Odom, 022719 ALAGO, AGO 2019-023

• Case Date: February 27, 2019
• Court: Alabama

Honorable Jason C. Odom AGO 2019-023 No. 2019-023 Alabama Attorney General Opinion State of Alabama Office of The Attorney General February 27, 2019          Honorable Jason C. Odom Attorney,          City of Weaver          110 East 15th Street          Anniston, Alabama 36201          Municipalities - Counties - Building Code - Building Permits          The City of Weaver, by ordinance, may cease requiring building permits for construction.          The Calhoun County Commission may require permits in the corporate limits if the city council consents for the county to apply its building codes.          Dear Mr. Odom:          This opinion of the Attorney General is issued in response to your request on behalf of the City of Weaver.          QUESTIONS          (1) May the City of Weaver, by municipal ordinance, cease requiring building permits for construction?          (2) If so, is the city required to coordinate with the Calhoun County Commission if the county were to assume the function of requiring permits?          FACTS AND ANALYSIS          Your request states that the City of Weaver currently requires builders proposing new construction to obtain a building permit and become subject to inspections conducted by the city building inspector. You further state that the city desires to eliminate the costs associated with hiring an inspector and enforcing permits.          Section 10-54 of the Weaver City Code provides that "[p]ermits are required for all construction and/or repair projects and a fee shall be paid at the time of filing an application for such permit. The amounts of the fee shall be as established from time and time by the mayor and city council." Weaver City Code § 10-54 (1996). Furthermore, section 10-56 requires those seeking such a permit to apply with the city clerk, informing the clerk of specified details of the proposed construction. Weaver City Code § 10-56 (1996). Under section 10-1, the building inspector is charged with enforcing the issuance of permits. Weaver City...