The Director shall:

1. Enforce the provisions of this UDC; 
2. Provide in writing the specific areas of noncompliance to the person or entity in violation of any provision of this UDC; and
3. Bring violations or lack of compliance to the attention of the City Attorney or other appropriate authority .

Effective on: 5/20/2019

1. Complaints. Any person may file a written complaint to the Director on a suspected violation of this UDC. The Director shall record the complaint immediately, investigate, and take action as provided in this Article.
2. Notice of Violation.
   1. Mailed Notice. The Director shall send a violation notice by certified mail, postage pre-paid, return receipt requested, to the property owner on which the violation is taking place.
   2. Notice Contents. The notice shall contain the violation description, address or location of property, date of noticed infraction, steps to correct, and the deadline to correct the infraction.

3. Timeframe for Violation to be Corrected. Failure to correct the violation within 15 business days from the date of mailing the letter shall constitute an offense. 
4. Correction. Correction of the violation in the manner stipulated by the violation notice at any point during this enforcement process, shall deem the notice null and void, and enforcement activity shall cease.
5. Existing Violations.
   1. Generally. Any violation of the repealed provisions of the City Code that this UDC replaced shall continue to be a violation under this UDC and shall be subject to the penalties and enforcement set out in this Article unless the use, development, construction, or other activity complies with the provisions of this UDC. 
   2. Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the repealed provisions of the City Code, even if the original violation is no longer considered a violation under this UDC.

Effective on: 5/20/2019

1. Misdemeanor Offense. Violation of the provisions of this UDC or failure to comply with any of its requirements (including violations of conditions of approval and safeguards established in connection with grants of Variances or Conditional Use Permits) shall constitute a misdemeanor.
2. Punishment. Any person who violates this UDC or fails to comply with any of its requirements ,shall upon conviction, be fined not more than $500.00 or imprisoned for not more than 30 days, or both and in addition shall pay all costs and expenses involved in the case.
3. Successive Days. Each day such violation continues shall be considered a separate offense.
4. Associated Parties. The owner or tenant of any full or partial building, structure, or premises, 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 provided in this Section.

Effective on: 5/20/2019

The Director, with assistance from other applicable City staff members, may enforce any violation of this UDC prior to, and without, judicial process by:

1. Withholding Permits. The Director may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of this UDC or those of a referral agency.
2. Temporarily Revoking Permits. The Director may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.
3. Suspending Permits. The Director may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.
4. Revoking Permits and Approvals.
   1. Generally. Any permit or other approval required by this UDC may be revoked:
      1. When the Director determines that there is a violation of any provision of this UDC;
      2. When the Director determines that the permit or approval was issued in error or based on false representation;
      3. Upon the request of a referral agency with jurisdiction and due cause; or
      4. When the Director, or City Engineer, as appropriate, determines that there is a departure from the approved plans required under the permit, this UDC, or the City's Engineering Design Standards and Specifications.

1. 2. Notice. Written notice of permit or approval revocation shall state a time frame to correct the violation.
   3. Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
   4. Failure to Correct. After the period to correct the violation lapses, as specified in Sec. 14.801.2.C, Timeframe for Violation to be Corrected, and arrangements acceptable to the Director have not been made, the Director may:
      1. File litigation in a court of competent jurisdiction; and/or
      2. Remove or correct such violation and place a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.

5. Stopping Work.
   1. Issuance. With or without revoking permits, the Director shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this UDC by issuing a written stop work order.
   2. Stop Work. The permittee and/or operator shall immediately stop all activity until authorized, in writing, by the Director to proceed.
6. Issuing Cease and Desist Orders. The Director may issue a cease and desist order to close unlawful uses or to halt a violation of this UDC.

Effective on: 5/20/2019

The City may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this UDC in any court of competent jurisdiction:

1. Injunctive Relief. The City may seek an injunction to stop any violation issued under this UDC. Such relief may include revocation or termination of permits, including Conditional Use Permits. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this UDC is, or may be, an injury to the public health, safety, or general welfare or that public health, safety, or general welfare may be irreparably injured.
2. Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation, or to otherwise restore the violating property to the condition in which it existed prior to a violation.
3. Civil Liability. The Director:
   1. Has the authority to issue a citation and deliver it to a person believed to be committing a civil violation; and
   2. Is declared to be the official with the duty of enforcing this UDC with respect to:
      1. Appearing and testifying in any trial held with respect to a citation;
      2. Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred;
      3. Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
      4. Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.
4. Criminal Liability.
   1. Punishment. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this UDC may be punished by fines and / or imprisonment, as prescribed by law, for each week or partial week, that the violation or noncompliance has continued.
   2. Responsible Parties. Every person concerned in the violation of, or showing failure to comply with this UDC, whether the person directly commits the act, or aids or abets the act, and whether present or absent, shall be proceeded against and held as a principal.
       

Effective on: 5/20/2019