Dunes City City Zoning Code
ENFORCEMENT
§ 155.020 MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this chapter, and the city code of ordinances, shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare.
(Ord. 259, passed - -)
§ 155.021 VIOLATION OF CHAPTER PROHIBITED.
No person, firm, or corporation may erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain or use any building or structure or building service equipment, or divide or transfer any land in violation of the provisions of this chapter.
(Ord. 259, passed - -)
§ 155.022 OFFICIAL ACTION.
All officials, departments, and employees of the city vested with authority to issue permits, certificates, or licenses shall adhere to and require conformance with all use requirements.
(Ord. 259, passed - -)
§ 155.023 AUTHORITY.
Any condition caused, maintained, or allowed to exist in violation of any provisions of this chapter, or conditions attached to ordinances or orders creating subdivisions or planned unit developments (PUDs), or other orders, may be abated by the city pursuant to the procedures set forth herein, except those whereany other individual or body has been expressly deemed responsible for such enforcement activity.
(Ord. 259, passed - -)
§ 155.024 ADMINISTRATIVE ENFORCEMENT AUTHORITY.
(A) The Code Enforcement Officer has the authority to make the determination in the first instance whether a violation of this chapter code provisions has occurred or exists, and has the authority to take appropriate action to gain compliance with the provisions of this code. The Code Enforcement Officer further has the authority to issue notices of violation, findings, and orders, the power to inspect public and private property pursuant to this chapter, and the power to utilize the administrative remedies available under this code.
(B) The City Recorder, with approval of the City Council, may hire individuals with the skills, knowledge, and expertise to serve as Code Violation Investigators. The Code Violation Investigator will conduct investigations or inspections, or accompany the Code Enforcement Officer on any investigations or inspections, conducted pursuant to this chapter, and will have the same power as the Code Enforcement Officer to inspect public and private property. The Code Violation Inspector will report and make recommendation to the Code Enforcement Officer to aid the Code Enforcement Officer in making a determination as to whether a violation of this code has occurred or exists.
(C) The City Code Enforcement Officer is responsible for the enforcement of all provisions of this chapter, except those where any other individual or body has been expressly deemed responsible for such enforcement activity.
(Ord. 259, passed - -)
§ 155.025 AUTHORITY TO INSPECT, ABATE; EMERGENCY.
(A) Entrance on property with permission of the person in charge. With the permission of the person in charge of the property, the Code Enforcement Officer and/or a Code Violation Investigator is authorized to enter upon any properly or premises at a reasonable time in order to ascertain if a chapter code violation exists on the property, and to make any investigations, examinations, and surveys as may be necessary in the performance of his or her enforcement duties. This may include, but is not limited to, taking of photographs, taking measurements, or collecting samples of other physical evidence. With the permission of the person in charge, the Code Enforcement Officer is further authorized to enter onto property to abate a chapter code violation in accordance with the requirements of this section.
(B) Entrance on property without permission of person in charge. In the event that the Code Enforcement Officer cannot gain permission from the person in charge to enter onto property when such entry is sought pursuant to this section, the Code Enforcement Officer may seek entry through any legal means including, without limitation, making application to any court of competent jurisdiction for issuance of a warrant. The warrant application shall identify the premises upon which entry is sought, the purpose for which entry is desired, and the facts giving rise to the belief that a condition which is a violation of this code exists on such premises, and if applicable any abatement actions that will be taken.
(C) Emergency. In cases where a violation of this chapter unmistakably exists and the violation imminently endangers human life or property, the Code Enforcement Officer shall immediately notify the appropriate county, state, or federal office having oversight and jurisdiction over the subject matter of the violation, and the Code Enforcement Officer may proceed summarily to abate the violation.
(Ord. 259, passed - -)
§ 155.026 RECOVERY OF ADMINISTRATIVE COSTS.
The City Council finds there is a need to recover costs incurred by the city in its code enforcement efforts. These costs shall be referred to as administrative costs, and will include time spent by city personnel re-inspecting properties throughout the city in an effort to ensure compliance with the provisions of this chapter, and costs incurred in the investigation, inspection, re-inspection, recording of notices, title search, and any other costs associated with violations specified on any notice.
