The purpose of this article is to promote the public health, safety and welfare by establishing the procedural and legal means to enforce the provisions of this Development Code. In addition, the article will identify general penalties and remedies for such violations.

(a)

In addition to the enforcement authority provided in Chapter 1 of the Municipal Code, the city manager or designated code enforcement official shall have the authority to promulgate policies reasonably necessary to implement the intent and provisions of the Development Code including all provisions of the building, electrical, plumbing, and mechanical regulations. The city manager or designated code enforcement official shall coordinate and develop programs and policies for the consistent and uniform enforcement of the Development Code.

(b)

Violations of this Development Code may also be enforced by using any of the enforcement remedies referred to in Chapter 1 of the Municipal Code and in this article. This article and any other applicable sections of the Municipal Code shall be read together in any administrative or judicial proceeding to form the basis of a Development Code violation. General enforcement definitions that may govern the application of this article are also found in Chapter 1 of the Municipal Code.

(c)

It shall be the duty of the city manager, economic and community development director, assistant director of community development, the building official and the community improvement officer to enforce the provisions of this title.

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, use, occupy or maintain any real or personal property or portion thereof in the city or cause the same to be done contrary to or in violation of any provisions of this title. Likewise, it shall be unlawful for any person to carry out the use authorized by any entitlement application, building permit or grading permit in violation of any of the conditions of approval attached to such entitlement, which are incorporated by reference in this title. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this article or any code adopted by reference by this title or any other city ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated in this title as constituting an infraction, provided that where the city attorney or other prosecutor determines that such action would be in the interests of justice, the city attorney or other prosecutor may prosecute any such offense as an infraction. In the event a notice to appear is prepared as a misdemeanor, the city attorney or other prosecutor may nonetheless prosecute any such offense as an infraction. Violators shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provision of any code adopted by reference by this Code, or of any other city ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.

In addition, the city manager or designated code enforcement official may also seek criminal or civil injunctive relief and civil penalties in the Superior Court or pursue any administrative remedy provided in Chapter 1 of the Municipal Code, including administrative abatement, revocation of permits, recordation of notice of violation, and withholding of issuance of city permits.

Except as otherwise provided, if the city manager determines that there has been a violation of the terms, conditions, lawful requirements, or provisions of any development permit, construction permit, or approval issued by the city, the city manager may, in addition to any other remedies provided in the municipal code or in this article, issue a notice of intent to revoke in accordance with Chapter 88.56.

The city attorney, upon request of the city council, shall institute any necessary legal proceedings to enforce the provisions of this title, and he or she is authorized, in addition to the remedy provided in this chapter, to institute an action for an injunction to restrain or any other appropriate action or proceeding to enforce such provisions.