Any condition, action or use which occurs contrary to the provisions of this Chapter or contrary to any permit or to any approval issued or granted under the requirements of this Chapter and any conditions imposed thereby is hereby declared unlawful and may be abated by appropriate proceedings as specified by this Chapter or otherwise remedied as set forth in this Chapter, or as otherwise allowed in law or in equity.

It shall be the duty of the City Council to enforce this Chapter. All departments, officials, and public employees of the City of Bay City, vested with the duty or authority to issue permits shall conform to the provisions of this Chapter and shall issue no permit, certificate or license for any use, building purpose which violates or fails to comply with conditions or standards imposed by this Chapter. Any permit, certificate, or license issued in conflict with the provisions of this Chapter, intentionally or otherwise, shall be void.

In the event that a violation of Chapter 10 is found to exist, then the City Council, at its option, may institute proceedings to revoke any permit which the owner or applicant has received which is interconnected in any way to the violation.

1. After all procedures have been followed in Section 10.28.060(A) - (C) and the violation still exists, the City Council may elect to revoke any permit which the owner/applicant has which is reasonably connected to the violation. The Council shall direct the City Recorder to send a notice to the person responsible that a hearing will be held at the next regular City Council meeting, or at any special City Council meeting held not less than ten (10) days after the mailing of the notice to the responsible person, to consider revocation of the person's permit.
2. The procedures for the hearing shall be the City presenting evidence and testimony that a violation does exist and the permittee presenting evidence and testimony in their defense. The City has the burden of proof to determine that a violation does exist.
3. After the hearing, the Council may approve or deny the revocation procedure or continue it for a time, not to exceed one year upon the granting of specific conditions that the person responsible must do to come into compliance.
   

Any person, firm, or corporation causing the violation of any provisions of this Chapter may be fined up to $500.00 per day the violation exists or continues after hearing as set forth in Section 10.28.030 (A) - (C) and determination by the Council that the violation exists.

Any person or entity which applies for a building permit, grading permit, variance, conditional use or any other permit governed by Chapter 10 after initially proceeding with building, grading, filling or using their property without applying for the required permit(s), shall be charged double the fee required for each permit necessary.

1. Whenever a violation of Chapter 10 or any permit or approval issued or granted subject to Chapter 10 is known or suspected to exist, any person may so notify the City Recorder in writing.
2. Upon receipt of a written complaint concerning a potential violation, the City Recorder shall conduct, or cause to be conducted, an investigation to determine whether the violation described in the written complaint exists or is thought to exist.
3. Where the City Recorder determines that a violation of Chapter 10 exists or is thought to exist, he or she shall issue a stop work order. The owner may appeal the stop work order within 10 days of its issuance to the City Council, but no activity may take place on the property during the appeal period. The City Council shall make a preliminary finding at its next regular Council meeting as to whether or not such a violation exists. If the City Council finds that a violation exists, the City Council shall direct the City Recorder to notify the owner of the property in violation thereof and to post the property directing the owner or other person in charge to abate the violation or to show cause as to why it should not be abated. The notice shall be in the form of certified, return receipt mail. The notice shall indicate at least the following:
   1. The location and nature of the violation.
   2. The provision or provisions of the Development Code violated or the permit or approval pursuant to the Development Code which has been violated.
   3. A direction to abate the violation within a time certain set by the Council.
   4. A statement advising the person that they may protest the abatement by giving notice to the City Recorder within fifteen (15) days from the date of the notice.
   5. A statement advising the owner of possible effects of non-compliance with Chapter 10 or permit or approval issued pursuant to the Development Code.
   6. A statement that unless the violation is corrected, the City may abate the violation and the cost of abatement shall be charged to the person responsible.
      

Within fifteen (15) days after the posting and mailing of the notice as provided in Section 10.28.060(C), the person responsible shall correct the violation or show that no violation exists.

1. The person responsible, protesting that no violation exists, shall file with the City Recorder, within 14 days from the date of the notice, a written statement which shall specify the basis for so protesting.
2. The statement shall be referred to the Council as a part of the Council's regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person responsible may appear and be heard by the Council; and the Council shall thereupon determine whether or not a violation in fact exists; and the determination shall be entered in the official minutes of the Council. Council determination shall be required only in those cases where a written protest has been filed as provided.
3. If the Council determines that a violation does in fact exist, the person responsible shall, within ten (10) days after the Council's determination, abate the violation.
   

1. If, within the time allowed, the violation has not been abated by the person responsible, the Council may cause the violation to be abated.
2. The Officer charged with abatement of the violation shall have the right at reasonable times to enter into or upon property to investigate or cause he removal of a violation, with such employees or contractors and equipment as may be necessary, without trespass.
3. The City Recorder shall keep an accurate record of the expense incurred by the City in physically abating the violation, and shall include therein a charge of 20 percent of the expense for administrative overhead.
   

If more than one person is a person responsible, they shall be jointly and severally liable for abating the violation or for the costs incurred by the City in abating the violation.

1. The City Recorder, by registered or certified mail, postage prepaid, shall forward to the person responsible a notice stating that:
   1. The total cost of the abatement, including the administrative overhead.
   2. The cost as indicated will be assessed to and become a lien against the property unless paid within thirty (30) days from the date of the notice.
   3. If the person responsible objects to the cost of abatement as indicated, he/she may file a notice of objection with the City Recorder not more than ten (10) days from the date of the notice.
2. Upon the expiration of ten (10) days after the date of notice, the Council in the regular course of business shall hear and determine the objections to the costs to be assessed.
3. If the costs of the abatement are not paid within thirty (30) days from the date of the notice, an assessment of the costs as stated or as determined by the Council shall be made by resolution, and shall thereupon be entered into the docket of City Liens; and, upon such entry being made, shall constitute a lien upon the property from which the violation was removed or abated.
4. The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the rate of 9 percent per annum. The interest shall commence to run from date of entry of the lien in the lien docket.
5. An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property.
6. The City of Bay City shall not be responsible for the condition or storage of the component parts of or personal property situated within the structure following abatement by the City.
   

The City Council may institute such proceedings for injunctive relief against a violation or continuing violation as may be authorized by the statutes of the State of Oregon. In the enforcement of provisions prohibiting nuisances caused by odor, sound, vibration and the like, the City may seek injunction against the specific device, activity or practice causing the nuisance.

The remedies outlined in this Chapter are cumulative and are not mutually exclusive and are in addition to any other rights, remedies and penalties available to the City under any other provision of law, including injunction. The City Council may cause to be instituted appropriate legal action in any court to enjoin the existence of a structure or to enjoin any principal or accessory, use, occupation, building or structure which is in violation of any provision.

1. Each day of violation of a provision of this Chapter constitutes a separate offense.
2. The abatement of a violation is not a penalty for violating this Chapter but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the violation; however, abatement of a violation within fifteen (15) days of the date of notice to abate, or if a written protest has been filed, then within ten (10) days of Council determination that a violation exists, may excuse the person responsible from the imposition of any penalty at the Council’s sole discretion.