(Ord. 259, passed - -)
§ 155.027 WRITTEN COMPLAINT; EXCEPTIONS.
(A) Any person may submit to the Code Enforcement Officer a signed, written complaint alleging that a violation of this chapter has occurred. The complaint must contain: the contact information, including name, address, telephone number, and email address, if any, of the complainant; a full description of the alleged violation; and the city code section which has allegedly been violated. If the Code Enforcement Officer finds the complaint to be credible, the Code Enforcement Officer may investigate the complaint.
(B) The Code Enforcement Officer may undertake investigations of possible code violations in the absence of a written complaint if a potential code violation is reported by an employee or contractor for the city, or the state or federal governments.
(Ord. 259, passed - -)
§ 155.028 COMPLAINANT’S RIGHT OF APPEAL.
(A) In the event the Code Enforcement Officer finds a complaint is not credible, the complainant has the right to appeal that decision to the City Council by submitting written notice of appeal, together with appeal administration fees, within ten calendar days of the date of notification of finding that the complaint is not credible. Upon receipt of a timely filed notice of appeal, the matter will be placed on the agenda for consideration at the next regularly scheduled City Council meeting. The Council’s decision on appeal shall be final.
(B) The City Council will, by resolution, set the amount to be collected for filing of a notice of appeal. All appeal administration fees shall be paid at the time of filing of the notice of appeal. In the event of a finding by the City Council in favor of the complainant, the city will assume all costs associated with processing the appeal. In the event the finding of the City Council upholds the decision of the Code Enforcement Officer, the complainant will reimburse the city for any and all costs associated with processing the appeal. Collection of such fees shall be made in the same manner as provided in § 155.031.
(Ord. 259, passed - -)
§ 155.029 CODE VIOLATIONS.
In the event of a finding of a violation of this chapter, the Code Enforcement Officer may take the following actions:
(A) Seek voluntary compliance to abate the violation without any further action taken;
(B) Summarily abate the violation if the violation is an immediate threat to public health and safety, or endangers property;
(C) Impose administrative costs against the person found to be responsible for the violation;
(D) Issue a notice of violation;
(E) Issue a cease and desist, or stop work, order;
(F) Withhold building permits on any unsold lots in a subdivision which the Code Enforcement Officer finds does not comply with:
(1) The provisions contained in this chapter; or
(2) Any conditions attached to the order which created the subdivision.
(G) Abate;
(H) Fine;
(I) Execute a stipulation agreement; and/or
(J) Commence civil proceedings.
(Ord. 259, passed - -)
§ 155.030 NOTICE OF VIOLATION.
(A) (1) If the Code Enforcement Officer determines that a chapter violation exists, the Code Enforcement Officer shall serve a notice of violation on the property owner and the person responsible. The notice of violation will be served by certified mail, return receipt requested, or by personal service. Service by certified mail shall be deemed complete upon mailing. If the property owner is unknown or absent and has no known representative upon whom notice can be served, the Code Enforcement Officer shall post a copy of the notice of violation on the property.
(2) The notice of violation shall contain:
(a) Findings of fact with corresponding conclusions of law, which describe the code violation(s) and the corresponding code section(s), and/or rule(s), which have been violated;
(b) Order for corrective action, which describes specifically how each violation must be corrected and the timeframes within which the corrections are required to be made. The order for corrective action shall include a statement that if the violation is not appealed or corrected within 20 days of the date of service of the notice of violation, the city will abate or correct the violation and charge the costs of abatement or correction to the person responsible. The order for corrective action shall also include a statement that failure to correct or abate the code violation may result in the imposition of a fine;
(c) A description of the additional administrative and judicial enforcement actions that could be pursued by the Code Enforcement Officer if the violations are not satisfactorily corrected; or
(d) A statement that the person responsible or the property owner may appeal the order for corrective action to the City Council by delivering a written request for review to the City Recorder within ten calendar days after the date of issuance of the notice of violation.
