§ 88-615-05. REMEDIES AND ENFORCEMENT POWERS

88-615-05-A. APPLICABILITY

The city may use any lawful remedy or enforcement powers, expressly including those described in this section.

88-615-05-B. REMEDIES CUMULATIVE

The remedies and enforcement powers established in this zoning and development code are cumulative, and the city may exercise them in any order.

88-615-05-C. WITHHOLD PERMIT OR OTHER DEVELOPMENT AUTHORIZATION

1.

City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this zoning and development code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This provision applies regardless of whether the current property owner or applicant is responsible for the violation in question.

2.

City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of this zoning and development code or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a "person" is defined as any individual or business entity with more than a 20% interest in the subject property.

88-615-05-D. PERMITS WITH CONDITIONS

Instead of withholding or denying a permit or other authorization, city officials may grant such authorization subject to the condition that the violation be corrected by a specified time. City officials are also authorized to require adequate financial guarantees that corrective actions will be taken.

88-615-05-E. STOP WORK

1.

Whenever a structure or part of a structure is being constructed, reconstructed, altered, or repaired, or other development is occurring, in violation of this zoning and development code, the city planning and development director may order the work to be immediately stopped.

2.

The stop work order must be in writing and directed to the person doing the work.

3.

The stop work order must state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

88-615-05-F. FORFEITURE AND CONFISCATION OF SIGNS

Any sign installed or placed on public property, except in compliance with the regulations of 88-445, will be subject to forfeiture to the public and confiscation. In addition to other remedies and penalties of this section, the city has the right to recover from the sign owner, or person who placed the sign, the full costs of sign removal and disposal.

88-615-05-G. INJUNCTIVE RELIEF

The city may seek an injunction or other equitable relief in court to stop any violation of this zoning and development code.

88-615-05-H. ABATEMENT

The city may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed before the violation.

88-615-05-I. REMEDIAL ACTION

Any person who violates this zoning and development code by alteration or modification of a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used, is required to remove all fixtures, electrical and plumbing connections, furnishings, partitions and non-load bearing walls used in the violation. Failure to remove any of the foregoing constitutes a separate violation.

88-615-05-J. PENALTIES

1.

Any violation of this zoning and development code is punishable by a fine combined with court costs as follows:

(a)

For the first violation within the twelve-month period preceding the violation date, no more than $200.00;

(b)

For the second violation within the twelve-month period preceding the violation date, no more than $275.00;

(c)

For the third violation within the twelve-month period preceding the violation date, no more than $350.00;

(d)

For fourth and any subsequent violation within the twelve-month period preceding the violation date, no more than $450.00.

2.

For any violation found to endanger the health or welfare of others, fines as set forth in subsection 1 of this section, and/or a jail sentence of not more than 10 days for each and every day such violation continues.

3.

Every day that a violation continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice.

88-615-05-K. OTHER REMEDIES AND ENFORCEMENT POWERS

The city may seek such other remedies and use other enforcement powers, as allowed by law.

(Ord. No. 160607 , § 1, 9-8-2016)