The City Administrator shall have the power and duty to enforce the provisions of this division. An appeal from a ruling of the Administrator shall be made to the City Planning Commission.
The City Administrator or designee may abate any violations in this title as prescribed in Chapter 8.30 BMC or may use the appropriate chapter under this division solely at the discretion of the City Administrator.
The City Administrator or designee shall be responsible for administering public works standards and design criteria, the proper placement and execution of accessory structures and fences, as these are common development components of property within the City of Brownsville.
Fence requirements can be found in Chapter 15.87 BMC.
(1981 Compilation § 8-5:10.010; Ord. 504 § 10.010, 1980; Ord. 722 § 1, 2010; Ord. 748 § 2, 2015)
An action or ruling of the Planning Commission authorized by this division may be appealed to the City Council within 15 days after the Commission has rendered its decision by filing written notice with the City Administrator. If no appeal is taken within the 15-day period, the decision shall be final. If an appeal is filed, the Council shall receive a recommendation from the Planning Commission and shall hold a public hearing on the appeal. Notice of the public hearing shall be by one publication in a newspaper of general circulation in the City not less than five days nor more than 10 days prior to the date of the hearing.
(1981 Compilation § 8-5:10.020; Ord. 504 § 10.020, 1980)
The City Administrator shall have the authority to review and approve all building permits, both prior and subsequent to construction, to determine compliance with the provisions of this division.
The City Administrator or designee shall have the authority to review and approve all accessory structure permits and fence permits as required by the Brownsville Municipal Code. The City Administrator shall also ensure that the public works standards and design criteria are properly applied and enforced in coordination with the Public Works Superintendent and the City Engineer. Each of the reviews and approvals shall be both prior and subsequent to construction.
Fence requirements can be found in Chapter 15.87 BMC.
(1981 Compilation § 8-5:10.110; Ord. 504 § 10.110, 1980; Ord. 748 § 3, 2015)
The City Administrator may permit in a particular zone a use not listed in this division, provided the use is of the same general type as the uses permitted there by this division. However, this section does not authorize the inclusion in a zone where it is not listed of a use specifically listed in another zone. The decision of the City Administrator may be appealed to the Planning Commission.
(1981 Compilation § 8-5:10.210; Ord. 504 § 10.210, 1980)
Petitions, applications and appeals provided for in this division shall be made on forms provided for this purpose prescribed by the Planning Commission. Applications shall show the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of the buildings and other structures, existing and proposed; the existing and intended use of each building, structure or part thereof; location and number of off-street parking and loading spaces; number of families to be accommodated, if any; and such other information as is needed to determine their conformance with the provisions of this division and of the building code.
(1981 Compilation § 8-5:10.310; Ord. 504 § 10.310, 1980)
A fee schedule for applications and permits provided by this division shall be established by separate resolutions.
(1981 Compilation § 8-5:10.320; Ord. 504 § 10.320, 1980)
Approval or denial of all land use actions considered by the Planning Commission or City Council shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, the facts relied upon in making the decision and the justification for the decision based upon criteria, standards and facts set forth. Proponents, opponents and City staff may submit proposed findings for consideration by the Planning Commission and the City Council.
(1981 Compilation § 8-5:10.410; Ord. 504 § 10.410, 1980)
The provisions of this division shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any other provisions of this division or of any other ordinance, resolution or regulation differ, the provisions which are more restrictive shall govern.
(1981 Compilation § 8-5:10.510; Ord. 504 § 10.510, 1980)
Whenever they shall have cause to suspect a violation of any provision of the zoning code, or when necessary to investigate an application for or revocation of any zoning approval under any of the procedures prescribed in the zoning code, the City Administrator or the City Administrator's duly authorized representative may enter on any site or into any structure for the purpose of investigation, provided they shall first procure the consent of any rightful occupant for entry. If entry is denied, the City shall enter only pursuant to warrant; provided, that nothing herein waives the right of City to enter if a public safety emergency justifies a warrantless entry.
(1981 Compilation § 8-5:10.530; Ord. 590 § 1, 1989; Ord. 696 § 3, 2006)
The City Attorney, upon the request of the City Administrator, shall institute any necessary legal proceedings to enforce the provisions of the zoning code.
(1981 Compilation § 8-5:10.540; Ord. 590 § 1, 1989)
On direction of the City Administrator, the City Attorney may institute a suit in the Circuit Court of the State of Oregon to enjoin the maintenance of any use, occupation, building or structure in violation of any provision of the zoning code.
(1981 Compilation § 8-5:10.550; Ord. 590 § 1, 1989)
The Chief of Police and the authorized representatives of the Chief of Police shall have the power, upon request of the City Administrator, to assist in the enforcement of the provisions of the zoning code.
(1981 Compilation § 8-5:10.560; Ord. 590 § 1, 1989)
A. 
No person shall violate any condition imposed when granting approval for any land use decision under this division.
B. 
In addition to the penalties and remedies provided in this division, the continued violation of any condition imposed when approval for a land use was granted under this division shall be grounds for revocation of such approval. No revocation shall occur until the owner, and when different from the owner, the occupant, of the property has been notified in writing of the nature of the violation and the intent to revoke the earlier approval and until the owner and occupant are given an opportunity to be heard. Such notification and hearing shall be as provided when abating a nuisance and may be held separate from or in connection with a nuisance abatement proceeding.
(1981 Compilation § 8-5:10.565; Ord. 644 § 2, 1996)
A. 
Any use which is established, operated, erected, moved, altered, enlarged, painted, or maintained contrary to the zoning code shall be and is hereby declared to be unlawful and a public nuisance.
B. 
If the City Administrator or the authorized representative of the City Administrator finds that a use is contrary to the zoning code, the administrator may post a notice on the premises and otherwise proceed to abate the use as a nuisance in accordance with the general nuisance provisions of this code.
C. 
The City Administrator or the authorized representative of the City Administrator may proceed to summarily abate any use which endangers human life, health or property. The cost of such abatement may be assessed as provided in the general nuisance provisions of this code.
(1981 Compilation § 8-5:10.570; Ord. 590 § 1, 1989)
The remedies specifically provided for in the zoning code shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the City.
(1981 Compilation § 8-5:10.580; Ord. 590 § 1, 1989)
A. 
Violation of any provision in the zoning code is punishable by a fine not to exceed $500.00 for each day that the violation exists.
B. 
Each violation of a provision of the zoning code shall constitute a separate offense.
C. 
Any penalty imposed pursuant to this section shall be in addition to any other remedy that the City may have pursuant to this code or in any other manner provided by law.
(1981 Compilation § 8-5:10.610; Ord. 590 § 2, 1989)