A.

Generally. The City Council finds that the enforcement of this LDC is an important public service, and that code enforcement is vital to the protection of the public health, safety, and quality of life. The purpose of this Article is to encourage and enforce prompt compliance with the LDC.

B.

Procedures and Remedies are Not Exclusive. Nothing in this Article is intended to limit the remedies that are available to the City to prevent, cure, or abate violations of this LDC. This Article shall not be construed to prevent the City from using other enforcement procedures as are lawful and appropriate, nor shall it be construed to elect remedies.

A.

Generally. This Article provides the general process for enforcing the LDC, and the general remedies that are available to the City. However, as provided in Section 10-1-1-1, Purpose of Article, the City may take any lawful action to remedy violations of this LDC, including seeking any remedy or imposing any penalty that is available under this LDC, State law or administrative rules promulgated thereunder, or Federal law.

B.

Remedies.Division 10-1-2, Violations, Remedies, and Penalties, provides a non-exclusive list of defenses and potential consequences of enforcement when a person is found to have violated this LDC.

C.

Procedures.

1.

Division 10-1-3, Enforcement Procedures, sets out the procedures for enforcing this LDC. The provisions of this LDC may be enforced by any or all of the following methods:

a.

Requirement of a Building Permit;

b.

Requirement of a Certificate of Occupancy;

c.

Inspection and ordering removal of violations;

d.

Proceedings in any court of competent jurisdiction, including municipal court (to the extent of its jurisdiction), which may involve, but are not limited to:

i.

Temporary or permanent injunction (including mandatory injunction);

ii.

Abatement;

iii.

Declaratory judgment;

iv.

Civil or criminal fines; or

v.

Incarceration.

2.

In addition to the enforcement provisions of this Article, specific conditions of development approval may provide additional or alternative enforcement procedures or remedies.

A.

Generally. It shall be a violation of this LDC to undertake any of the activities listed in this Subsection.

1.

Activities Inconsistent with LDC. Erect, construct, reconstruct, remodel, alter, maintain, expand, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this LDC, including all required approvals.

2.

Land Disturbing Activities Inconsistent with Code. Excavate, grade, cut, clear, or undertake any other land disturbance activity contrary to the provisions of this LDC, or without first obtaining all requisite land use approvals required by this LDC or other applicable regulations.

3.

Nonconformities Inconsistent with LDC. Create, expand, replace, or change a nonconforming use, structure, lot, or sign except in compliance with the applicable provisions of this LDC.

4.

Creation of Undersized Lots or Setbacks. Reduce or diminish the lot area, setbacks, or open space below the minimum required by this LDC, or increase the lot coverage above the maximum allowed by this LDC.

5.

Increasing Intensity of Use. Increase the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this LDC.

6.

Activities Inconsistent with Approval or Permit. Engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any applicable permit, approval, or other form of authorization required to engage in such activity.

7.

Activities Inconsistent with Conditions of Approval. Fail to comply with any terms, conditions, or limitations placed by the Decision-Making Body upon any development approval, or failure to comply with any terms, conditions, or limitations incorporated into an agreement related to such approval, including but not limited to an annexation agreement, development agreement, subdivider's agreement, or public improvements agreement.

8.

Failing to Remove Signs. Fail to remove any sign installed, created, erected, or maintained in violation of this Code, or for which the sign permit has lapsed, where removal is ordered by the City.

B.

Remedies Specific to Landscaping Requirements.

1.

If an Applicant fails to comply with the minimum provisions of this LDC with respect to the preservation of trees, the Applicant shall be required to replace each tree that is damaged beyond remedy or destroyed at the rate set out in Section 4-6-2-2, Tree Removal and Replacement. A landscape plan illustrating the required replacements must be submitted to the City for review and approval.

2.

If an Applicant does not choose to replace irreparably damaged or destroyed trees intended for preservation, the Applicant will be assessed an amount equal to the caliper inch replacement cost plus 200 percent for those trees. The Applicant is required to spend the amount of the assessment for trees at the project. At the City's discretion, the Applicant may choose to plant the trees on a nearby public property in a location agreed to by the City rather than on the project site.

C.

Continuing Violations. Each day that a violation occurs or remains uncorrected after receipt of notice shall constitute a separate violation of this LDC.

A.

Generally. This Section sets out the remedies that the City may impose against a violator in the process of code enforcement. These remedies are not exclusive of other remedies that may be available at law or in equity and shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

B.

Deny/Withhold Permits.

1.

The City may deny and withhold all permits, certificates, licenses, or other forms of authorization to use or develop any land, structure, or improvements thereon until the alleged violation related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or Applicant for the permit is responsible for the violation.

2.

Where a property owner, agent, or other person has a record of an outstanding serious violation or violations of this Code, the relevant Decision-Making Bodies shall be authorized to deny or withhold all permits, certificates, or other forms of authorization for any use or development activity undertaken by such person until the outstanding violation is corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.

C.

Permits Approved with Conditions. Instead of withholding or denying a permit or other authorization, the City may grant such authorization subject to the condition that the violation be corrected.

D.

Revoke Approvals or Permits.

1.

The City may revoke any development approval, permit, or other authorization, after notice and a public hearing by the Decision-Making Body that originally granted the final approval, permit, or other authorization, when it is determined that:

a.

There is a material departure from the approved plans, specifications, or conditions of approval;

b.

