The city may enforce any violation of this chapter prior to,
and without, judicial process by:
(1)
Withholding permits.
The city may deny or withhold permits,
approvals, or other forms of authorization for failure to comply with
the requirements of the chapter or those of a referral agency.
(2)
Temporary revocation of permits.
The city may temporarily
revoke permits for due cause to address an imminent danger to public
health, public safety, or public or private property or to prevent
irreparable harm.
(3)
Suspension of permits.
The city may suspend any permits
to allow for the correction of a violation or in response to a judgment
of a court of competent jurisdiction.
(4)
Revocation of permits and approvals.
(A)
Generally.
Any permit or other approval required by
this chapter may be revoked when it is determined that:
(i)
There is a violation of any provision of this chapter;
(ii)
The permit or approval was issued in error or based on false
representation;
(iii)
Upon the request of a referral agency with jurisdiction and
due cause; or
(iv)
There is a departure from the approved plans required under
the permit, this chapter, or the construction requirements.
(B)
Notice.
Written notice of revocation shall state a time
frame to correct the violation.
(C)
Effect of notice.
No work or construction may proceed
after service of the revocation notice except work necessary to correct
a violation.
(D)
Failure to correct.
After the period to correct the
violation lapses, and arrangements acceptable to the city have not
been made, the city may:
(5)
Stopping work.
The administrator shall have the authority
to stop any or all construction activity necessary to halt, correct,
or prevent a violation of this chapter by issuing a written stop work
order.
(A)
The permittee and/or operator shall immediately stop all activity
until authorized, in writing, by the city to proceed.
(B)
With or without revoking permits, the city may stop work on any building
or structure in which there is an uncorrected violation of this chapter,
a permit, or other form of authorization issued by the city.
(6)
Cease and desist orders.
The city may issue a cease
and desist order to close unlawful uses or to halt a violation of
this chapter.
(Ordinance 19-3690 adopted 4/23/19)
The city may seek the following judicial remedies or any other
judicial remedy as permitted by law to enforce this chapter in any
court of competent jurisdiction:
(1)
Injunctive relief.
The city may seek an injunction to
stop any violation granted under this chapter. Such relief may include
revocation or termination of permits, including limited and special
use permits. In any court proceedings in which the city seeks a preliminary
injunction, it shall be presumed that a violation of this chapter
is, or may be, an injury to the public health, safety or general welfare
or that public health, safety or general welfare may be irreparably
injured.
(2)
Abatement.
The city may seek a court order in the nature
of mandamus, abatement, or other action to abate or remove a violation,
or to otherwise restore the premises in question to the condition
in which they existed prior to a violation.
(3)
Civil liability.
The administrator, or his or her designee:
(A)
Has the authority to issue citations and deliver it to a person believed
to be committing a civil violation; and
(B)
Is declared to be the official with the duty of enforcing this chapter
with respect to:
(i)
Appearing and testifying in any trial held with respect to the citation;
(ii)
Notifying the court of competent jurisdiction of any notice
of intention to stand trial or any request for adjudication when a
fine is not paid after formal notice has occurred;
(iii)
Mailing formal notices of the violation to persons who do not
give notice of intention to stand trial or pay the established fine
within the time set in the citation; and
(iv)
Receiving and filing a copy of each original citation and any
fines or notices of intention to stand trial.
(4)
Criminal liability.
(A)
Punishment.
Upon conviction, any person in violation
of, or showing failure to comply with, any of the provisions of this
chapter may be punished by fines and/or imprisonment, as prescribed
by law, for each week or portion thereof, that the violation or noncompliance
has continued.
(B)
Responsible parties.
Every person concerned in the violation
of, or showing failure to comply with this chapter, whether the person
directly commits the act, or aids or abets the same, and whether present
or absent, shall be proceeded against and held as a principal.
(Ordinance 19-3690 adopted 4/23/19)
Any person violating this chapter or any portion thereof shall upon conviction be guilty of a misdemeanor and shall be fined any sum not exceeding $2,000.00 and each day that such violation continues shall be considered a separate offense and punishable accordingly. See section 1.01.009, General Penalty for Violations of Code;
Continuing Violations, and section 1.01.010, Provisions
Considered as Continuation of Existing Ordinances.
(Ordinance 19-3690 adopted 4/23/19)
