Whenever in the opinion of the City Code Enforcement Officer,
after proper examination and inspection, there appears to exist a
violation of any provision of this chapter, or of any rule or regulation
adopted pursuant thereto, he or she shall serve a written notice of
violation upon the owner or occupant of the premises.
A. Notice of violation. Such notice of violation shall inform the recipient
of:
(1) The nature and details of such violation.
(2) Recommended remedial action which, if taken, will effect compliance
with the provisions of this chapter and with rules and regulations
adopted pursuant thereto.
(3) The date of compliance by which the violation must be remedied or
removed.
(4) The right to a hearing before the City Code Enforcement Officer in accordance with Subsection
C of this section.
B. Extension. The City Code Enforcement Officer may extend the date
of compliance in a notice of violation after written application,
if in his opinion there is reasonable evidence of intent to comply
and that reasonable conditions exist which prevent compliance by the
specified date.
C. Request for hearing. Any person served with a notice of violation in accordance with Subsection
A and who denies the violation or is allegedly aggrieved by the required action necessary for compliance may, within 10 days after service of notice, make a request, in writing, for a hearing before the City Code Enforcement Officer stating the reasons why such a hearing is requested.
D. Abeyance. Compliance with a notice of violation shall not be required
while a hearing is pending.
E. Hearing. The City Code Enforcement Officer shall acknowledge receipt,
in writing, and set a time and place for such hearing, not later than
30 days after the date the request was received. Hearings may be postponed
beyond 30 days by the City Code Enforcement Officer for just cause,
and notice of postponement shall be served. The person requesting
the hearing shall be required to show cause or give evidence why he
or she should not be required to remedy the violation or why he or
she is unable to comply with the remedial action outlined in the notice
of violation.
F. Findings. After consideration of all testimony given at the hearing held in accordance with Subsection
E of this section, the City Code Enforcement Officer shall sustain, withdraw or modify the notice of violation as originally served. If such notice is sustained or modified, the City Engineer shall set a new compliance date by which the violation shall be remedied or removed in accordance with the original notice of violation or modified remedial action specified at the hearing.
G. Certificate of zoning compliance. On reinspection following the expiration
of the date of compliance as specified in the notice of violation,
if the violation has been remedied or removed in accordance with the
specified remedial action and there is no longer a violation of any
provision of this chapter, then a certificate of zoning compliance
shall be issued by the City Code Enforcement Officer.
H. Legal action by the City for noncompliance. On reinspection following the expiration of the date of compliance, as specified in the notice of violation or as extended in accordance with Subsection
B of this section, if the remedial action specified has not been carried out and there is still in existence, in the opinion of the City Code Enforcement Officer, a violation of provisions of this chapter, then the City Code Enforcement Officer shall immediately refer the matter to the City Attorney who shall thereupon institute appropriate legal action to restrain, prevent, enjoin, abate, remedy or remove such violation and to take whatever other legal action is necessary to compel compliance with this chapter.
I. Failure to apply for building permit or certificate of occupancy. See Chapter
86, Building Construction, Article
III, Building Permits, and Article
IV, Certificates of Occupancy and Certificates of Compliance, of the City Municipal Code.
See Chapter
86, Building Construction, Article
III, Building Permits, of the City Municipal Code.
See Chapter
86, Building Construction, Article
IV, Certificates of Occupancy and Certificates of Compliance, of the City Municipal Code.
Any owner, tenant, or occupant of any building or land who commits,
participates in, assists, directs, creates or maintains any situation
that is in violation of the terms and provisions of this chapter may
be issued a citation by the Code Enforcement Officer.
A. Penalties.
(1) Whenever a ticket or summons of such violation of this chapter has
been served, each day the offender continues such a violation after
such notification shall constitute a separate offense punishable by
a like fine or penalty.
(2) Additional tickets will not be issued if:
(a)
The violation is actively being cured pursuant to a written
plan, including a clear time frame and deadline, accepted by the Code
Enforcement Officer. Failure to actively cure the violation as specified
in the plan shall reactivate the enforcement process at the point
where discontinued; or
(b)
A complete application has been submitted to the applicable
board or commission to bring the violation into conformance until
after the board or commission renders a decision.
B. Remedies. Appropriate actions and proceedings may be taken by law
or in equity to prevent any violation of this chapter, to prevent
unlawful construction, to recover damages, to restrain, correct or
abate a violation and to prevent illegal occupancy of a building,
structure or premises. Other administrative remedies may include:
(1) Cease and desist orders. The City Code Enforcement Officer shall
have the authority to issue cease and desist orders in the form of
written official notices given to the owner of the subject building,
property, or premises, or to his agent, lessee, tenant, contractor,
or to any person using the land, building, or premises where such
violation has been committed or shall exist.
(2) Permit issuance. No building permit or special use permit shall be
issued by the City for any purpose except in compliance with the provisions
of this chapter and other applicable chapters and laws.
(3) Permit revocation. The Code Enforcement Officer may revoke a building
permit or special use permit in those cases where determination has
been duly made that false statements or misrepresentations existed
as to material fact in the application or plans upon which the permit
or certificate was based.
(4) Permit suspension. The Code Enforcement Officer may suspend a building
permit or special use permit in those cases where determination has
been duly made that an error or omission on either the part of the
permit, applicant or government agency existed in the issuance of
the permit or certificate approval. A new permit or certificate may
be issued in place of the suspended permit or certificate after correction
of the error or omission.
(5) Notice and appeal. All City decisions concerning the issuance, revocation,
or suspension of a building or special use permit, as well as decisions
pertaining to administrative interpretations of this chapter, shall
be stated in official written notice to the permit applicant. Any
decision may be appealed to the Zoning Board of Appeals.