There is a violation of any provision of this Code;

c.

The development approval permit, or other authorization was obtained by false representation; or

d.

The development approval, permit, or other authorization issued in error.

2.

Written notice of revocation shall be served upon the owner, the owner's agent, the Applicant, or other person to whom the permit was issued, or such notice may be posted in a prominent location at the place of the violation. No work or construction shall proceed after service of the revocation notice.

E.

Stop Work Order.

1.

Issuance of Stop Work Order. With or without revoking permits, the Director, Chief Building Official or designee may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this Code or a provision of a permit or other form of authorization issued pursuant to this LDC. The stop work order shall specify the LDC provisions allegedly being violated. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.

2.

Timing/Notice. The stop work order may be issued at the same time as the notice of the initial violation, or subsequent to such notice, and may require immediate cessation of work. The stop work order shall also indicate that failure to comply with the order may subject the violator to civil and/or criminal liability as penalty for the violation(s).

F.

Injunctive Relief. The City may initiate injunction proceedings or other appropriate legal action in the District Court, the Arvada Municipal Court, or other court of competent jurisdiction against any person who fails to comply with any provision of this LDC or any requirement or condition imposed pursuant to this LDC. In any court proceeding in which the City seeks a preliminary injunction, it shall be presumed that a violation of this LDC is a real, immediate, and irreparable injury to the public; that the public will be irreparably injured by the continuation of the LDC violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject LDC violation.

G.

Abatement. The City may seek a court order in the District Court, the Arvada Municipal Court, or other court of competent jurisdiction, in the nature of abatement, mandatory injunction, or other action to abate or remove a violation or to otherwise restore the premises to the condition which existed before the violation.

H.

Revoke Licenses. The City may revoke the license of any City-licensed contractor or City-licensed business operation where there are repeated violations of this LDC. Revocation of licenses shall be processed according to applicable procedures adopted for this purpose by the applicable City Department or entity.

A.

Generally. A person shall be guilty of a misdemeanor upon conviction in any case where a violation of this LDC exists, after notice of violation, including any stop-work order, has been properly served, and such person fails to comply with such notice or stop-work order.

B.

Penalty. Persons found guilty of a misdemeanor pursuant to this Section shall be punishable by a fine not to exceed the limits established in Section 1-5, Arvada Municipal Code, or by imprisonment for not more than 180 days, or by both such fine or imprisonment for each such violation.

Any person may file a complaint alleging a violation of this LDC. Such complaint, stating fully the causes and basis thereof, shall be filed with the Code Enforcement Officer. The Code Enforcement Officer shall properly record such complaint, immediately investigate, and take enforcement action as is appropriate.

A.

In the case of violations of this LDC that do not constitute an emergency or require immediate attention, written notice of the nature of the violation shall be given to the property owner, agent, occupant, or to the Applicant for any relevant permit. Notice shall be given in person, by U.S. Mail, or by posting notice on the premises. The notice shall specify the LDC provisions allegedly being violated, and (unless a shorter time frame is allowed by this Article) shall state that the individual has a period of 14 days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action is taken. The notice shall also state any appeal and/or variance procedures that may be available pursuant to this LDC.

B.

The Director may grant an extension of the time to cure an alleged violation, if the Director finds that due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within 14 days.

In the case of violations of this LDC that constitute an emergency, or violations that will create increased problems or costs if not remedied immediately, the Zoning Enforcement Officer may use the enforcement powers available under this Article without prior notice, but the Officer shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or to the Applicant for any pending application or request for an approval or permit.

In the event a person fails to comply with a notice of violation or stop work order, or to remedy the violation to the satisfaction of the Code Enforcement Officer within the required time period, then the Code Enforcement Officer shall determine whether to subject the violator to the civil remedies listed in Section 10-1-2-2, Remedies, to criminal liability pursuant to Section 10-1-2-3, Penalties, or to any other remedy available in law or in equity.

A.

Generally. Failure to abide by the terms and conditions of a site specific development plan may result in a forfeiture of the vested property rights in accordance with the procedures set forth herein.

B.

Procedure.

1.

The process to consider forfeiture of vested property rights shall be initiated by passage of a resolution by the City Council stating the grounds therefor.

2.

No vested property right shall be deemed forfeited until after notice and a public hearing before City Council.

a.

Notice shall be provided at least 30 days prior to the date of the public hearing, by publishing notice in a newspaper of general circulation in the City and by mailing notice to the property owner(s), sent to the address of record according the County Assessor's records via first class United States mail.

b.

A copy of the resolution initiating the process to consider forfeiture of the vested property right shall be included with the mailed notice to the property owner(s).

3.

At the hearing, the City Council shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a site specific development plan. The City Council may continue the public hearing to allow additional evidence to be presented.

4.

If City Council finds a failure to abide by the terms and conditions of an approved site specific development plan, the City Council may take action by ordinance to declare the vested property rights forfeited.

a.

The forfeiture of a vested property right shall have no effect upon public streets, alleys, rights-of-way, or other lands or easements previously dedicated or conveyed to the City or other public entities pursuant to the terms of a site specific development plan.

b.

Upon forfeiture of vested property rights, the site specific development plan shall be subject to all zoning, land use, and general regulations in effect at the time of forfeiture (as such may be amended from time to time) as well as all applicable regulations thereafter, adopted.