When the City determines that a land development
or redevelopment activity is not being carried out in accordance with
the requirements of this chapter, it may issue a written notice of
violation to the landowner. The notice of violation shall contain:
A. The name and address of the landowner, developer or
applicant.
B. The address, when available, or a description of the
building, structure or land upon which the violation is occurring.
C. A statement specifying the nature of the violation.
D. A description of the remedial measures necessary to
bring the land development or redevelopment activity into compliance
with this chapter and a time schedule for the completion of such remedial
action.
E. A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
F. A statement that the determination of violation may
be appealed to the City by filing a written notice of appeal within
15 days of service of notice of violation.
The City may issue a stop-work order for violations
of this chapter. Persons receiving a stop-work order shall be required
to halt all land development or redevelopment activities, except those
activities that address the corrections of the violations leading
to the stop-work order. The stop-work order shall be in effect until
the City confirms that the land development or redevelopment activity
is in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal, or monetary penalties in accordance with the enforcement
measures authorized in this local code.
Any land development or redevelopment activity
that is commenced or is conducted contrary to this chapter may be
restrained by injunction or otherwise abated in a manner provided
by law.
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week’s continued violation shall constitute
a separate additional violation.
If any building or land development or redevelopment
activity is installed or conducted in violation of this chapter, the
SMO may prevent the occupancy of said building or land.
Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the City may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.