ADMINISTRATION AND ENFORCEMENT

Huntsville Code of Ordinances ch. 7, art. VI, div. 2

in effect

Huntsville Code of Ordinances § 7-491 Enforcement officer.

Sec. 7-491. - Enforcement officer. There are established by the city provisions for the enforcement of this article by the manager of the community development division or his duly authorized representative. (Ord. No. 95-634, § 102.1, 9-28-1995)

Huntsville Code of Ordinances § 7-492 Restrictions on employees.

Sec. 7-492. - Restrictions on employees. No code enforcement officer or employee of the division of community development shall be financially interested in the furnishing of labor, materials or appliances for the construction, alteration, repair, maintenance of a building, or in the making of plans or specifications for a building, unless he is the owner of the building. Such officer or employee shall not engage in any work or activity which is inconsistent with his duties or with the interests of the division of community development. (Ord. No. 95-634, § 102.2, 9-28-1995)

Huntsville Code of Ordinances § 7-493 Records.

Sec. 7-493. - Records. The housing official shall keep or cause to be kept a record of the business of the division. (Ord. No. 95-634, § 102.3, 9-28-1995)

Huntsville Code of Ordinances § 7-494 Right of entry.

Sec. 7-494. - Right of entry. The housing official shall enforce the provisions of this article and, upon presentation of the proper identification to the owner, agent, tenant or other person in charge of such property, he or his duly authorized representative may enter any building, structure or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, in which case the limitations of this section shall not apply. (Ord. No. 95-634, § 103.1, 9-28-1995)

Huntsville Code of Ordinances § 7-495 Nonconforming nonresidential buildings; unsafe nonresidential buildings.

Sec. 7-495. - Nonconforming nonresidential buildings; unsafe nonresidential buildings. All nonresidential buildings or structures which are unsafe, unfit for use, or not provided with adequate egress, which constitute a fire hazard, or which are otherwise dangerous to human life, or which constitute a hazard to safety or health due to inadequate maintenance, dilapidation, obsolescence or abandonment, or which otherwise meets the definition of unsafe building as defined in this article are considered unsafe buildings. All such buildings or structures are considered illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of article V of this chapter as adopted by the city. (Ord. No. 95-634, § 103.2.1, 9-28-1995; Ord. No. 07-171, § 18, 3-8-2007)

Huntsville Code of Ordinances § 7-496 Requirements not covered by article.

Sec. 7-496. - Requirements not covered by article. Any requirement, not specifically covered by this article, found necessary for the safety, health and general welfare of the general public or the occupants of a nonresidential building shall be determined by the housing official, subject to appeal to the board of adjustments and appeals. (Ord. No. 95-634, § 103.3, 9-28-1995)

Huntsville Code of Ordinances § 7-497 Reports.

Sec. 7-497. - Reports. The housing official shall keep a record of inspections, notices and other information relating to the enforcement of this article. (Ord. No. 95-634, § 103.4, 9-28-1995)

Huntsville Code of Ordinances § 7-498 Letter of compliance.

Sec. 7-498. - Letter of compliance. A letter indicating compliance with the provisions of this article may be issued by the housing official. (Ord. No. 95-634, § 103.5, 9-28-1995)

Huntsville Code of Ordinances § 7-499 Permits.

Sec. 7-499. - Permits. Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair, move, demolish or change a building or structure, or to cause any such work to be done, shall first make application to the inspection division of the city and obtain the required permit. (Ord. No. 95-634, § 110, 9-28-1995)

Huntsville Code of Ordinances § 7-500 Inspections.

Sec. 7-500. - Inspections. The housing official shall make or cause to be made inspections to determine the condition of nonresidential buildings and premises in the interest of safeguarding the health, safety and welfare of the occupants, tenants and the general public. For the purpose of making such inspections, the housing official or his agent is authorized to enter, examine and survey at all reasonable times all nonresidential buildings and premises. The owner, tenant or the person in charge shall give the housing official free access to such buildings and its premises at all reasonable times for the purpose of such inspections. (Ord. No. 95-634, § 104, 9-28-1995)

Huntsville Code of Ordinances § 7-501 Hardships.

