(a)

Generally. The Director shall administer and enforce this Chapter. The Director may be provided with the assistance of such other persons as the City Manager may direct.

(b)

Notices of Violation. If the Director finds that any of the provisions of this Chapter are being violated, he or she shall notify in writing the person who is allegedly responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

(c)

Authority to Enforce. The Director may:

(1)

Order the discontinuance of illegal use of land, buildings, or structures;

(2)

Order the removal of illegally constructed buildings or structures, or the discontinuance of any illegal construction being done and the restoration of the subject property; or

(3)

Take any other action authorized by this Chapter or this Code which, in the Director's reasonable judgment, will promote compliance with or prevent violation of the requirements of this Chapter.

(Ord. 7, §1, 2019)

Whenever a violation of this Chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Director, who shall properly record such complaint, promptly investigate, and take action thereon as provided by this Chapter.

(Ord. 7, §1, 2019)

(a)

Generally. The provisions of this Chapter may be enforced by any or all of the following methods, or any other method authorized by law:

(1)

Requirement of a building permit;

(2)

Requirement of a certificate of occupancy;

(3)

Inspection and ordering removal of violations;

(4)

Proceedings in any court of competent jurisdiction, including municipal court (to the extent of its jurisdiction), which may involve, but are not limited to:

a.

Temporary or permanent injunction (including mandatory injunction);

b.

Abatement;

c.

Damages;

d.

Declaratory judgment;

e.

Civil or criminal fines;

f.

Restitution; or

g.

Incarceration

(b)

Additional Enforcement Procedures. In addition to the enforcement provisions of this Chapter, specific conditions of development approval may provide additional or alternative enforcement procedures or remedies.

(Ord. 7, §1, 2019)

(a)

Generally. Violation of any provision of this Chapter, or any condition attached to an approval granted hereunder, or any provision of an agreement entered into hereunder (except to the extent that the agreement provides for specific remedies in the event of a default), or failure to maintain in good condition the landscaping that is required by an approved landscape plan, shall constitute a violation of this Chapter.

(b)

Floodplains. The failure of a building, structure, or other development to be fully compliant with the Floodplain Management Regulations is a violation of this Chapter. A building, structure, or other development without the elevation certificate, other certifications, or other evidence of compliance required in the Floodplain Management Regulations is presumed to be in violation until such time as the documentation is provided.

(c)

Nature of Violations. Violations of this Chapter may be prosecuted as civil or criminal matters. Any person who violates this Chapter may be convicted of a misdemeanor, and shall, upon conviction, be fined as set forth in Section 1-4-20 of this Code.

(d)

Each Day a Separate Offense. Each day an offense continues shall be considered a separate offense.

(e)

Potentially Responsible Parties. The owner or tenant of any structure, land or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(Ord. 7, §1, 2019)

(a)

Generally. In addition to the other enforcement procedures and remedies authorized by this Article, the provisions of this Section apply to certain violations of Article III, Division 3, Signs.

(b)

Summary Removal of Certain Prohibited Signs. The Director, or the Director's designee, may immediately remove any of the following signs found by the Director to be a safety hazard, a public nuisance, or a trespass upon City property, and in violation of Article III, Division 3, Signs:

(1)

Unauthorized signs posted by private parties on public property; within public rights-of-way; on public street medians, islands or parkways; on traffic control devices or traffic control signs and fixtures; or attached to utility equipment, poles, or wires.

(2)

Unauthorized signs protruding or projecting over, into, through, or within the airspace over any public right-of-way.

(3)

Unauthorized signs that materially impede visibility of cross-traffic at street intersections. A sign shall be presumed to materially impede vision if located within a required sight triangle.

(4)

Any sign found by the Director to be hazardous by reason of inadequate maintenance, dilapidated condition, or obsolescence such that the sign creates an imminent hazard to public health or safety. Such hazardous signs are declared a nuisance and unlawful.

(5)

Signs that are designed, shaped and/or painted to mimic, simulate, or represent official traffic control devices, such as but not limited to stop signs, yield signs, caution signs or speed limit signs.

(c)

Summary Removal of Unlawful Temporary Signs. It shall be unlawful for the owner or occupant of any property upon which a temporary sign is posted to permit, condone, maintain, or authorize the posting of such temporary sign where the removal or replacement of such sign is required by this Article III, Division 3, Signs. Temporary signs posted in violation of Article III, Division 3, Signs shall be deemed a public nuisance, and the Director may remedy and abate such nuisance in accordance with this Code. Upon the failure of the owner or occupant to remove or replace a temporary sign in accordance with Article III, Division 3, Signs, the Director is authorized to enter upon private property and remove any temporary sign that is in violation of Article III, Division 3, Signs.

(d)

Recovery of Costs. The Director may seek recovery of the costs of removal of signs listed in subsections (b) or (c), above.

(Ord. 7, §1, 2019)

Unauthorized berms may alter drainage patterns and are therefore declared a public nuisance. Consequently, in addition to any other penalty or remedy, the City may require the immediate removal of any berm constructed in violation of this Chapter, and reimbursement to the City of any costs associated with such action.

(Ord. 7, §1, 2019)

(a)

Generally. No lot may be subdivided or altered (e.g., through a lot-line adjustment) in such a way that it would not conform to the requirements of this Chapter; or cause any building, structure, setback, or use to not conform to the requirements of this Chapter. No permit shall be issued for any property or lot created by such a subdivision or reduction in violation of this Subsection.

(b)

Subdivision. Except as specifically permitted by Chapter 17 and this Chapter, it is unlawful for any person to sell, convey, transfer, dispose of or otherwise divide any property within the City where such sale, conveyance, transfer, disposition or division would divide a lot of record into two (2) or more parcels of land. In addition to any other remedy available to the City, the City shall not recognize or permit the use of a parcel of land created in violation of this Section, unless and until such parcel of land is lawfully subdivided in accordance with Chapter 17 of this Code and meets all applicable requirements of this Chapter.

(c)

Exceptions. This Section shall not apply to the following:

(1)

Any division of land resulting from the foreclosure of a deed of trust, mortgage or other security interest recorded prior to the effective date of this Section;

(2)

Any division of land ordered by a court of competent jurisdiction pursuant to the law of eminent domain;

(3)

Any division of land that is to be created by a contract concerning the sale of a part or parcel of such land where the contract is expressly contingent upon the purchaser's obtaining final approval from the City of a subdivision plat accurately describing such division of land pursuant to Chapter 17 of this Code and such approval is granted by the City; or

(4)

The sale, conveyance, transfer, disposition, division, or dedication of property to the City that is accepted by the City, for the purpose of providing land for a public use including, but not limited to, park, open space, trail, right-of-way, utility access, and drainage management.

(Ord. 7, §1, 2019)