In interpreting and applying the provisions of this article,
they shall be held to the minimum requirements for the promotion of
the public safety, health, convenience, comfort, prosperity, or general
welfare. It is not intended by this article to interfere with or abrogate
or annul any easements, covenants or other agreements between parties,
provided, however, that where this article imposes a greater restriction
upon the use of buildings or premises or upon height of buildings,
or requires larger open spaces than are imposed or required by agreements,
or otherwise contains more stringent regulations, the provisions of
this article shall govern.
(Ordinance 07-09-18E, sec. 5.1,
adopted 9/18/07)
Whenever any work is being done contrary to the provisions of
this article, the development services department may order the work
stopped by notice in writing (referred to as a “stop work order”)
served on any persons engaged in or causing such work to be done.
The stop work order shall be posted on the property adjacent to the
activity in question, and any such person shall forthwith stop work
until authorized by the city to proceed with the work.
(Ordinance 07-09-18E, sec. 5.2,
adopted 9/18/07)
A violation of this article shall authorize the development
services manager to cancel any permit depending in whole or in part
on any approval under this article. If a permit is canceled, no further
work shall be done on the project made the subject of the permit until
the violation has been cured and new submittals under this article,
as required by the development services manager, have been made and
approved in accordance with the provisions of this article and a new
permit has been issued.
(Ordinance 07-09-18E, sec. 5.3,
adopted 9/18/07)
Any person violating this article, upon conviction, is punishable
by a fine in accordance with the following:
(1)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article is subject to suit for injunctive relief as well as
prosecution for criminal violations. Any violation of this article
is hereby declared to be a nuisance.
(2)
Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
two thousand dollars ($2,000.00). Each day that a provision of this
article is violated shall constitute a separate offense. An offense
under this article is a misdemeanor.
(3)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article, and to seek remedies as allowed by
law, including, but not limited to the following:
(A)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article; and
(B)
A civil penalty up to one thousand dollars ($1,000.00) a day (with
each day constituting a separate offense and separate violation) when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(C)
Other available relief.
(4)
Injunctive relief.
Any person violating this article
is subject to suit for injunction as well as prosecution for criminal
violations.
(Ordinance 07-09-18E, sec. 5.4,
adopted 9/18/07)
