The following provisions are intended to ensure that enforcement of the provisions of this Code and any entitlements granted by the City shall be diligently pursued in order to provide for their effective administration, to secure compliance with any conditions of approval, to promote the City's planning efforts and for the protection of the public health, safety and welfare of the City.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the Review Authority. The provisions of this section apply to performance guarantees for projects authorized by any of the land use permits or entitlements covered by this article.
1. 
The required security shall be in a form approved by the Director. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.
2. 
In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements.
3. 
Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Director, or until any warranty period required by the Director has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.
4. 
Release or Forfeit of Security.
A. 
Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.
B. 
Upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the City, including the costs of the work, and all administrative and inspection costs.
C. 
Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the City.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
An approved entitlement shall be exercised before its expiration. The entitlement shall not be deemed exercised until the applicant has:
1. 
Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities or other similar substantial improvements has commenced;
2. 
Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director;
3. 
Diligently continued the approved construct-ion/grading activities without stopping for more than 180 days; or
4. 
Actually implemented the allowed land use, in its entirety, on the subject property in compliance with all conditions of approval.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The Director shall be responsible for enforcing the provisions of this Code and any conditions imposed on permits (e.g., building and development permits) granted by the City and permitted under this Code. Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained, contrary to the provisions of this Code, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties specified in Chapter 2 of Title 1 of this Code and/or revocation procedures outlined in the following listed chapters of this Code:
1.
Article 11 of this chapter
Conditional Use Permits
2.
Article 3 of this chapter
Home Enterprise Permits
3.
Article 8 of this chapter
Minor Conditional Use Permits
4.
Article 7 of this chapter
Minor Variances
5.
Article 10 of this chapter
Development Permits
6.
Article 14 of this chapter
Special Event Permits
7.
Article 9 of this chapter
Variances
Any permit (e.g., building and development permits), certificate, or license issued in conflict with this Code shall be void.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision(s) of this Code or any condition imposed on an entitlement, development permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of a misdemeanor in compliance with Chapter 2 of Title 1 of this Code. Any violation of this chapter shall also constitute a public nuisance that may be abated in compliance with the procedures outlined in Chapter 2 of Title 1 or other applicable sections of this Code. Any activity in violation of this Code or any condition(s) imposed on a permit or license, shall be subject to the issuance of a "Stop Work Order." Any violation of an officially issued Stop Work Order shall constitute a misdemeanor.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The City may choose to undertake any of the following legal actions to correct and/or abate a nuisance or violation of this Code.
1. 
Civil Remedies and Penalties.
A. 
Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation of this Code.
B. 
Abatement Proceedings. Where any person fails to abate a violation after being provided a Notice of Violation and the opportunity to correct or end the violation, the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation and require the violator to pay for the cost of the actions.
C. 
Nuisance Abatement. The City may pursue nuisance abatement in compliance with Chapter 2 of Title 1 or other applicable sections of this Code.
D. 
Civil Penalties. Any person who willfully violates the provisions of this Code or any permit issued in compliance with this Code, shall be liable for a civil penalty in compliance with the City's "Schedule of Fees" for each day that the violation continues to exist.
E. 
Costs and Damages. Any person violating any provisions of this Code or any permit issued in compliance with this Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violations. In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover attorney fees, provided the City has elected in writing, at the initiation of that individual action or proceeding, its intention to seek recovery of its own attorney fees.
F. 
Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.
2. 
Criminal Actions and Penalties. Any person, whether as agent, principal or otherwise, violating or causing the violation of any of the provisions of this Code shall be guilty of a misdemeanor and shall be subject to the penalties in Chapter 2 of Title 1 or other applicable sections of this Code.
3. 
Other Enforcement Procedures.
A. 
In addition to, or instead of, Subsections (1) or (2), above the City may take any other appropriate action against the responsible party including revocation of any applicable approvals, entitlements, licenses or permits, or refer the enforcement matter to any applicable enforcement agency.
B. 
The provisions of this section shall not limit or restrict the City from enforcing City ordinances or abating public nuisances in any manner provided by law.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 3, Ord. 936-NS, eff. March 4, 2015, and § 13, Ord. 2019-978, eff. September 5, 2019)
All remedies outlined in this Code for the handling of violations or enforcement of the provisions of this Code shall be cumulative and not exclusive of any other applicable provisions of City, County, State or Federal law. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this Code, the conviction shall not prevent the City from pursuing any other available remedies to correct the violation(s).
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Every property owner or applicant seeking a permit, Certificate of Compliance, Variance or any other action in compliance with this Code shall permit the City official handling the application access to any premises or property which is the subject of the application, and the City official shall make the inspections thereof as deemed necessary from time to time throughout the application process. If the permit or other action in compliance with this Code is approved, the owner or applicant shall permit appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions imposed by the Review Authority.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The City may impose fees on an owner/licensee/permittee to cover the full costs incurred by the City for the monitoring and enforcement of the requirements of this Code as well as those conditions and mitigation measures imposed on an approved license/permit. Additionally, the City shall have the authority to impose appropriate fines on any person, firm, corporation, etc. in compliance with Chapter 2 of Title 1 or other applicable sections of this Code, violating any provision(s) of this Code or any condition imposed on an entitlement, development, or permit. The fees/fines shall be adopted by Council resolution and included in the City's "Schedule of Fees."
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)