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:
(i) 
File litigation in a court of competent jurisdiction; and/or
(ii) 
Remove or correct such violation and cause to be placed a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
(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.
(C) 
Stop work orders, when issued, will be executed in accordance with the procedures and authorities to stop work under article 3.03, Buildings.
(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)