(a) 
Whenever any construction work development activity is being done contrary to any term, condition, requirements of any approved application or to the provisions of this chapter, the building official may order the work stopped by notice in writing (referred to as a stop work order) served on the property owner, authorized agent or any persons engaged in doing or causing such work to be done. Notice shall be given before the order shall be effective, except when the order should be effective immediately to protect and preserve the public health, safety or general welfare. Any person thereafter shall cease and desist from further development or construction material to the alleged noncompliance, until corrected by compliance and authorized by the building official to proceed with the work. This prohibition shall extend throughout any appeal period.
(b) 
The owner or authorized agent may appeal the stop work order to the city manager by giving written notice.
(c) 
The city manager shall reach a decision without unreasonable or unnecessary delay. A copy of the decision shall be delivered by certified mail or personal delivery to the applicant. The decision of the official shall be final but may be appealed to city council.
(d) 
The building official may require the placement of temporary erosion control, drainage protection or other measures by the owner or appellant in order to protect the site and the community resources during the appeal period.
(e) 
The application for each appeal must be signed and be accompanied by payment of a nonrefundable application fee established by appropriate action of the city council.
(Ordinance 549, sec. 10.280, adopted 12/22/09)
A violation of this chapter shall authorize the city manager to cancel any permit depending in whole or in part on any approval under this chapter. 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 chapter, as required by the city manager, have been made and approved in accordance with the provisions of this chapter and a new permit has been issued.
(Ordinance 549, sec. 10.281, adopted 12/22/09)
A violation of this chapter shall authorize the city manager to deny any approvals or permits sought by the person violating this chapter.
(Ordinance 549, sec. 10.282, adopted 12/22/09)
(a) 
Enforcement activities.
Employees of the city are authorized to file complaints in the municipal court for violations of this chapter and to bring to the attention of the city attorney, and any other appropriate authority, any violations or lack of compliance with these regulations. Any department, agency, employee or enforcement officer of the city having information regarding an alleged violation to this chapter, shall report that information to the chief enforcement officer or department designated by the city manager to assist in the enforcement of these requirements.
(b) 
Right to enter.
The authorized official shall have the right to enter upon any property or premises at any reasonable time for the purpose of making inspections of property or improvement that may be necessary to carry out the duties in the enforcement of this chapter. Submittal of any application that authorizes construction of structures or improvements shall be construed as a grant of authority to the responsible official to enter on land subject to the application for purposes of enforcing the approved permit.
(c) 
General remedies.
If the land is used or developed or if any building or structure is erected or constructed, in violation of this chapter or any application approved hereunder, in addition to other remedies, the city may institute any appropriate action or proceedings to prevent or abate such activity. Appropriate action or proceedings include termination of utility services (water, gas, electric); revocation of permits, licenses, or bonds; and institution of legal action in a court of competent jurisdiction.
(d) 
Authorization of city attorney.
The city attorney is authorized to file and prosecute an action at law or in equity, where permitted under the laws of the state, in a court of competent jurisdiction to enforce the provisions of this chapter. The initiation of one form of enforcement action by the city attorney will not preclude the city attorney from initiating any other form of enforcement action.
(e) 
Fines and penalties.
(1) 
Any person found to be violating this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 1-10 of this Code.
(2) 
Each calendar day such violation continues shall be considered a separate offense.
(3) 
The owner or owners of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, any architect, builder, contractor, agent, persons or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided.
(4) 
Civil enforcement.
Nothing herein contained shall prevent the city from taking any other lawful action necessary to prevent or remedy any violation. Appropriate actions and proceedings may be taken by the city in law or in equity to prevent any violation of these regulations, 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. These remedies shall be in addition to the penalties described in this chapter.
(5) 
It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time that the previous regulations were repealed and this chapter adopted shall be discharged or affected by such repeal, but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted, and causes presently in process may be prosecuted in all respects as if such previous regulations had not been repealed.
(Ordinance 549, sec. 10.283, adopted 12/22/09; Ordinance 619, sec. II(K), adopted 9/10/13)
(a) 
If an authorized official determines that there are reasonable grounds for revocation of an approved preliminary or final plat application, which plat has not been filed of record the city may initiate a review and ask for corrections to the plat or revoke the approval of a preliminary or final plat. Circumstances that warrant review of an approved application shall include the following:
(1) 
A material mistake was made in approving the application;
(2) 
Approval of the application was procured on the basis of material misrepresentations or fraud on the part of the applicant;
(3) 
Development activities being undertaken on the land subject to the plat approved plans are not in conformity with terms of the approved application;
(4) 
The use authorized by the is in violation of a condition of approval of the approved application.
(b) 
All review and recommendations for changes or corrections, or actions seeking to revoke a preliminary or final plat which has not been filed of record shall be conducted at a public hearing before the commission. The applicant shall be given notice of the hearing.
(c) 
In rendering its decision whether to request revisions to or revoke the approved plat, the commission shall determine whether the preliminary or final plat complies with the terms, conditions and requirements of this chapter. The commission may revoke the application, affirm it, or affirm it with attached conditions that ensure that the terms, conditions and requirements of this chapter shall be met.
(d) 
Following a decision to require corrections or changes to a previously approved plat, or a decision to revoke a plat, and pending any appeal, it is unlawful to undertake or perform any activity that was previously authorized by the approved application without applying for and obtaining approval of a new application. Appeal from a decision to require corrections or changes to an approved plat, or to revoke the approved plat application shall be to the city council.
(Ordinance 549, sec. 10.284, adopted 12/22/09)