Purpose. This Section establishes the procedures that the City may use to assure compliance with the provisions of this Zoning Ordinance and to correct violations. The Section also sets out the remedies and penalties that the City may seek to correct violations. The provisions of this Section are intended to encourage the voluntary correction of violations.

Application. The Administrator or their appointee shall administer and enforce the provisions of this Zoning Ordinance and shall have powers and duties to:

Review all permits and certificates required by this Zoning Ordinance for compliance.

Issue all permits and certificates required by this Zoning Ordinance subsequent to administrative review.

Inspect any property, building, or structure that has applied for a permit to be erected, constructed, reconstructed or structurally altered. A building permit or certificate of occupancy will not be issued until an inspection has been made.

Inspect any structure reported or observed that is not in compliance.

Notify in writing the person responsible for violations of this Zoning Ordinance, as described in this Section.

Violations and Penalties. Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this Zoning Ordinance, upon conviction, shall be in violation of this Code of Ordinances, and each day that a violation is permitted to exist constitutes a separate offense. The Council is designated and ordered to enforce this Zoning Ordinance.

Enforcement. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Zoning Ordinance, the Council, in addition to other remedies, shall institute any proper action or proceedings in the name of the City, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about said premises.

Abatement. The City may abate violations of this Zoning Ordinance pursuant to this Subsection. This remedy is authorized for, but is not limited to, any situation where any property owner fails to construct, improve, or maintain any improvement that is required by the terms of any permit or approval, or any condition upon any land that is in violation of this Zoning Ordinance.

Notice. Before action is taken to abate a violation to this Zoning Ordinance or any violation to an ordinance or other policies of the City, a final warning notice shall be served personally or by certified mail with return receipt required to the owner of record of the property, or to the property owner or association, as applicable, and a period of five business days shall be given from the date of the notice indicated by the date on the letter. Failure to receive such notice when proof of delivery to the correct address has been provided by the U.S. Post Office shall not forestall enforcement action under this provision.

Timing. Unless this notice is appealed, pursuant to requirements of this Zoning Ordinance within ten (10) days of the posting of the final warning, the City may proceed to abate the violation in accordance with City policies and procedures.

Costs. The Administrator shall keep an account of the direct and indirect cost incurred by the City in the abatement of any violation. The Administrator shall forward a bill for collection to the violator or association, and to the owner of record of the property specifying the nature and costs of the work performed. Direct and indirect costs shall include, but not be limited to, the actual expenses and costs to the City in the preparation of the notices, specifications and contracts, actual physical abatement processes, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes.

Payment. The responsibility for payment of the charges for abatement as set out in this Subsection shall rest solely upon the owners of the property upon which the abatement occurred, or the property owners’ association, as applicable. Such charges shall become a lien upon the real property or properties upon which the violation was located or upon properties associated with the property upon which the violation was located. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes, with which it shall be upon a parity. The lien shall continue until the charges and all interest due and payable thereon are paid.

Judicial Remedies. The City is allowed to request remedies to enforce this Zoning Ordinance in a court of competent jurisdiction. This Subsection shall not limit the power of the City to pursue multiple or alternative actions, remedies, and penalties, or to pursue actions, remedies, and penalties that are authorized by law but not listed in this Subsection.

Fines. Any person, firm, corporation, agent, or employee who violates any of the provisions of this Zoning Ordinance shall be fined according to the resolution of the City Council, as amended from time to time.

Injunctive Relief. The City may seek an affirmative injunction to require the demolition or removal of a structure, or to allow the City to demolish or remove a structure and recover costs against the landowner, pursuant to the provisions of state law.