The purpose of Title
10, Chapter
2, Article
35 (Enforcement) is to ensure that enforcement of the provisions of these Zoning Regulations 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.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 111, Ord. 941, eff. November 10, 2023)
(a) The Director shall be responsible for enforcing the provisions of
these Zoning Regulations and any conditions imposed on land use entitlements
(e.g., conditional use permits) granted by the City and allowed under
these Zoning Regulations.
(b) Any structure or use which is established, operated, erected, moved,
altered, enlarged, or maintained, contrary to the provisions of these
Zoning Regulations without an explicit written approval from the final
review authority (Director, Commission, or Council), or which was
established prior to the City enacting any controlling law, is hereby
declared to be unlawful and a public nuisance and shall be subject
to the remedies and penalties specified in the Municipal Code, and/or
revocation procedures identified in the following articles:
(1) Article
24, Conditional Use Permits;
(2) Article
20, Design Review Permits;
(3) Article
21, Home Occupation Permits;
(4) Article
25, Minor Variances;
(5) Article
23, Planned Development Permits;
(6) Article
22, Temporary Use Permits;
(c) Any land use entitlement or license issued in conflict with these Zoning Regulations shall be deemed void, except for development agreements complying with Section
10-2.3302 (Rules of interpretation), subsection
(e)(2).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 112, Ord. 941, eff. November 10, 2023)
(a) Any person, partnership, organization, firm or corporation, whether as principal, agent, employee, tenant or otherwise, violating any provision of these Zoning Regulations or any condition imposed on an entitlement, map or license or violating or failing to comply with any order made hereunder shall be guilty of an infraction or misdemeanor in compliance with Sections
1-2.01 (Violations as infractions) and 1-2.02 (Violations as misdemeanors), except for development agreements complying with Section
10-2.3302 (Rules of interpretation), subsection
(e)(2).
(b) Any violation of Title
10, Chapter
2, Article
35 (Enforcement)shall also constitute a public nuisance which may be abated in compliance with the procedures identified in Title
5, Chapter
6 (Abatement of Nuisances).
(c) Any construction in violation of these Zoning Regulations or any condition imposed on a land use entitlement or license shall be subject to the issuance of a "stop work order" except for development agreements complying with Section
10-2.3302 (Rules of interpretation), subsection
(e)(2). Any violation of an officially issued stop work order shall constitute an infraction or misdemeanor in compliance with Sections
1-2.01 (Violations as infractions) and 1-2.02 (Violations as misdemeanors).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 113, Ord. 941, eff. November 10, 2023)
All remedies identified in these Zoning Regulations for the
handling of violations or enforcement of the provisions of these Zoning
Regulations 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 for the violation of
any provision of these Zoning Regulations, the conviction shall not
prevent the City from pursuing any other available remedies to correct
the violation.
(§ 3, Ord. 771, eff. February 13, 2004)
(a) Every applicant seeking an entitlement or any other action in compliance
with these Zoning Regulations shall allow 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
as deemed necessary from time to time throughout the application process.
(b) If the entitlement is approved, in compliance with these Zoning Regulations,
the owner or applicant shall allow appropriate City officials access
to the premises in order to determine continued compliance with the
approved entitlement and/or any conditions imposed by the review authority.
(§ 3, Ord. 771, eff. February 13, 2004)
The City shall have the authority to impose appropriate fines on any person, firm or corporation violating any provision(s) of these Zoning Regulations or any condition imposed on an entitlement in compliance with Section
10-2.3504 (Remedies are cumulative). The fines shall be included in the City's fee resolution.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 114, Ord. 941, eff. November 10, 2023)
A person who establishes a land use, or alters, constructs,
enlarges, erects, maintains, or moves a structure without first obtaining
an entitlement required by these Zoning Regulations, shall pay the
additional entitlement processing fees established by the City's fee
resolution, for either or both the Building and Planning Departments,
for the correction of the violation, before being granted an entitlement
for a use or structure on the site.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 115, Ord. 941, eff. November 10, 2023)
The City shall recover all administrative and legal costs (e.g., staff, legal), reasonably related to the time expended in the enforcement of the provisions of the Municipal Code, including these Zoning Regulations and other related ordinances of the City, in compliance with Section
1-2.05 (Recovery of inspection and code enforcement costs: Certificate of Compliance).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 116, Ord. 941, eff. November 10, 2023)
(a) Amount and applicability of reinspection fee.
(1) A reinspection fee shall be imposed on each person who receives a
notice and order or letter of correction of any provision of the Municipal
Code, adopted Building Code, or State law.
(A) The fee amount shall be established by the City's fee resolution.
(B) The fee may be assessed for each inspection or re-inspection conducted
when the particular violation for which an inspection or a re-inspection
is scheduled is not fully abated or corrected as directed by, and
within the time and manner specified in, the notice or letter.
(2) The fee shall not apply to the original inspection to document the
violations and shall not apply to the first scheduled compliance inspection
made after the issuance of a notice or letter, whether or not the
correction has been made.
(b) Continuation of the original case.
(1) If a notice or letter has been previously issued for the same violation
and the property has been in violation of the provisions of the Municipal
Code, including these Zoning Regulations and other related ordinances
of the City, for less than 180 days, the violation shall be deemed
a continuation of the original case and all inspections or re-inspections,
including the first inspection for the repeated offense, shall be
charged a re-inspection fee.
(2) This fee is intended to compensate for administrative costs for unnecessary
City inspections, and not as a penalty for violating the Municipal
Code, including these Zoning Regulations and other related ordinances
of the City.
(3) Any re-inspection fee imposed shall be separate and apart from any
fines or penalties imposed for violation of the Municipal Code, or
costs incurred by the City for the abatement of a public nuisance.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 117, Ord. 941, eff. November 10, 2023)
All enforcement actions shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section
1-2.01, Violations as infractions; Section
1-2.02, Violations as misdemeanors; Article
29, Public Hearings; and Article
30, Appeals.
(§ 3, Ord. 771, eff. February 13, 2004)