This Land Development Code shall be enforced by the Zoning Administrator.

All of the following represent violations of the Land Development Code and of law and will be subject to the remedies and penalties provided in the Land Development Code, the City Code and state law.

A.

Subdivision, Development or Use Without Required Permits or Approvals
It is a violation of the Land Development Code to engage in any subdividing, development, use, construction, remodeling or other activity of any nature without obtaining all the permits, approvals, certificates and other forms of authorization required by this Land Development Code.

B.

Subdivision, Development or Use Inconsistent with Permit
It is a violation of the Land Development Code to engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.

C.

Subdivision, Development or Use Inconsistent with Conditions
It is a violation of the Land Development Code to violate, by act or omission, any term, condition, or qualification imposed by a decision-making body upon a required permit, certificate, or other form of authorization.

D.

Subdivision, Development or Use Inconsistent with Land Development Code
It is a violation of the Land Development Code to erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure or to use any land in violation or contravention of any zoning, subdivision, or other regulation of the Land Development Code, or any amendment thereof.

E.

Making Lots or Setbacks Nonconforming
It is a violation of the Land Development Code to reduce or diminish any lot area so that the setbacks or open spaces are smaller than prescribed by the Land Development Code.

F.

Increasing Intensity of Use
It is a violation of the Land Development Code to increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of the Land Development Code.

G.

Continuing Violations
It is a violation of the Land Development Code to continue any of the violations specified in this Article. Each day that a violation continues shall be considered a separate offense.

The City shall have the following remedies and enforcement powers.

A.

Withhold Permits
The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of the Land Development Code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body. Instead of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected. This enforcement provision applies regardless of whether the current owner or applicant is responsible for the violation in question. The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by a person who owns, developed or otherwise caused an uncorrected violation of a provision of the Land Development Code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation.

B.

Revoke Permits
A permit may be revoked when the Building Official determines that:

1.

There is departure from the plans, specifications, or conditions as required under terms of the permit;

2.

The plans, specifications, or conditions were obtained by false representation or were issued by mistake; or

3.

Any of the provisions of the Land Development Code are being violated.

C.

Stop Work
With or without revoking permits, the City may stop work on any building or structure, on any land on which there is an uncorrected violation of a provision of the Land Development Code or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under the building code.

D.

Revoke Plan or Other Approval
When a violation of the Land Development Code involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Board of City Commissioners may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or such other conditions as the Board of City Commissioners may reasonably impose.

E.

Injunctive Relief
The City may seek an injunction or other equitable relief in court to stop any violation of the Land Development Code or of a permit, certificate or other form of authorization granted hereunder.

F.

Abatement
The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

G.

Penalties
The penalty for a violation of this Land Development Code shall be governed by the penalty provisions of the Municipal Code, and the City may also seek such criminal or civil penalties provided by North Dakota law.

H.

Other Remedies
The City shall have such other remedies as are and as may be from time to time provided by North Dakota law and municipal codes for the violation of zoning, subdivision or related Land Development Code provisions.

I.

Remedies Cumulative
The remedies and enforcement powers established in this Article are cumulative.

A.

Non-Emergency Matters
In the case of violations of the Land Development Code that do not constitute an emergency, the Building Official shall give notice of the nature of the violation to the property owner and to any other person who is party to the agreement and to any applicant for any relevant permit, after which the persons receiving notice shall have ten (10) days, or such longer period as the Building Official allows, to correct the violation. If the violation is not corrected within the required time-frame, the Building Official and City Attorney shall use all penalties, remedies and enforcement powers available under this Article. Notice must be given in-person, by United States Mail, or by posting notice on the premises. Notices of violation must state the nature of the violation, the time period allowed for coming into compliance, the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

B.

Emergency Matters
In the case of violations of the Land Development Code that do constitute an emergency situation, the City shall use all remedies, penalties and enforcement powers available under this Article without prior notice, but the Building Official must send notice simultaneously with beginning enforcement action to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.

A.

Other Powers
In addition to the enforcement powers specified in this Article, the City may exercise any and all enforcement powers granted to them by North Dakota law.

B.

Continuation
Nothing in the Land Development Code shall prohibit the continuation of previous enforcement actions, undertaken by the City pursuant to previous and valid ordinances and laws.