Sec. 7-501. - Hardships. Where the literal application of the requirements of this article would appear to cause undue hardship on an owner or tenant, or when it is claimed that the true intent and meaning of this article or any of its regulations have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal the decision of the housing official to the board of adjustments and appeals, as set forth in section 7-505. (Ord. No. 95-634, § 105, 9-28-1995)

Huntsville Code of Ordinances § 7-502 Substandard nonresidential buildings.

Sec. 7-502. - Substandard nonresidential buildings. (a) Whenever the housing official determines that there are reasonable grounds to believe there has been a violation of the nonresidential building minimum maintenance code, or any rule or regulation adopted pursuant to such code, he shall give notice of such alleged violation to the responsible person. Such notice shall: (1) Be put in writing; (2) Include a listing of the violations; (3) Allow 120 days from the date the notice is issued to make the required repairs; and (4) State that if the violations are not corrected within the stated time, the issuing official may institute legal proceedings charging the person with a violation of this article. (b) Service of notice shall be as follows: (1) By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; (2) By depositing the notice in the United States Postal Service addressed to the owner of record at his last known address with postage prepaid; or (3) By posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises to be repaired. (Ord. No. 95-634, §§ 103.2.2, 103.2.3, 9-28-1995)

Huntsville Code of Ordinances § 7-503 Demolitions.

Sec. 7-503. - Demolitions. When a nonresidential building is to be demolished, it shall be done in accordance with all applicable federal, state and local laws, including any applicable ordinances of the city. (Ord. No. 95-634, § 103.2.4, 9-28-1995)

Huntsville Code of Ordinances § 7-504 Board of adjustments and appeals.

Sec. 7-504. - Board of adjustments and appeals. (a) The housing board of adjustments and appeals created pursuant to section 7-355 is designated as the board of adjustments and appeals for purposes of this article. All powers, duties and functions of the board of adjustments and appeals for this article are delegated to the housing board of adjustments and appeals. (b) The duties of the board of adjustments and appeals shall be to: (1) Consider and determine appeals whenever it is claimed that the true intent and meaning of this article or any of its regulations have been misconstrued or wrongly interpreted. (2) Permit, in appropriate cases where the application of the requirement of this article in the allowance of the stated time for the performance of any action required under this article would appear to cause undue hardship on an owner, one or more extensions of time not to exceed 120 days each, from the date of such decision of the board. Applications for additional extensions of time shall be heard by the board. Such requests for extensions of time shall be filed with the housing official not less than 30 days prior to the current final date for compliance. (c) An appeal shall not be considered where an appeal case has been previously decided involving the same violation. (d) All decisions of the housing board of adjustments and appeals to vary the application of any provision of this article or to modify an order of the housing official shall specify in what manner such variance or modification is made, the condition upon which it is made, and the reasons. Every decision shall be in writing. A copy of all decisions shall be promptly filed in the office of the housing official and shall be open to public inspection. The secretary shall notify the appellant in writing of the final action of the board. (Ord. No. 95-634, § 106, 9-28-1995; Ord. No. 07-171, § 19, 3-8-2007)

Huntsville Code of Ordinances § 7-505 Appeals.

Sec. 7-505. - Appeals. Any person receiving written notice from the housing official of deficiencies in his property under this article may, within 30 days following the date of such notice, enter an appeal, in writing, to the board of adjustments and appeals. Such appeal shall state the location of the property, the date of the notice of violations, and the number of such notice. The appellant must state the variance or modification requested, the reasons for such request, and the hardship or conditions upon which appeal is made. (Ord. No. 95-634, § 107, 9-28-1995)

Huntsville Code of Ordinances § 7-506 Dangerous structures.

Sec. 7-506. - Dangerous structures. Any nonresidential building or accessory structure which is so damaged, decayed, dilapidated, unsanitary, vermin-infested or unsafe that it creates a hazard to the health or safety of the occupants or the public, or one which lacks illumination, ventilation or sanitary facilities adequate to protect the health or safety of the occupants or the public, or otherwise meets the definition of unsafe building as defined in this article shall be condemned as unfit for human habitation and shall be declared an unsafe building. Procedures for such condemnation, and its abatement, shall be carried out in accordance with the provisions as set out in section 7-353 of this Code. (Ord. No. 95-634, § 305, 9-28-1995; Ord. No. 07-171, § 20, 3-8-2007)

Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH7BUBURE_ARTVINOBUMAST_DIV2ADENFetched: 11/6/2026