12-1.01
It shall be unlawful to locate, erect, construct, reconstruct, enlarge,
change, maintain, begin the excavation thereof, or use any building
or land in violation of any regulation in or any provision of this
Ordinance, or any amendment thereto lawfully adopted by the Mayor
and City Council of Hubbard, or to fail to comply with any lawful
requirement or condition imposed by the City Council, or fail to obtain
a permit required under this Ordinance.
12-1.02
All zoning and building permits shall be revocable for failure to
comply with all applicable requirements and conditions.
(Ordinance 081115-02 adopted 8/11/15)
12-2.01
In case any building is erected, constructed or reconstructed, altered,
repaired or converted, or any building or land is found to be in violation
of this ordinance, the Building Inspector, Zoning Administrator, and/or
the City Council is authorized and directed to institute any appropriate
action to put an end to such violation.
12-2.02
Right of entry on property.
Upon presentation of proper
credentials the administrative authority, City Official or agents
of the City may enter upon any property, vacant lots, or premises
in the City to perform any duty imposed by this Ordinance.
12-2.03
If the City Official has reason to believe that any of the provisions
of this Ordinance are being violated, he/she shall provide or send
a written Notice of Violation to the person responsible for such violations.
12-2.04
Stop Work.
In addition, the City Official may issue
a Stop Work Order to immediately halt work on a property that is in
violation of this Ordinance. Such order may permit limited work to
occur that is necessary to stabilize and secure the site.
12-2.05
If at the conclusion of the time period stated in the Notice of Violation,
the violation has not in judgment of the Building Inspector, Zoning
Administrator, and/or the City Council been satisfactory corrected,
then the Building Inspector, Zoning Administrator, and/or the City
Council shall enforce the penalty provisions of this Ordinance and
shall take such other action(s) as are permitted under State law to
ensure compliance with this Ordinance. Such action(s) may include,
but are not limited to seeking a court injunction to bring about the
correction of such violation.
12-2.06
In addition to other enforcement and remedy provisions established
by this Section, in case any building is or is proposed to be located,
erected, constructed, reconstructed, altered, repaired, converted,
maintained, or used, or any land is or is proposed to be used, in
violation of this Ordinance as amended, the Mayor and City Council,
the City Officials, or any adjacent or neighboring property owner
who would be specifically damaged by such violation may institute
injunction, mandamus, abatement, or any other appropriate action or
proceeding to prevent, restrain, correct, or abate such unlawful location,
maintenance, or use, to prevent any illegal act, conduct of business
or use in or about such premises.
(Ordinance 081115-02 adopted 8/11/15)
12-3.01
Any person found to be violating any provision of this ordinance
shall be served, by the City of Hubbard, with written notice stating
the nature of the violation and providing a time limit of thirty (30)
days for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease
and correct all violations. Failure to obtain the necessary permits
for the work and passing inspection may require returning the site
to its original state or condition.
12-3.02
Such notice shall require the abatement of such violation or request
to schedule a hearing within thirty (30) days of such notice. The
hearing shall be held as soon as practicable after the filing of the
request. The decision of the City Council after hearing shall be final
and, until such decision, the City shall not commence any of the procedures
for abating violation. However, if the decision of the City Council
is adverse to the person requesting the hearing, then he shall have
thirty (30) days from such decision to perform the work himself; and
if such work is not performed within such thirty (30) days, the City
may then implement its abatement procedures.
12-3.03
The City Secretary shall give the notice of violation:
12-3.04
If the City mails a notice to a property owner in accordance with
this Ordinance, and the United States Postal Service returns the notice
as "refused" or "unclaimed," the validity of the notice is not affected,
and the notice is considered as delivered.
(Ordinance 081115-02 adopted 8/11/15)
12-4.01
Any person or corporation who shall violate any of the provisions
of this ordinance or fail to comply therewith, or with any of the
requirements thereof, or who shall build or alter any building in
violation of any detailed statement or plan submitted and approved
hereunder, shall be guilty of misdemeanor. Whenever in this Code or
in any ordinance of the City an act is prohibited or is made or declared
to be unlawful or an offense or a misdemeanor, or wherever in such
Code or Ordinance the doing of an act is required or the failure to
do any act is declared to be unlawful, the violation of any such provision
of this Code or any such ordinance shall be punished by a fine of
not exceeding Two Thousand Dollars ($2,000.00) for violations of municipal
ordinances that govern fire safety, sanitation (not including vegetation
and litter violations), public health or as the Legislature may amend
from time to time.
12-4.02
The owner or owners of any building or premises, or part thereof,
where anything in violation of this Ordinance shall be placed or shall
exist, and any architect, builder, contractor, agent, person or corporation
employed in connection therewith and who had assisted in the commission
of any such violation shall be guilty of a separate offense and upon
conviction thereof, shall be fined as hereinbefore provided.
12-4.03
For traffic-related offenses and other violations not included in
the classes enumerated above, the maximum permissible fine will be
Five Hundred Dollars ($500.00) or as the Legislature may amend from
time to time. Further, that the above mentioned violations shall be
subject to a minimum fine of One Hundred Dollars ($100.00). Provided,
however, that no penalty shall be greater or less than the penalty
provided for the same or similar offense under the laws of the state.
12-4.04
Each day any violation of this Code or of any ordinance shall continue
shall constitute a separate offense. A culpable mental state is not
required for the commission of an offense under this Code of Ordinances
unless the provision defining the conduct expressly requires a culpable
mental state.
12-4.05
Notice of such a penalty shall be sent to said owner at their last
known address by certified and regular first class mail. Any person
violating any of the provisions of this ordinance shall become liable
to the City of Hubbard for any expense, loss, or damage occasioned
by the City of Hubbard by reason of such violation.
(Ordinance 081115-02 adopted 8/11/15)
12-5.01
To obtain a lien against the property, the mayor or City Official
designated by the mayor shall file a notice of lien in the appropriate
county deed or lien records showing the penalty and all expenses as
a lien against the property upon which the structure is located.
12-5.02
The lien obtained by the City is security for the fines, expenses
and interest accruing at the rate of ten (10) percent per year on
the amount due. The lien attaches upon the filing of the lien statement
with the county clerk.
12-5.03
The lien is inferior only to Tax liens.
12-5.04
The City Council may authorize the city attorney to bring a suit
for foreclosure in the name of the City to recover the fines and interest
due. In any civil, criminal or administrative appeal, hearing or action
commenced by the City under this Ordinance, the City shall be entitled
to recover from the defendant of such action reasonable attorney's
fees, costs of suit, any other costs of enforcement, including, but
not limited to, inspection costs.
12-5.05
The statement of expenses or a certified copy of the statement is
prima facie proof of the expenses incurred by the City in doing the
work or making the improvements.
12-5.06
The City Council may authorize the City attorney to foreclose a lien
on property.
12-5.07
In any civil, criminal or administrative appeal, hearing or action
commenced by the City under this Ordinance, the City shall be entitled
to recover from the defendant of such action reasonable attorney's
fees, costs of suit, any other costs of enforcement, including, but
not limited to, inspection costs and cleanup or abatement costs. All
collections of money from lot owners in payment of charges for statement
of violations of this division shall be received by and receipted
for by the City Secretary or a duly authorized assistant.
(Ordinance 081115-02 adopted 8/11/15)
Notwithstanding any penal provision herein, the City attorney
is authorized to file suit on behalf of the City for such injunctive
relief as may be necessary to abate such violations whenever any violations
as herein defined is found in any place within the City.
(Ordinance 081115-02 adopted 8/11/15)
