A. Procedures. This chapter is intended to provide procedures,
which ensure compliance with the requirements of this Development
Code.
B. Ensure Compliance. Enforcement of these provisions and any
approvals granted by the City shall be diligently pursued in order
to ensure compliance with any condition(s) of approval, to promote
the City's planning efforts, and to protect the public health, safety,
and general welfare.
(Prior code § 16-740.010)
A. Director. The Director shall:
1. Monitoring and Enforcing. Be responsible for monitoring
and enforcing:
a. Conditions. The conditions and standards imposed on
all land use permits and entitlements granted by the City;
b. Development Code Compliance. Compliance with the provisions,
regulations, requirements, and standards of this Development Code;
and
c. Mitigation Measures. The measures listed in environmental
documents to mitigate adverse environmental impacts from a project
as listed in the mitigation monitoring program for the proposal.
2. Powers. Have all the powers of enforcement as identified in Chapter
1.20 (Administrative Enforcement and Remedies) of the Municipal Code.
B. Code Enforcement. Enforcement officers shall enforce the Development Code in compliance with Chapter
1.24 of the Municipal Code.
(Prior code § 16-740.020)
A. Types of Violations and Remedies.
1. Enforcement Procedures. Any of the enforcement procedures of Chapter
1.20 of the Municipal Code may be employed by the Director. These procedures include the issuance of administrative citations and fines, abatement, and administrative civil penalties. In addition, the City Attorney may file any civil or criminal action in court as a legal remedy.
2. Public Nuisance. Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Development Code, any mitigation measure, or any applicable condition(s) of approval (e.g., conditions imposed on any development permit, entitlement, map, or license), is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties identified in the Municipal Code, including this chapter, and revocation procedures initiated in compliance with Chapter
16.108 (Revocations and Modifications).
3. Misdemeanor. Any person, partnership, firm, or corporation,
whether as principal, agent, employee, or otherwise, violating or
failing to comply with any provision(s) of this Development Code,
any mitigation measure, or any condition(s) of approval shall be guilty
of a misdemeanor on each separate day the violation or failure to
comply exists, except as otherwise identified in this Development
Code or the Municipal Code.
4. Stop Work Order. Any construction in violation of this
Development Code, any mitigation measure, or any condition(s) of approval
shall be subject to the issuance of a "Stop Work Order." Any violation
of a "Stop Work Order" shall constitute a misdemeanor.
5. Administrative Penalties. The administrative penalties for violating any of the provisions of this Development Code, any mitigation measure, or any condition(s) of approval are identified in Chapter
1.20 of the Municipal Code. The City may recover costs associated with the abatement of violations of this Development Code, in compliance with Chapter
1.36. In addition to all other remedies available under the Municipal Code, the requirements of this Development Code may be enforced by injunctive or declaration relief.
B. Cumulative. All remedies contained in this Development Code
for the handling of violations or enforcement of the provisions of
this Development Code shall be cumulative and not exclusive of any
other applicable provisions of local, State, or Federal law.
C. Other Remedies. If a person is found guilty and convicted
of a misdemeanor for the violation of any provision of this Development
Code, the conviction shall not prevent the City from pursuing any
other available remedy to correct the violation.
(Prior code § 16-740.030)
A. Site Inspections. Every applicant seeking an application,
permit, or any other action in compliance with this Development Code
shall allow appropriate City officials reasonable access to any premises
or property, which is the subject of the application.
B. Continued Compliance. If the permit or other action is approved,
the owner or applicant shall allow appropriate City officials reasonable
access to the premises at reasonable times to determine continued
compliance with the approved permit and/or any condition(s) of approval.
C. Failure to Allow Inspections. Failure to allow inspections for continued compliance shall automatically make all permits and approvals subject to revocation or modification in compliance with Chapter
16.108 (Revocations and Modifications).
(Prior code § 16-740.040)
The following procedures may be used to initiate enforcement
action in most cases where the Director has determined that property
within the City is being used, maintained, or allowed to exist in
violation of the provisions of this Development Code. The purpose
of these provisions is to encourage the voluntary cooperation of responsible
parties in the prompt correction of violations, so that other enforcement
measures may be avoided.
A. Notice to Responsible Parties. The Director shall provide
the recorded owner of the subject parcel and any person in possession
or control of the parcel with a written notice of violation, which
shall include the following information:
1. Time Limit. A time limit for correcting the violation, in compliance with subsection
B of this section (Time limit for correction);
2. Administrative Costs. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s), in compliance with Chapter
1.36 of the Municipal Code; and
3. Meet With the Director. A statement that the property
owner may request and be provided a meeting with the Director to discuss
possible methods and time limits for the correction of the violation(s).
B. Time Limit for Correction.
1. The notice of violation shall state when the violation shall be corrected
to avoid further enforcement action by the City.
2. If the Director determines that the violation constitutes a hazard
to public health or safety, or if deemed appropriate, the Director
may require immediate corrective action.
(Prior code § 16-740.050)
A reinspection fee shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of the Municipal Code, adopted Building Code, or State law, in compliance with Sections
1.24.040 through
1.24.090 of the Municipal Code. The fee amount shall be set by the Council's fee resolution.
(Prior code § 16-740.060)