9.1.1

Purpose

The purpose of this Chapter is to require compliance with the requirements of this Code, including all documents incorporated by reference. The provisions of this Chapter are also intended to clearly identify activities that violate the requirements of this Code and to establish the general remedial measures available to the City in enforcing this Code where violations exist.

9.1.2

Enforcement Authority

The City Council and the duly appointed representatives of the City shall, at a minimum, have the authority to enforce the zoning and subdivision provisions of this Code, including any documents incorporated by reference either in whole or in part, pursuant to this Chapter of the City of Douglas Unified Land Development Code and pursuant to the governing State Statutes.

Nothing in this Chapter, or any other Chapter within this Code, shall be interpreted in a manner that would restrict or otherwise limit the ability of the City Council to pursue all available means of enforcement under the laws of the State of Wyoming.

9.1.3

Duty to Enforce

A.

Community Development Director
It shall be the duty of the Community Development Director or his or her designee, functioning as the City Code Enforcement Officer, to interpret and enforce all regulations, requirements, and conditions contained in this Code, including any documents incorporated by reference whether in whole or in part, and in any approved development applications, financial assurances, development agreements, subdivision improvement agreements, or any other plan or permit required by this Code or an agreement approved pursuant to this Code unless that duty has been expressly delegated to another office.

B.

City Engineer
It shall be the duty of the City Engineer to interpret and enforce all engineering regulations and requirements contained in this Code, including any documents incorporated by reference whether in whole or in part, and any related plan requirements required by this Code pertaining to subdivision construction, road construction, access, grading, and drainage unless that duty has been expressly delegated to another office.

C.

Inaction and Delay
Any inaction, delay, or lack of enforcement on the part of the City shall not constitute a waiver of the right of enforcement and shall not, for any reason, be construed as authorization or approval of a violation of this Code.

9.1.4

Violations

It shall be unlawful for any building, structure, or use of land to be constructed, installed, altered, maintained, or otherwise initiated in violation of these regulations, including any amendment, order, or decision authorized here under. In order to enforce this Code, the City may seek remedies under this Chapter or may institute proper legal actions or proceedings to prevent an unlawful activity or situation.

9.1.5

Development Application and Violation

No development application shall be initiated or accepted for review and processing by the Community Development Department if the subject property is in violation of this Code unless the purpose of the development application is to correct the violation or unless specific authorization is granted by the Community Development Director. The Community Development Director, at his or her discretion, may suspend an enforcement action if an application has been submitted to the City to legalize or otherwise rectify the existing violation.

9.1.6

Authority to Investigate and Inspect

A.

General
The Community Development Director, or his or her designee, is hereby authorized to inspect and investigate any building, structure, real property, proposed right-of-way, or tract of land within or upon which there is reasonable cause to believe a use exists or construction or alteration work has been or will be performed, in violation of the applicable provisions of this Code. Such inspections may include the following:

• Observations of the property from those portions of the property which are open or accessible to the public, from public property, or from other private property for which permission to enter has been obtained from the owner of record or from the occupant;

• Entry onto the property pursuant to a court order obtained after submitting an application for an administrative search warrant which includes a sworn affidavit detailing facts to support a reasonable belief that a violation is likely to exist and that further investigation of the premises is warranted;

• Entry onto the property in emergency situations in which the Community Development Director has reason to believe that the public health or safety is in imminent danger and could be jeopardized by any delay in securing entry; or

• Entry onto the property after receiving express permission from the alleged violator.

B.

Hours of Inspection
All inspections conducted by the Community Development Director, or his or her designee, shall occur during normal City business hours except in emergency situations or when the violation typically occurs or can only be witnessed or investigated outside normal City business hours.

C.

Signature Constitutes Consent
An owner's signature on an application requesting approval of a permit, zoning action, subdivision action, or other authorization shall constitute permission for the Community Development Director to enter and inspect a property until the use, activity, development, subdivision, or construction that is the subject of the development application or permit has concluded.

9.1.7

No Permission to Violate

A.

Oversight or Error
No oversight, error, or wrongful approval of a permit or plan on the part of the Community Development Director, or his or her designee, or any official or employee of the City shall be interpreted so as to legalize, authorize, or excuse any violation of this Code. All development permits, construction permits, inspections, or any other authorization by the City presuming to give authority to violate or cancel the provisions of this Code or other City regulations or ordinances are invalid.

