This chapter is intended to indicate the responsibilities for the enforcement of the Zoning Code and the penalties for violations.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

All departments, officials and employees of the city vested with the duty or authority to issue permits, certificates or licenses shall comply with the provisions of this title, and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permit, certificate or license issued in conflict with the provisions of this title shall be void.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

The community development director or such other person as the community development director may designate is authorized to enforce this title. The community development director may serve notice requiring removal of any structure or use in violation of this title. The community development director may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is authorized to institute appropriate action to that end. The community development director may call upon the chief of police and his authorized agents to assist in the enforcement of this title.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

A.

Infractions. It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any mandatory requirement of this title. Except as otherwise provided in subsection B of this section, any entity violating any provision, or failing to comply with any mandatory requirement of this title, is guilty of an infraction, and upon conviction shall be punished by a fine of not more than one hundred dollars.

B.

Misdemeanors. Notwithstanding any provision to the contrary, any person, firm or corporation committing any act made unlawful pursuant to subsection A of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars and/or imprisonment of not more than six months, if any of the following circumstances exists:

1.

The violation was committed willfully or with knowledge of its illegality;

2.

The violator does not cease, or otherwise abate the violation after receiving notice of such violation;

3.

The violator has previously been convicted of violating the same provision of this title within two years of the currently charged violation; or

4.

The provision violated specifies that such violation shall be a misdemeanor.

C.

Violations. Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this title shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this section. Any use not specifically permitted under the provisions governing the zone in which such use is located shall be considered a violation of this title.

D.

Recordation of violation. The community development director or his or her authorized representative may issue a twenty-day notice of intent to record the violation. The notice of intent is appealable pursuant to Section 21.62.020(B) of this title. Absent an appeal and after twenty days from issuance of the notice of intent, the violation may be recorded with the county recorder by parcel number.

E.

Unlawful use or structure. Any use or structure that is altered, enlarged, erected, established, maintained, moved, operated, or allowed to exist or continue in a manner contrary to the provisions of this Zoning Code, or any applicable condition of approval, is declared to be unlawful, and shall be subject to the remedies and penalties identified in this chapter, and the revocation procedures initiated in compliance with Chapter 21.68, (Revocations and Modifications).

(Ord. 2070 § 1 (Exh. A)(part), 2006).

All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

A.

Allow access to property. Every applicant seeking an application, approval, permit, or any other action in compliance with this Zoning Code shall allow appropriate city officials access to any premises or property that is the subject of the application. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and any conditions of approval.

B.

Failure to allow inspections. Failure to allow inspection of an approved use shall be grounds for revocation of any city issued permit and/or business license.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

A.

Purpose. Code enforcement fees are intended to compensate for administrative costs for repeated city inspections, and not as a penalty for violating this Zoning Code or the Municipal Code.

B.

Initial inspections. Code enforcement fees shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.

C.

Zoning entitlement required. If a zoning entitlement is required to correct a violation (e.g., to legalize the establishment of a land use; or to alter, construct, enlarge, erect, maintain, or move a structure), the applicant shall pay the additional permit processing fee established by the city's schedule of fees and charges to process the application.

D.

Reinspection fee. A reinspection fee shall be imposed on each property owner who receives a notice of violation, notice and order, or letter of correction of any provision of the Municipal Code, adopted building code, or state law. The code enforcement reinspection fee amount shall be established by the city's schedule of fees and charges. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled or conducted and the violations have not been fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law, or costs incurred by the city for the abatement of a public nuisance.

E.

Continuing violation. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the law for less than one hundred eighty days, the violation shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.

(Ord. 2070 § 1 (Exh. A)(part), 2006).