A.
Complaints Regarding Violations.
1.
Filing Written Complaint. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a signed, written complaint.
2.
File complaint with the City Manager. Such complaints, stating fully the causes and basis thereof, shall be filed with the City Manager or designees. The City Manager or designee shall properly record such complaints, investigate and take action thereon as provided by this Code.
B.
Inspections. An official or employee may be designated by the City Council to make routine and periodic inspections of properties and premises within the corporate limits of Happy Valley to determine whether there is compliance with the laws, rules and regulations which are designed for the protection of the health, safety, peace and welfare of the public; and it shall also be the duty of such persons to make such inspections upon the receipt of complaints, or specific or general information indicating the existence of hazardous conditions or noncompliance with such rules, regulations and laws. In the event any authorized officer or employee of the City shall be denied access to any property or premises for the purpose of making an inspection provided for in this chapter, then such officer or employee shall not inspect such premises unless and until he or she shall have obtained a search warrant for the inspection of such premises.
C.
Search Warrants. No search warrant shall be issued, under the terms of this chapter, for the inspection of any property or premises within the corporate limits of the City unless and until there shall have been filed an affidavit showing probable cause for such inspection by stating the purpose and extent of the proposed inspection, the code or ordinance sections which form the basis of such inspection, whether it is a routine or periodic inspection or an inspection instituted by a complaint or other specified or general information concerning the property or premises or the area in which it is situated. The search warrant issued shall specify the purpose and extent of the inspection which is proposed to be made and the specific property or premises covered by such warrant. It is unlawful for any person, firm or corporation to hinder, delay or obstruct the inspection of premises based on a search warrant issued under the terms of this chapter.
D.
Abatement. The location, erection, construction, maintenance, repair, alteration or use of a building or other structure in violation of this chapter shall be deemed a nuisance and may be abated as such.
E.
Planning Official. It shall be the duty of the designated City official to enforce the provisions of this chapter. Such official shall send a description of any violation of this Code to the Community Services Director or City Manager within 15 calendar days after he or she becomes aware of the violation. The enactment of this chapter shall not invalidate any prior, existing or future prosecutions for violation of the chapter committed under a previous ordinance.
F.
Legal Proceedings by City Attorney. In addition to the remedies prescribed in this section, the City Attorney, upon written request from the City Council, shall cause to be instituted any civil action, suit or other legal means it considers to be appropriate to remedy violations of this chapter.
G.
Suits in Equity to Enjoin Violations. In case a building or other structure is, or is proposed to be located, constructed, maintained, repaired, altered or used, or any land is, or is proposed to be used in violation of this Code, the City Attorney, as prescribed in this section, or any person whose interest in real property in the City may be affected by the violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate or remove the unlawful location, construction, maintenance, repair, alteration or use.
H.
Stop Work Order.
1.
Issuance. When it is necessary to obtain compliance with any provision of the Land Development Code including any conditions of approval, the Planning Official or designee may issue a stop work order requiring that all work, except work directly related to elimination of the violation, be immediately and completely stopped. If the Planning Official issues a stop work order, the responsible party may not resume work until such time as the Planning Official gives specific approval in writing. The stop work order will be in writing and will include:
a.
Date of order;
b.
Permit or registration number, where applicable;
c.
Site address, legal description or project location of stop work order;
d.
A description of violations observed; and
e.
The conditions under which the work may resume.
The stop work order will be posted by the Planning Official at a conspicuous location at the site. In addition, a copy will be sent to the responsible party by certified mail. Where the responsible party is not the property owner, a copy of the stop work order will also be sent to the property owner. It is unlawful for any person to remove, obscure, mutilate or otherwise damage a stop work order. A stop work order is effective upon posting. When an emergency condition exists, the Planning Official may issue a stop work order orally. The Planning Official will then issue a written notice within 24 hours. |
2.
Hearing. The Planning Official or designee shall schedule a hearing, if requested, in municipal court on the stop work order for the earliest practicable date, but not more than 30 days after the effectiveness of any required notice. The municipal court judge shall conduct a hearing and make written findings as to the violation within 14 days of the hearing. Upon a finding of no violation, the municipal court judge shall require the issuance of a resume work order. Upon finding a violation, the stop work order shall continue to be effective until the violating party furnishes sufficient proof to the municipal court judge that the violation has been abated.
(Ord. 389 § 1(Exh. A), 2009)