A.

Interpretation of Title. Where this title imposes a greater restriction upon the use of buildings or land or upon the height of buildings or requires larger lots or yards than are imposed or required by existing provisions of law or ordinance or by such rules or regulations, this title shall control.

B.

Enforcement of Title—Authority of City Manager.

1.

This title shall be enforced by the city manager, who shall have authority to grant or revoke building permits or certificates of occupancy; to make inspections and to make all decisions necessary to carry out the provisions of this title; and to appoint such persons as necessary to carry out the functions and enforcement of this title.

2.

The city manager, or the city manager's authorized representative, shall have the authority to issue a written citation to any person whom the authorized representatives have reasonable cause to believe is committing a violation of any of the terms of this title. The authorized representatives of the city manager, for the purpose of enforcement of this title, shall be the director of the planning and community development and all enforcement and zoning inspectors.

3.

Citation to Constitute Notice to Appear—Procedure on Failure to Appear. It shall constitute notice to every person charged with violating this zoning ordinance, if the city manager or his authorized representatives issues a citation to said person for a violation of this title. A citation shall indicate the section of the title that has been violated, the date of the violation, the name of the property owner or tenant, the address of the property upon which the violation occurred, and the time and date the owner or tenant of the property is to appear in municipal court.

4.

Bond in Lieu of Appearance. In the event that any person receiving a citation does not desire to appear before the municipal court to answer to the offense charged, a bond of one hundred dollars in cash to be posted with the municipal court clerk on or before the appearance date in the citation. The bond shall be forfeited unless such person shall appear before the municipal judge at the time fixed in citation. Upon forfeiture, and providing that the violation has been corrected to the satisfaction of the city manager or the authorized representative, no further action shall be taken against the person for the violation.

C.

General Penalty—Continuing Violations. Any person violating any provision of this title shall be deemed guilty of a misdemeanor and, if convicted, shall be punished by a fine of not more than seven hundred fifty dollars, to which may be added court costs, as set by the municipal court. Any person who violates the terms of this title and is formally charged with said violation (by the filing of a complaint in the municipal court for the city), within one year of a prior conviction in the municipal court for the city for the same offense charged, may be, upon conviction, punished by a fine of not more than seven hundred fifty dollars, to which may be added court costs, as set by the municipal court, or imprisoned in the city jail for a period not to exceed six months, or punished by such fine and such jail sentence. Each day or any portion thereof any violation of this title continues shall constitute a separate offense.

D.

Inspections—Right of Entry. All buildings or lots which are subject to the provisions of this title may be inspected by the city manager, or city manager's authorized representative, to ensure compliance with all the requirements of this title, as provided in this subsection. Whenever the city manager, or the city manager's authorized representative, has reasonable cause to believe that there exists in any building, or upon any premises, any condition or a use of property which is in violation of the terms of this title, the city manager, or the city manager's authorized representative, may enter such building or premises at all reasonable times to inspect the same, or to perform any duty imposed upon the city manager, or the city manager's duly authorized representative, by this title, provided, however, that if such building or premises be occupied, the city manager or the city manager's authorized representative, shall first present proper credentials and demand entry; and, if such building or premises be unoccupied, the city manager or the city manager's authorized representative, shall first make a reasonable effort to locate the owner, or persons having charge or control of the building or premises, and demand entry. If such entry is refused, the city manager, or the city manager's authorized representative, shall have recourse to every remedy provided by law to secure entry.

E.

Remedies. Whenever any building or premises is constructed, structurally altered, repaired, replaced, or used in a manner contrary to the terms of this title, the city manager, or the city manager's authorized representative, may, in addition to any other remedies provided, order the construction, structural alteration, repair, or a use of the building or premises immediately stopped, by notice in writing, served on any owner or person engaged in the doing or causing such construction, structural alteration, repair, replacement, or use.

(Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)

If for any reason any part, section, subsection, sentence, clause, or phrase of this title, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this title.

(Ord. 5-91 (part), 1991)