B.

Erroneous Information
The Community Development Director shall have the authority to require an applicant to correct errors on approved plans, specifications, or other data supporting the approval within a reasonable time, which shall not exceed 45 days from the date that the Director notifies the applicant of such error(s). The Community Development Director shall also have the authority to require the applicant or operator of the development or use that is the subject of the error(s) to cease construction activities or onsite operations until the erroneous information is rectified if the Director determines that such activities or operations pose an imminent threat to public health, safety, or welfare.

C.

Falsified or Misrepresented Information
The issuance of a permit or approval based on falsified or intentionally misrepresented information shall not prevent the Community Development Director from subsequently requiring the correction of errors in the plans, specifications, and other data or from requiring the applicant from ceasing construction or onsite operations that are in violation of this Code or any other applicable law.

9.1.8

Liability

No provision of this Code shall be interpreted or otherwise construed so as to hold the City of Douglas, City employees, and/or City officials, acting within the scope of their employment, responsible or legally liable for any damages to persons or property resulting from any of the following activities:

• Inspections of a property, structure, or use;

• Conducting enforcement or review procedures pursuant to the requirements of this Code;

• Failure to enforce or inspect to the fullest extent authorized by this Code;

• Issuing or denying issuance of a permit or approval; or

• Initiating or failing to initiate legal action as authorized or required by this Code.

9.1.9

Powers and Duties

The Code Enforcement Officer shall perform the following functions:

i.

Enforce the zoning ordinance as directed by the city administrator;

ii.

Accomplish all administrative actions required by this Code and the City of Douglas Municipal Code, including the establishment of the following forms which format shall be approved by the City Council:

a.

Rezoning (Map Amendment) requests,

b.

Zoning interpretation requests,

c.

Zoning certificates, and

d.

Notices of violation and cease and desist orders.

iii.

Undertake preliminary discussions with applicants for zoning permits, plan reviews, or other action as required by this title.

(Ord. No. 967, § 42, 8-10-2015)

9.2.1

Required

Zoning certificates may be issued to an applicant by the Community Development Department in order to establish compliance with the requirements of this Code if the subject property, use(s), and structure(s) are, in fact, in compliance with such requirements. The Community Development Director shall have the authority to determine whether a zoning certificate is required to initiate a new use, construct or modify a new structure, or change the use of a property or existing structure. Zoning certificates may also be issued upon request by an applicant upon a finding of compliance with this Code.

No substantial change shall be made in the use of any land or structure or part of a structure until the Community Development Director determines whether a zoning certificate is required and after such certificate has been issued establishing that the new use qualifies as a permitted use within the applicable zoning district, and that such change is in compliance with the requirements of this Chapter.

9.2.2

Purpose

Zoning certificates are intended to promote the health, safety, and general welfare of the public by regulating new uses and changes of use to ensure compliance with the requirements of this Code and the City of Douglas Municipal Code. The provisions of this Chapter shall be held as the minimum requirements for the promotion of health, safety, and general welfare. If the requirements of this Chapter conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive or the regulation setting the highest standard shall govern.

9.2.3

Application Fee

An applicant seeking a zoning certificate shall pay a fee in accordance with the fee schedule adopted and approved by the City Council in order to defray the cost of plan reviews and inspections incurred by the City in ensuring compliance with the requirements of this section and to defray the cost of the City in issuing zoning certificates. The following shall be exempt from payment of the application fee for a zoning certificate:

i.

New developments requiring site plan review and approval pursuant to Chapter 3 of this code shall be exempted from the zoning certificate application fee, provided all other plan review and building permit fees are paid, and

ii.

Any request by a local, state, or federal government agency for issuance of a zoning certificate.

9.2.4

Zoning Certificate Application

Written applications on approved forms shall be filed with the Code Enforcement Officer and shall be accompanied by two copies of a site plan drawn to scale, or one hard copy and an electronic copy meeting the specifications of the Community Development Department, and including the following information:

i.

Street address, lot and block number;

ii.

The actual shape and dimensions of the lot;

iii.

The exact location, size, and height of any building or structure to be erected or altered, the existing and intended use of each building or structure or part thereof, and the number of families or dwelling units the building is designed to accommodate;

iv.

