At the direction of the city administrator, the responsibilities of the community development department as they relate to administration and enforcement of this chapter shall be as follows:

A.

Administer and enforce this chapter.

B.

Create and maintain system of current and permanent records of this chapter including, but not limited to, all maps, amendments, conditional uses, variances, appeals, and applications.

C.

Receive, file, and forward all applications for appeals, variances, conditional uses, amendments, or other matters to the designated official bodies.

D.

Determine the completeness of applications. Notify applicants of incomplete applications within 15 business days of receipt of the application.

E.

Maintain a system of records to ensure that the city council acts on applications within 60 days of being deemed complete. Notify the applicant in writing if the city needs an additional 60 days to act on the application.

F.

Provide public notice of all applications that require a public hearing.

G.

Act as liaison between the planning commission and city council.

H.

Review and determine that all building permits and certificates of occupancy comply with the provisions of this chapter.

I.

Periodically inspect buildings and land uses in the city for compliance with the provisions of this chapter.

J.

Notify in writing any person responsible for violating a provision of this chapter indicating the nature of the violation and ordering the action necessary to correct it and a time frame for compliance.

K.

Initiate, in the name of the city, appropriate actions or proceedings against any violator of the provisions of this chapter as proved by law as may be necessary to insure compliance with or to prevent violation of its provisions. Cooperate with the city attorney in the prosecution of complaints.

The responsibilities of the city as they relate to this chapter shall be to implement city council policies and to administer the affairs of city government as outlined in Ordinance No. 104A.

The responsibilities of the city council as they relate to the administration of this chapter shall be to exercise the legislative power of the city, to determine all matters of policy, to act on recommendations of the planning commission and other boards, and to enforce the provisions of this chapter.

The responsibilities of the planning commission as they relate to the administration of this chapter shall be: to assist and advise the city council in planning and administration of the city zoning ordinance; to conduct public hearings as directed by city council on matters as required by provisions of the zoning/subdivision ordinances; and to act on any other matters referred to it by the city council or by ordinance. Following the required public hearings, the planning commission shall make its reports and recommendations to the city council.

A.

To guarantee completion of exterior facilities and amenities as shown on the approved plans or any conditions imposed as part of an application granted under this chapter, applicants may be required to provide a financial guarantee and/or development agreement before the issuance of a building permit.

B.

The content of the development agreement must be approved by the city and must define the required work, reflect the terms to the required guarantee for the performance of the work by the applicant, and provide for the forfeiture of the financial guarantee to the city to correct a default or to reimburse the city for the cost of enforcement measures. Landscaping improvements may not be deemed complete until the city has verified survivability of all required plantings through two winter seasons.

C.

Any financial guarantee required by the development agreement guarantees conformance and compliance with the conditions of the application approval and this chapter.

D.

The amount of the financial guarantee must be established by the city based upon an itemized estimate of the cost of all required work as documented by the applicant. A cash deposit or an irrevocable letter of credit or similar financial security as approved by the city attorney must be in the amount of 150 percent of the approved estimated cost.

E.

The applicant may submit separate financial guarantee for that portion of the required work solely of landscaping improvements and another separate financial guarantee for all other exterior amenities and improvements that comprise the work.

F.

The city may hold a financial guarantee for a period of time as determined by the development agreement. The financial guarantee may be periodically reduced and ultimately released by the city council.

G.

Failure to comply with the conditions of the application approval, the development agreement, or this chapter may result in forfeiture of the financial guarantee to the extent necessary to achieve compliance with the approved plan.

The procedures to appeal the decisions of the city are as follows:

A.

At any time within 30 days after the city makes a decision under the provisions of this chapter, except in connection with prosecution of violations thereof, any person aggrieved by any decision or action can appeal by filing a written notice with the city administrator stating the specific grounds on which the appeal is made.

B.

The planning commission shall be given reasonable opportunity not to exceed 60 days, to review and report to the city council upon the approval.

C.

The city council, acting as the board of adjustment and appeals, may conduct a public hearing and shall make a final determination.

D.

Notice of hearing before the city council shall be mailed to all appellants at least ten days prior to the hearing. In the event the matter involves a determination of district boundary lines or interpretations of the text of this chapter, the notice shall also be published in the official newspaper once at least ten days prior to the hearing.

A.

Violations. The violation of any provision of this chapter, or the violation of the conditions or provisions of any permit issued pursuant to this chapter, shall be a misdemeanor and, upon conviction thereof, the violator shall be subject to a fine, imprisonment, or both as provided in the city Code; plus, in either case, the cost of prosecution.

B.

Penalties. Unless otherwise provided, each act of violation and every day on which such violation occurs or continues constitutes a separate offense.

C.

Application to city personnel. The failure of any officer or employee of the city to perform any official duty imposed by this chapter shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for such failure.

D.

Equitable relief. In the event of a violation or the threatened violation of any provision of this chapter or any provision or condition of a permit issued pursuant to this chapter, the city, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violation or threatened violation, and to impose a lien upon the affected property for the cost thereof to be collected as a special assessment.