Anna City Zoning Code
Division 7
Enforcement
§ 9.04.062 Generally.
(a)
This division establishes procedures the city uses to ensure compliance with the provisions of this zoning ordinance and obtain corrections for violations. It also institutes the remedies and penalties that apply to zoning ordinance violations.
(b)
For any violation not encompassed by this division, the director may issue a citation in municipal court stating the alleged violation, the date of the violation, and the section of the zoning ordinance violated. Each day during which any violation of this division occurs or continues is a separate offense and upon conviction is punishable as provided in this division.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.063 Violations.
Any of the following violates this zoning ordinance and is subject to the remedies and penalties provided for in this division.
(1)
Buildings or structures.
To erect, construct, reconstruct, alter, repair, convert, or maintain a building or structure in a manner inconsistent with the requirements of this zoning ordinance or a condition of approval.
(2)
Use of land.
To use any land or premises in a manner inconsistent with the requirements of this zoning ordinance or a condition of approval.
(3)
Establish use or structure without permit or approval.
To establish or place any use or structure upon land that is subject to this zoning ordinance without all of the approvals required by this zoning ordinance.
(4)
Development or subdivision without permit or approval.
To engage in any subdividing, development, construction, remodeling, or other activity of any nature upon land that is subject to this zoning ordinance without all of the approvals required by this zoning ordinance.
(5)
Development, subdivision, or use inconsistent with permit.
To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, or other form of authorization required to engage in those activities.
(6)
Development, subdivision, or use inconsistent with conditions of approval.
To violate, by act or omission, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization.
(7)
Development or subdivision inconsistent with this zoning ordinance.
To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in violation of any zoning, subdivision, or other regulation of this zoning ordinance.
(8)
Making lots or setbacks nonconforming.
To reduce or diminish any lot area so that the lot size, setbacks, or open spaces are smaller than prescribed by this zoning ordinance.
(9)
Increasing intensity or density of use.
To increase the intensity or density of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this zoning ordinance.
(10)
Removing or defacing required notice.
To remove, deface, obscure, or otherwise interfere with any notice required by this zoning ordinance.
(11)
Generally.
Any other action, or failure to act, that does not comply with a requirement of this zoning ordinance or a lawful condition of approval.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.064 Responsible persons.
(a)
Any person who violates this zoning ordinance is subject to the remedies and penalties expressed in this division.
(b)
If a person causing a zoning violation is a renter, lessor, or contractor, the director may notify the owner and the renter, lessor, and/or contractor of the violation. The owner shall ensure that the renter, lessor, and/or contractor are aware of the zoning violation and that the owner is ultimately responsible for correcting the violations.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.065 Enforcement responsibility.
The director holds primary responsibility for enforcing all provisions of this zoning ordinance. Other city officials, designated by the city manager, share responsibility for enforcing provisions of this zoning ordinance.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.066 Enforcement procedures.
(a)
Remedies and enforcement powers.
The city has the following remedies and enforcement powers.
(b)
Generally.
If section 9.04.063 applies, the city may institute any appropriate action or proceedings:
(c)
Notice of violation.
(1)
When any building or use is erected, constructed, built, reconstructed, altered, or maintained in violation of this zoning ordinance, the property owner, other responsible party, property owner, lessee, management, or tenant shall be served with a written notice that states the violation and requires compliance with this zoning ordinance no more than ten (10) days from service.
(2)
The notice may be served in person or by depositing the same as certified in the United States Postal Service addressed to the property owner at the owner's address (i.e., as shown on the most current tax roll of the city), or the tenant (i.e., as shown on the utility billing records of the city). If the city mails the notice to the property owner and the U.S. Postal Office returns it as "refused" or "unclaimed" the validity of the notice is not affected, and the notice is considered delivered.
(d)
Withhold permit.
(1)
The city may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements after determining there is an uncorrected violation of a zoning ordinance provision or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This enforcement provision applies regardless of whether the current owner or applicant is responsible for the violation in question.
(2)
The city may deny or withhold all permits, certificates, or other forms of authorization on any land, structure, or improvements owned or being developed by a person who owns, developed, or otherwise caused an uncorrected violation of a zoning ordinance provision or a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation.
(e)
Permits approved with conditions.
Instead of withholding or denying a permit or other authorization, the city may grant authorization subject to a corrected violation condition.
(f)
Revoke permits.
Any development permit or other form of authorization required in this zoning ordinance may be revoked, including revocation of a certificate of occupancy.
(g)
Stop work.
With or without revoking permits, the city may stop work on any building or structure on any land on which there is an uncorrected violation of zoning ordinance provision or of a permit or other form of authorization issued, in accordance with its power to stop work under its building codes.
(h)
Injunctive relief.
The city may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit, certificate, or other form of authorization granted.
(i)
Abatement.
The city may seek a court order in the nature of mandamus, abatement, injunction, or other action or proceeding to abate or remove a violation or otherwise restore the premises in question to the condition in which they existed prior to the violation.
(j)
Civil action and administrative adjudication.
The city may enforce the provisions of this zoning ordinance through civil action.
(k)
Withhold public services.
(1)
The city may withhold any public services until all rules, regulations, and requirements of the subdivision regulations have been met.
(2)
Unless a plan, plat, or replat is approved in the manner and by the authorities provided for in this zoning ordinance, it is unlawful within the area covered by the plan, plat, or replat for any officials representing the city to serve or connect that land to any public utility owned, controlled, or distributed by the city for the use of the owners or purchasers of the plat or plan.
(l)
Other remedies.
The city may have other remedies provided by law for zoning, subdivision, or related zoning ordinance provision violations.
(m)
Other powers.
In addition to the enforcement powers specified in this division, the city may exercise any and all enforcement powers granted by law.
(n)
Continuation.
Nothing in this zoning ordinance prohibits the continuation of previous enforcement actions undertaken by the city by previous and valid ordinances and laws.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.067 Cumulative remedies.
The remedies and enforcement powers established in this division are cumulative, and the city may exercise them in any order or combination at any time.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.068 Penalties.
Any person or corporation who violates any of the zoning ordinance provisions or fails to comply with any of the requirements, or who builds or alters any building or use in violation of any detailed statement or plan submitted and approved, is guilty of a misdemeanor punishable under this section.
(1)
The owner or owners or tenant of any building or premises or part, where anything in violation of this zoning ordinance exists, and any architect, builder, contractor, agent, person, or corporation employed in connection and who may have assisted in the commission of any zoning ordinance violation are guilty of a separate offense punishable under this section.
(2)
A person who violates any provision of this division by performing a prohibited act or by failing to perform an act required is guilty of a misdemeanor. Each day on which a violation exists or continues to exist is a separate offense.
(3)
If the definition of an offense under this division does not prescribe a culpable mental state, then a culpable mental state is not required. This offense is punishable by a $500 maximum fine). Although not required, if a culpable mental state is alleged in the charge of the offense and the offense governs fire safety, zoning, or public health and sanitation, including dumping of refuse, this offense is punishable by a $2,000.00 maximum fine.
(4)
If the definition of an offense under this division prescribes a culpable mental state and the offense governs fire safety, zoning, or public health and sanitation, including dumping of refuse, then a culpable mental state is required and the offense is punishable by a $2,000.00 maximum fine.
(Ordinance 1068-2023-08 adopted 8/22/2023)