(3) If the person responsible or the property owner fails to timely file a written request for review, the Code Enforcement Officer’s finding that a violation has occurred shall be final.
(B) An error in the name or address of the property owner or person responsible will not void the
notice of violation.
(C) Upon receipt of a timely filed written request for review, the matter will be placed on the agenda for consideration at the next regularly scheduled City Council meeting. If the Council determines that a code violation exists, the property owner or person responsible shall abate or correct the code violation within five days of the date of the Council’s decision, unless the Council allows a longer time for abatement or correction. The Council’s decision on the appeal shall be final.
(Ord. 259, passed - -)
§ 155.031 ABATEMENT, CORRECTION; ASSESSMENT OF COST; LIEN.
(A) If the violation has not been abated or corrected by the property owner or person responsible within the required timeframe, the Code Enforcement Officer may abate or correct the violation, provided that the estimated cost of the abatement or correction does not exceed $2,000. If the estimated cost of the abatement or correction exceeds $2,000, the Code Enforcement Officer shall seek approval of the expenditure of said amounts from the City Council at the City Council’s next regularly scheduled meeting. In addition to abating or correcting the violation, the Code Enforcement Officer may assess a penalty against the person responsible, and recover the costs of the abatement from the person responsible.
(B) The Code Enforcement Officer shall keep a record of the abatement or correction costs incurred by the city, including administrative expenses and costs of appeal, and report all work done for which assessments are to be made, stating and certifying the description of the real property, lots, or parcels involved and the amount assessable to each.
(C) The Code Enforcement Officer shall forward a notice of costs to the property owner and person responsible stating:
(1) The total cost of the abatement or correction;
(2) The amount of any penalty for violation of the code;
(3) The costs and any penalties will be assessed to and become a lien against the real property if not paid within 30 days of the date of the notice; and
(4) The amount of costs and penalties may be appealed to the City Council by submitting a written notice of appeal to the City Recorder within ten calendar days of the date of the notice.
(D) Upon receipt of a timely filed written request for review, the matter will be placed on the agenda for consideration at the next regularly scheduled City Council meeting. The Council’s decision on the appeal shall be final.
(E) Unless prior arrangements have been made with the City Recorder, if the costs of abatement or correction and any penalties assessed are not paid within 30 calendar days of the date of the notice of costs, the amount owed will be entered into the docket of city liens and will constitute a lien on the property where the violation took place.
(F) The lien may be enforced in the same manner as liens for street improvements are enforced, and will bear interest at a legal rate of interest. Interest will begin to run on the date of entry in the lien docket.
(G) An error in the name or address of the property owner or person responsible for a failure to receive the notice of costs will not void the assessment, and it will remain a valid lien on the property.
(H) Abatement or correction of a code violation is not a penalty, but is an additional remedy. Imposition of a penalty for a code violation does not relieve the person responsible of the duty to abate or correct the violation.
(Ord. 259, passed - -)
§ 155.032 FINE ASSESSMENT, LIEN.
(A) (1) In all cases where the same violation is made punishable or is created by different clauses or sections of the city code, the Code Enforcement Officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
(2) Provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
(B) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of the city code, and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply.
(C) No provisions of the city code designating the duties of the Code Enforcement Officer, or designated Code Enforcement Officer, shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intent of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(D) The Code Enforcement Officer shall forward a notice of imposition of penalty to the property owner and person responsible, stating:
(1) The amount of any penalty for violation of the city code;
(2) The penalty shall be assessed to and become a lien against the real property if not paid within 30 calendar days of the date of the notice; and
(3) The penalty may be appealed to the City Council by submitting a written notice of appeal to the City Recorder within ten calendar days of the date of the notice and paying any fees associated with the filing of notice of appeal.
(E) (1) Upon receipt of a timely filed written request for review, the matter will be placed on the agenda for consideration at the next regularly scheduled City Council meeting.
(2) The Council’s decision on the appeal shall be final.
