ENFORCEMENT

Montgomery City Code pt. App. C, art. II

in effect

Montgomery City Code, App. C, art. II, § 1 Enforcing officer.

Sec. 1. - Enforcing officer. The provisions of this ordinance shall be administered and enforced by an administrative official. This official shall have the right to enter upon any premises at any reasonable time prior to the issuance of a certificate of occupancy for the purpose of making inspections of buildings or premises necessary in carrying out his duties in the enforcement of this ordinance. In order to assure compliance with this ordinance, it shall also be the responsibility of the electrical and plumbing inspectors to withhold the issuance of final electrical or plumbing permits for structures which do not conform to the zoning ordinance and to report such noncompliance to the building inspector. (Ord. No. 34-65)

Montgomery City Code, App. C, art. II, § 2 Building permit required.

Sec. 2. - Building permit required. It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices or to commence the moving, alteration or repair (except painting or wall papering) of any structure, including accessory structures, until the administrative official of the municipality has issued for such work a building 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 administrative official of the municipality on forms provided for that purpose. A building permit is not required for the grading or filling of a lot or lots where no excavation is made for construction. (Ord. No. 34-65)

Montgomery City Code, App. C, art. II, § 3 Approval of plans and issuance of building permit.

Sec. 3. - Approval of plans and issuance of building permit. It shall be unlawful for the administrative official 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. To this end, the administrative official shall require that every application for a building permit for excavation, construction, use of land, moving or alteration be accompanied by a map or plat drawn to scale and showing the following in sufficient detail to enable the administrative official to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformance with this ordinance: a. The actual shape, proportion and dimensions of the lot to be built upon. b. The shape, size and location of all buildings or other structures to be erected, altered or moved and of any buildings or other structures already on the lot. c. The existing and intended use of all such buildings or other structures. 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 whether the provisions of this ordinance are being observed. If the proposed excavation, construction, moving or alteration as set forth in the application are in conformity with the provisions of this ordinance and other city codes, the administrative official of the municipality shall issue a building permit accordingly. If an application for a building permit is not approved, the administrative official of the municipality shall state in writing on the application the cause for such disapproval. Issuance of a building permit shall, in no case, be construed as waiving any provision of this ordinance.

Montgomery City Code, App. C, art. II, § 4 Certificate of occupancy required.

Sec. 4. - Certificate of occupancy required. A. No land or building or other structure or part thereof hereafter erected, moved or altered in its use shall be used until the administrative official of the municipality shall have issued a certificate of occupancy stating that such land or structure or part thereof is found to be in conformity with the provisions of this ordinance. Within three days after the owner or his agent has notified the administrative official of the municipality that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the administrative official of the municipality to make a final inspection thereof and to issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of this ordinance and other city codes or, if such certificate is refused, to state the refusal in writing with the cause. 1. Temporary occupancy. The building official (administrative official) is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official (administrative official) shall set a time period during which the temporary certificate of occupancy is valid. 2. Revocation. The building official (administrative official) is authorized to suspend or revoke a certificate of occupancy or completion issued under the provisions of this Code, in writing, wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the provisions of this Code or other ordinance of the jurisdiction. a. In the event that the business obtained a business license in reliance on the certificate of occupancy, temporary or otherwise, the business license is automatically suspended or revoked in conjunction with any suspension or revocation of the certificate of occupancy. 3. This ordinance shall become effective immediately upon its passage, approval and publication or as otherwise provided by law. (Ord. No. 48-2025, 10-7-2025)

Montgomery City Code, App. C, art. II, § 5 Penalties.

Sec. 5. - Penalties. Any person violating any provision of this ordinance upon conviction shall be punished as provided for by section 1-6 of the Code of the City of Montgomery, Alabama, 1964 [see now § 1-6 of the new code]. Each day such violation continues shall constitute a separate offense. (Ord. No. 23-77, § 1; Ord. No. 121-77, § 1)

Montgomery City Code, App. C, art. II, § 6 Remedies.

Sec. 6. - 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 administrative official of the municipality or any other appropriate authority or any adjacent or neighboring property owner who would be affected by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to correct or abate such violations or to prevent occupancy of such building, structure or land.

Source: City of Montgomery, Alabama, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/al/montgomery/codes/code_of_ordinances?nodeId=APXCZO_ARTIIENFetched: 11/8/2026