Compliance with all the procedures and standards of this Code, and all terms and conditions of permits and development approvals is required by all persons owning, developing, managing, using, or occupying land, structures, or signs in the city.

A.

Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Code, or the terms or conditions of any permit or development approval granted in accordance with this Code, shall constitute a violation of this Code, punishable as provided in this Article.

B.

Permits or development approvals issued on the basis of applications approved by the City Council, Metropolitan Planning Commission, Zoning Board of Appeals, Historic District Review Board, Design Review Board, or the administrator authorize only the use, arrangement, location, design, density/intensity, and development set forth in such permits or development approvals, and no other development.

C.

Violations of this Code shall run with the land where the violation occurred, and shall not be voided by sale or transfer.

It shall be a violation of this Code to do any of the following:

A.

Develop, modify, occupy, or subdivide a property without first obtaining the appropriate permits or development approvals as set forth in Article 9 (Development Review Procedures).

B.

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining the appropriate permits or development approvals, and complying with their terms and conditions.

C.

Remove existing trees from a site or parcel of land without first obtaining the appropriate permits and development approvals, and complying with their terms and conditions.

1.

Clear-Cutting in Anticipation of Development: If an owner cuts all or any portion of his or her property under the claim of good faith forestry practice, and then seeks a development permit for any portion of the property within 2 years of the cut, a rebuttable presumption shall arise that the cut was done in anticipation of future development, and the permit shall be denied. Any person seeking to rebut the presumptions shall have the burden of proving their claim by clear and convincing evidence.

D.

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Code.

E.

Increase the intensity or density of development, except in accordance with the standards of this Code.

F.

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Code.

The administrator shall be responsible for enforcing the provisions of this Code.

Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the alleged violation and the basis for the alleged violation, and shall be filed with the administrator, who shall maintain a record of the complaint. The complaint shall be investigated promptly by the administrator, as provided in Section 12.2.3 (Inspections to Ensure Compliance), and action taken to abate or correct the violation.

Upon presentation of proper credentials, the administrator may enter upon land or inspect any structure to ensure compliance with the provisions of this Code. These inspections shall be carried out during normal business hours unless the administrator determines there is an emergency necessitating inspections at another time.

A.

When the administrator finds and determines a violation of this Code exists, the administrator shall notify, in writing, the person violating the Code. It shall be served by personal delivery or certified or registered mail, return receipt requested. The notice shall be mailed to the property address indicated on the city's official tax notice address of record. Such notification shall serve as a warning notice of a violation. The notice shall state the following:

1.

The address and legal description of the land, structure, or sign that is in violation of this Code.

2.

The nature of the violation, the provisions of this Code being violated, and the necessary action to remove or abate the violation.

3.

The date by which the violation shall be removed or abated.

4.

The penalty for failing to remove or abate the violation — if the nuisance recurs, a notice to appear in the appropriate court will be issued without further notice.

B.

If no one is present, or the recipient refuses to accept the notice of violation, the administrator shall post the warning notice on the residence or building entrance. If the land is unimproved, the notice may be placed on a tree or other similar object on the land subject to the violation.

C.

A written notice containing the same information as the notice delivered or posted on the land shall be mailed to the owner t or the owner's authorized agent, and to any other person or people responsible for the violation, by certified mail or registered mail, return receipt requested.

A.

If the person(s) to whom a warning notice has been given in accordance with Section 12.2.4, fails to remove or abate the violation in the time specified in the notice and severe conditions exist that affect health, welfare, or safety, or cause severe environmental degradation, the city, through the administrator, may lawfully enter upon the land where the violation remains unabated to remove or abate the violation, at the expense of the person or people responsible for creating or maintaining the violation(s).

B.

Under all other circumstances, if the person(s) to whom a warning notice has been given, in accordance with this section, fails to remove or abate the violation in the time specified in the notice, the administrator shall fill out and sign, as the complainant, a "complaint and information" form and a "notice to appear" in the appropriate court. The notice to appear shall include the following:

1.

The name of the owner of the land subject to the violation, any occupants, and any other person(s) responsible for the violation(s).

2.

The address or legal description of the land on which the violation is occurring.

3.

The nature of the violation.

4.

The provision(s) of this Code being violated.

5.

The date on which the case will be on the court docket for hearing.

6.

Any other information deemed pertinent by the administrator.

C.

The original copy of the notice to appear shall be forwarded to the clerk of the court for inclusion on the court's docket for the date indicated on the notice.

D.

The notice to appear shall be provided to all owners and/or occupants of the land, who are in violation of this Code or where violation is occurring. The notice shall be provided by personal delivery or certified or registered mail, return receipt requested.

All costs and expenses incurred by the city in removing or abating any violation under this Code may be assessed against the land on which the violation occurs as a lien on the property. Alternatively, the cost of removing or abating the violation may be made part of the judgment, in addition to any other penalties and costs imposed if the person or people charged either pleads guilty or is found guilty of causing, creating, or maintaining a violation.

A.

In instances of repeat violations, the warning notice provisions of this section need not be observed.

B.

Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.

Any person violating this Code shall be guilty of a misdemeanor and, upon conviction, shall pay such penalties as the court may decide, as prescribed by state law. Each day such conduct continues shall subject the offender to the liability prescribed in this article.

In addition, the city may use any combination of the following enforcement actions, remedies, and penalties in any particular order to correct, stop, abate, or enjoin a violation of this Code:

A.

Stop Order: The Administrator may issue and serve upon a person violating this Code a "stop order" requires the person to stop all actions in violation of this Code, including illegal occupation of a building or structure, performing illegal work, or any other action in violation of this Code.

B.

Permit Revocation: Any permit, development approval, or other form of authorization required under this Code may be revoked if the Administrator determines that:

1.

There is a failure to comply with the approved permit, development approval, plans, specifications, or terms or conditions required under the permit or development approval.

2.

The permit or development approval was procured by false representation.

3.

The permit or development approval was issued in error.

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

C.

Civil Remedies: In addition to all other remedies and penalties outlined in this article, the administrator may institute an action or proceeding for injunction or mandamus or other appropriate action or proceeding to prevent, abate, or correct a violation of this Code or to prevent the occupancy of a structure or land that is in violation of this Code. Each day a person violates this Code shall be considered a separate offense.

In case a structure or land is or is proposed to be developed or used in violation of this Code, an adjacent or neighboring landowner or tenant who would be specially damaged by the violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent its unlawful development or use, to correct or abate the violation, or to prevent the occupancy of the structure or use of the land.

The remedies provided for violations of this Code, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

See Section 13.2.1 K.