(F) Unless prior arrangements have been made with the City Recorder, if the penalties assessed are not paid within 30 calendar days of the date of the notice of imposition of penalty, the amount owed will be entered into the docket of city liens and will constitute a lien on the property where the violation took place.
(G) The lien may be enforced in the same manner as liens for street improvements are enforced and will bear interest at a legal rate of interest. Interest will begin to run on the date of entry in the lien docket.
(H) An error in the name or address of the property owner or person responsible for a failure to receive the notice of imposition of penalty will not void the imposition and it will remain a valid lien on the property.
(I) (1) Abatement or correction of a code violation is not a penalty, but is an additional remedy.
(2) Imposition of a penalty for a code violation does not relieve the person responsible of the duty to abate or correct the violation.
(Ord. 259, passed - -)
§ 155.033 PROHIBITION AGAINST ISSUANCE OF CITY PERMITS.
For properties where a notice of violation has been issued, the city may withhold permits for repair, construction, and/or alteration, other than those necessary to achieve compliance with the provisions of this code, on the affected property until a notice of compliance has been issued by the Code Enforcement Officer.
(Ord. 259, passed - -)
§ 155.034 CEASE AND DESIST, STOP WORK ORDERS.
(A) Cease and desist orders, also known as stop work orders, may be issued when the Code Enforcement Officer has probable cause that an activity regulated by this chapter is being, or has been, conducted without a permit or in violation of this chapter. When activity has been stopped by a cease and desist order, it shall not be resumed until the reason for the activity stoppage has been completely satisfied, any administrative fees paid, and the cease and desist order lifted.
(B) The cease and desist order may be appealed to the City Council by submitting a written notice of appeal to the City Recorder within ten calendar days of the date of the issuance of the cease and desist order, and paying fees associated with the filing of notice of appeal. The City Council may impose a fee by adopted resolution for the filing of a notice of appeal of the Code Enforcement Officer’s decision.
(C) (1) Upon the filing of a notice of appeal of Code Enforcement Officer’s decision and payment of the filing fee therefor, the city shall schedule a hearing on the cease and desist order at the earliest practicable date, but not more than seven days after the effectiveness of any required notice. At the discretion of the city, such hearing may be:
(a) Part of a hearing on revocation of the underlying development approval; and/or
(b) To determine whether a violation has occurred, the City Council shall hold this hearing and shall make written findings as to the violation within seven days.
(2) Upon a finding of no violation, the City Council shall direct the Code Enforcement Officer to issue a resume work order. Upon a finding that a violation has occurred, the cease and desist order shall continue to be effective until the violating party furnishes sufficient proof to the Code Enforcement Officer that the violation has been abated. The decision of the City Council shall be final.
(Ord. 259, passed - -)
§ 155.035 STIPULATION AGREEMENT.
The Code Enforcement Officer, with the approval of the City Council, and a person alleged to have violated provisions of this code may voluntarily enter into a stipulation agreement whereby the parties to the agreement: Identify conditions on the property that require corrective action; agree on the corrective actions that must be performed by the person; agree on the timeframes in which the corrective actions must be completed; and any other necessary information. If the person fails to fulfill the requirements of the agreement, the Code Enforcement Officer may seek compliance with the terms of the agreement through a court of competent jurisdiction, or pursue other enforcement action allowed by this code.
(Ord. 259, passed - -)
§ 155.036 COMMENCEMENT OF CIVIL COURT ACTION.
In the event of a violation, or threat of violation, of the provisions of this chapter, the City Council or the Code Enforcement Officer may institute appropriate civil actions or proceedings in any court of competent jurisdiction requesting injunctive relief to prevent, restrain, correct, or abate such violations or threatened violations. The city may recover all costs, including reasonable attorney’s fees, incurred for the enforcement of the provisions of this chapter.
(Ord. 259, passed - -)
§ 155.037 JOINT RESPONSIBILITY.
If more than one person is a person responsible, they will be jointly and severally liable for abating or correction the violation, for the costs incurred by the city in abating or correcting the violation, and for any and all penalties assessed for violation of the city’s code.
(Ord. 259, passed - -)