Work Order associated with revocation of a permit is a violation of this Section and may be prosecuted in the City’s municipal court.

Any revocation of a permit may be appealed in writing to the City Manager within five (5) days of any such revocation. The City Manager shall make a written response to such appeal. Such written response shall be a final decision.

Stop work: With or without revoking permits, the City may stop work on any development, building, or structure on any land on which there is an uncorrected violation of a provision of these Regulations or a violation of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. Failure to abide by a Stop Work Order is a violation of this Section and may be prosecuted in the City’s municipal court.

Revoke plan or other means of approval: Where a violation of these Regulations involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City shall, upon notice to the applicant, revoke the plan or approval or condition and adhere its continuance on strict compliance, including such other conditions as the City may reasonably impose to assure compliance with the terms of the plan or other approval.

Civil remedies: The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of these Regulations and to abate nuisances maintained in violation thereof. In the event that any building or structure is proposed to be erected, constructed, altered, converted, occupied, or maintained in violation of these Regulations, any appropriate authority of the City may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, occupation, or use or to correct or abate such violation or to prevent the occupancy of such building, structure or land.

Cumulative: These remedies shall be cumulative.

Flood Plain Violations. Any person, company, corporation, institution, municipality, or agency of the state that violates any provision of the flood plain provisions of these regulations shall be subject to the penalties and remedies as provided in this Article, in accordance with K.S.A. 12-761. Such remedies may also be instituted by the Attorney General and the Chief Engineer of the Division of Water Resources of the Kansas State Board of Agriculture.

Other remedies: In addition to the enforcement powers and remedies specified in this title, the City may exercise any and all enforcement powers and remedies granted to it by Kansas state law, as it may be amended from time to time.

19.3.11.     Jurisdiction of municipal court

In addition to any other civil or criminal response to violations, violations of any provision of these Regulations, including violation of a Stop Work Order issued by the Zoning/Zoning Administrator, may be prosecuted in the municipal court of the City.

All real and personal property owners, individuals obtaining licenses to complete any plan or project, and contractors/subcontractors performing work within the City in conformance with such plan shall be liable for any violation of these Regulations associated with their property, license, job, project, or work performed. Any violation of the provisions of these regulations shall be a misdemeanor and shall be punishable by a fine of not to exceed $500 or by imprisonment for not more than six months for each offense or by both such fine and imprisonment. Each day’s violation shall constitute a separate offense.