When no buildings are involved, the location of the present use and proposed use of the lot or parcel;

v.

Dimensions of existing and proposed yards, driveways, and parking spaces;

vi.

Existing and proposed landscaping and direction of flow of surface drainage;

vii.

Existing and proposed signs;

viii.

Right-of-way and name(s) of adjacent street(s);

ix.

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Chapter.

One (1) copy of the plans shall be returned to the owner following approval along with the associated zoning certificate.

9.2.5

Approval or Disapproval of Zoning Certificate Application

Zoning certificate applications shall be reviewed and approved within thirty (30) days of the date filed with the Code Enforcement Officer. The timeline for review and approval of a zoning certificate may be extended or otherwise modified if such request for a zoning certificate is reviewed concurrent with an associated development application. Disapproval of an application for a zoning certificate shall be accompanied by written findings of fact detailing the basis for disapproval. Requests to appeal the zoning certificate decision of the Code Enforcement Officer shall be heard by the Board of Adjustment pursuant to Chapter 2.60 of the City of Douglas Municipal Code.

9.2.6

Expiration of Zoning Certificate

A zoning certificate issued in accordance with the provisions of this Chapter shall remain valid and active as long as the conditions under which such certificate was issued remain unchanged.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 1011, § 34, 12-13-2021)

The City Building Official shall issue building permits in conformance with the provisions of this Code and report any violation thereof to the Code Enforcement Officer.

(Ord. No. 967, § 42, 8-10-2015)

9.4.1

General

The following shall be unlawful if performed in a manner that is not in accordance with this Code or in accordance with the scope, terms, and conditions of any development application approval or permit without first obtaining all development approvals and permits required herein:

• Using real property or improvements thereon;

• Developing real property;

• Erecting, constructing, reconstructing, remodeling, restoring or improving a building or structure; or

• Altering the use of any real property or improvements thereon in any way not in accordance with this Code.

9.4.2

Procedures for Enforcement

A.

Notice of Violation

i.

Notice Issuance

If probable cause exists to believe that a violation has occurred, a notice of violation shall be sent by the Code Enforcement Officer via certified mail to the mailing address of the subject property and to the property owner at the owner's mailing address as listed in the records of the Converse County Assessor's Office.

ii.

Notice Content and Time for Correction

The notice of violation shall specifically describe the nature of the violation and shall require the violation to be corrected within ten (10) calendar days from the date of issuing the notice. The notice of violation may require that the violation be corrected within a period of time less than ten (10) business days if the Community Development Director determines, at his or her sole discretion, that the violation presents an imminent risk to the public health, safety or welfare. The notice of violation shall provide that the alleged violator may request additional time to correct the violation. Any extensions of time shall only be valid if granted in writing by the Community Development Director.

iii.

Failure to Correct

If the violation is not corrected within the time period established in the notice of violation or written extension of time the alleged violator may be subject to the administrative remedies and civil and criminal penalties provided for in this Section.

iv.

Show Cause Hearing and Notice

If a violation is scheduled for a show cause hearing pursuant to this Section, notice of the date, time, and location of the hearing shall be mailed via certified mail to the property owner's mailing address as listed in the records of the Converse County Assessor's Office and to the mailing address of the subject property.

B.

Revocation of Approvals and Permits
If an alleged violator is in violation of the terms and conditions of a development application approval or development permit that was issued by the Community Development Director without review by the Planning and Zoning Commission or the City Council, the Community Development Director shall have the authority to revoke the development permit or development application approval.

Notice of the revocation may be sent via certified mail to the property owner's mailing address listed in the records of the Converse County Assessor's Office and to the mailing address of the subject property.

Appeals of revocations shall be heard by the City Council pursuant to the procedures set forth in Chapter 3 of this Code.

C.

Court Action for Civil Remedies
The Community Development Director may refer the matter to the City Attorney for the filing of a court action seeking the imposition of civil penalties, pursuant to State Statute. The City Attorney shall place the matter on the City Council's agenda for a hearing to show cause why such an action should not be filed.

D.

Restoration and Mitigation as a Remedy
The Community Development Director may require a combination of restoration and mitigation of the structure or premises if warranted by the circumstances.

i.

