HomeMy WebLinkAboutO-1766ORDINANCE NO. 1766
AN ORDINANCE DISCO TINUING THE ISSUANCE OF BUILDING PERMITS
OUTSIDE OF THE CORPORATE LIMITS WITHIN THE POLICE JURISDICTIO
AND REPEALING ORDINANCE NO. 1129 REGARDING THE ISSUANCE OF
BUILDING PERMITS WITID THE POLICE JURISDICTIO OF THE CITY OF
FAIRHOPE, SECTIO 7-16 OF THE CITY OF FAIRHOPE CODE OF ORDINANCES
WHEREAS, Baldwin County enforces ordinances regarding the issuance of building permits,
regulation of the construction of buildings , and enforcement of buildin g codes in the County
outside of the corporate limits of the C it y of Fairho pe ; and
WHEREAS, Baldwin Co unty has provided notice to the City of Fairhope of its intent to assume
responsibility for the iss uance of building permits, regulation of the construction of buildin gs,
and enforcement of building codes outside of the corporate limits of the City of Fairhope and
within Fairhope's police jurisdiction pursuant to Alabama Code§ 11-40-10(b)(2) in accordance
with changes to the law created by Act 2021-297 (S B 107 ).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Pursuant to Alabama Co de § 11-40-l O(b )(2) and the changes created by Act 202 1-297 (SB 107),
the City of Fairhope hereby discontinues the issuance of building permits outside of the corporate
limits of Fairhope within Fairhope 's police jurisdiction for Baldwin Co unty to assume
responsibility for regulation of all new building permit applications and enforcement of building
codes outside of the corpo rate limits of the City of Fairhope. Additionally, the City of Fairhope
City Council repeals the following Section of the City of Fairhope Code of Ordinances: Section
7-16 . "Issuance of Building Permits : The City shall start issuing building permits with the Police
Jurisdiction of the City of Fairhope."
The Fairhope Building Department shall work with the Baldwin County Building Department to
coordinate the transition and appropriate oversight of buildin g projects outside of the corporate
limits in Fairhope 's police jurisdiction . The City of Fairhope Building Department will continue
with the inspection of the construction of buildings, enforcement of building codes , and
regulation of buildings where the City has ei th er (1) recei ved a building permit application or (2)
has issued a building permit prior to December 31 , 2022 in Fairhope 's police jurisdiction until
such time as building completion , a certificate of occupancy is issued or as otherwise set forth
under Alabama la w.
Severability Clause. The sections , paragraphs , sentences , clauses and phrases of this ordinance
are severable, and if any phrase , clause, sentence, paragraph or sec tion of this ordinance shall be
declared uncon stitutional by a court of competent jurisdiction, then such ruling shall not affect
any other paragraph s and sections , since the same would have been enacted by the municipality
council without the incorporation of any such unconstitutional phrase, clause, sentence,
paragraph or section.
Effective Date. This ordinance shall take effect January 1, 2023 , and upon its due adoption and
publication as required by law.
ADOPTED THIS THE 12TH DAY OF DECEMBER, 2022
Attest:
~Ill~
City Clerk
ADOPTED THIS THE 12TH D