- ENFORCEMENT, VIOLATION AND PENALTY2
Editor's note— Ord. No. 2019-0130, § 2, adopted Sept. 24, 2019, deleted former Art. XIII, §§ 94-160 and 94-161, entitled "Tree Board and Public Tree Care," which derived from Ord. No. 2018-0030, § 2, Apr. 10, 2018. Ord. No. 2019-0130 further amended the Code by renumbering Art. XIV, §§ 94-165 and 94-166 as Art. XIII, §§ 94-160 and 94-161 as herein set out.
(a)
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, any land disturbance is conducted, or any building, structure, or land is used in violation of state statute, or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, activity, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place, property, site, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of the state statute.
(b)
The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation, or who maintains any building or premises in which any such violation shall, upon conviction, be punishable by section 1-13.
(c)
Any such person who having been served with an order to resolve any such violation shall fail to comply with such order within ten days after such service, or shall continue to violate any provision of the regulations made under authority of the state statute, in the respect named in such order shall also be subject to a civil penalty of $250.00.
(d)
No owner, or agent of the owner, of any land located within the platting jurisdiction of the city, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to, or by other use of a plat of any purported subdivision of the land before the plat has been approved by the board or planning commission, and recorded in the office of the county recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such board or planning commission, and the sale is contingent upon the approval of such plat by the board or planning commission. Any person violating the provisions of this section shall forfeit and pay to the city a penalty not to exceed $300.00 for each parcel transferred or sold, or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The city may enjoin or vacate the transfer, sale, or agreement by legal action, and may recover the penalty in such action.
(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2019-0130, § 2, 9-24-2019)
The city shall have the right to stop all, or any part of, construction activities and development in violation of this chapter. When a violation is found, the city shall post on the site a written order directing such construction activities and development to be stopped immediately, and shall also serve that written order upon any person, firm, corporation, or business engaged in such construction activities and development at the site. This section does not preclude remedies available under federal, state, or common law.
(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2019-0130, § 2, 9-24-2019)
- ENFORCEMENT, VIOLATION AND PENALTY2
Editor's note— Ord. No. 2019-0130, § 2, adopted Sept. 24, 2019, deleted former Art. XIII, §§ 94-160 and 94-161, entitled "Tree Board and Public Tree Care," which derived from Ord. No. 2018-0030, § 2, Apr. 10, 2018. Ord. No. 2019-0130 further amended the Code by renumbering Art. XIV, §§ 94-165 and 94-166 as Art. XIII, §§ 94-160 and 94-161 as herein set out.
(a)
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, any land disturbance is conducted, or any building, structure, or land is used in violation of state statute, or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, activity, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place, property, site, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of the state statute.
(b)
The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation, or who maintains any building or premises in which any such violation shall, upon conviction, be punishable by section 1-13.
(c)
Any such person who having been served with an order to resolve any such violation shall fail to comply with such order within ten days after such service, or shall continue to violate any provision of the regulations made under authority of the state statute, in the respect named in such order shall also be subject to a civil penalty of $250.00.
(d)
No owner, or agent of the owner, of any land located within the platting jurisdiction of the city, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to, or by other use of a plat of any purported subdivision of the land before the plat has been approved by the board or planning commission, and recorded in the office of the county recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such board or planning commission, and the sale is contingent upon the approval of such plat by the board or planning commission. Any person violating the provisions of this section shall forfeit and pay to the city a penalty not to exceed $300.00 for each parcel transferred or sold, or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The city may enjoin or vacate the transfer, sale, or agreement by legal action, and may recover the penalty in such action.
(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2019-0130, § 2, 9-24-2019)
The city shall have the right to stop all, or any part of, construction activities and development in violation of this chapter. When a violation is found, the city shall post on the site a written order directing such construction activities and development to be stopped immediately, and shall also serve that written order upon any person, firm, corporation, or business engaged in such construction activities and development at the site. This section does not preclude remedies available under federal, state, or common law.
(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2019-0130, § 2, 9-24-2019)