Community Development Director Authorized to Order Restoration

In addition to other enforcement remedies provided for in this Code, the Community Development Director may order the reasonable restoration of a structure, premises, and any adjacent and affected site to its lawful condition or may require reasonable mitigation. These requirements may be attached as conditions to development permits or enforcement actions and orders as appropriate.

ii.

Alleged Violator Bears Sole Cost of Restoration

Any restoration or mitigation measures required by the Community Development Director shall be at the sole cost of the alleged violator.

iii.

Mitigation as Alternative to Restoration

Mitigation may be appropriate where the Community Development Director determines that restoration of the premises or adjacent site to its pre-existing condition is not feasible or that irreparable damage has been done to the premises, an environmentally sensitive land, or a historical structure.

E.

Injunction
The Community Development Director may refer a violation matter to the City Attorney for the institution of an injunction, mandamus, abatement, or other appropriate action to prevent, enjoin, abate, or remove a violation or to otherwise restore the premises to the condition that existed before the violation, pursuant to Wyoming State Statute. The City Attorney shall place the matter on the City Council's agenda for a hearing to show cause why such an action should not be filed.

F.

Criminal Proceedings
The Community Development Director may refer the matter to the City Attorney for prosecution as a criminal violation, pursuant to Wyoming State Statute. The City Attorney shall place the matter on the City Council's agenda for a hearing to show cause why such an action should not be filed.

(Ord. No. 967, § 42, 8-10-2015)

9.5.1

False or Inaccurate Information Provided and Plat Not Filed

The City Council may take appropriate action to deny, suspend, or withdraw any approval of a preliminary plan or final plat, or any amendment thereto, or to require that certain corrective measures be taken, following a determination that the information provided by the subdivider upon which such approval was based is materially false or inaccurate or that new significant information has been brought to the City Council's attention. The action may occur at any step in the platting process prior to the recording of the final plat, and shall take place at a regular public hearing. The City Council shall determine at the hearing the nature and extent of the alleged false or inaccurate information, shall consider any new significant information that has been brought to its attention, and shall have the authority, upon a showing of good cause, to deny the preliminary plan or final plat or suspend or withdraw any approval or require corrective measures to be taken. No final action authorized by this Section shall be taken unless the applicant is notified of and, if present at the public hearing, has an opportunity to respond to the proposed denial, suspension, withdrawal, or corrective action.

9.5.2

False or Inaccurate Information Provided and Plat Filed

If it is determined after a final plat approved by the City Council is filed for recording that the final plat approval was based on materially false or inaccurate information, the City Council may take appropriate action to withdraw or reconsider the approval, to require corrective measures, or to void the plat, after a public hearing where adequate notice and opportunity to be heard are given to the subdivider, any successor property owners, and any affected adjacent property owners, referral agencies, or service providers.

9.5.3

Sale of Lots Prior to Plat Recordation

It shall be unlawful to transfer legal or equitable title or sell any subdivided land as defined by this Code before a final plat for the land has been approved by the City Council and recorded with the Converse County Clerk and Recorder's Office. The City may seek to enjoin any violations of this provision. The City shall not be liable for any direct or apparent fiscal losses suffered by any party as a result of denial of any subdivision where the applicant has agreed to transfer or sell or offered to transfer or sell any subdivided land in advance of plat approval by the City Council.

9.5.4

Authority to Withhold Development and Building Permits

In addition to any other enforcement action specified in this Code, the Community Development Director shall be authorized to withhold or demand the withholding of the issuance of any building permit or related permit under this Code sought or requested for property for which a final plat, replat, or amendment thereto has not been approved or recorded or which is in violation of the approved final plat, replat, or amendment thereto, including any plat note or restriction.

(Ord. No. 967, § 42, 8-10-2015)

In addition to the remedies available to the City as identified above in this Section, the City may also impose a financial penalty upon any person, firm, corporation, partnership or other entity who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this Code. Upon conviction, the violator shall be fined a sum of not more than seven hundred fifty dollars ($750.00) for each offense committed. Each calendar day that the violation exists shall constitute a separate offense (e.g., A zoning violation that occurs on Tuesday and continues until Friday of the same week shall constitute four (4) separate offenses).

(Ord. No. 967, § 42, 8-10-2015)