Fremont City Zoning Code
CHAPTER 1177
Enforcement, Violations and Penalties
1177.01 ENFORCING OFFICER.
It shall be the duty of the Zoning Inspector to enforce this Zoning Ordinance. The Zoning Inspector is hereby authorized to enforce, issue orders to prevent and stop violations, and administer the provisions of this Zoning Ordinance. The Zoning Inspector may be assisted by other personnel as the Safety Service Director may authorize.
(Ord. 2020-4053. Passed 1-7-21.)
1177.02 NOTICE OF VIOLATION.
The Zoning Inspector shall give written notice, by certified mail, return receipt requested, or by other means, to ensure actual notice to persons responsible for any alleged violation. Such notice shall state the reasons why the Zoning Inspector believes there is a violation in fact and shall require an answer or a correction of the alleged violation, as determined by the Zoning Inspector, within a reasonable time limit set by the Zoning Inspector. The notice shall also state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Zoning Inspector within the set time limit constitutes an admission of the violation.
(Ord. 2020-4053. Passed 1-7-21.)
1177.03 RESPONSE TO NOTICE OF VIOLATION.
The manner in which persons responsible for an alleged violation of this Zoning Ordinance respond to the notice of violation shall determine the course of action taken by the Zoning Inspector as follows:
(a) Correction of Violation Within Time Limit. If, within the time limit set, the alleged violation is corrected, as determined by the Zoning Inspector, "violation corrected" shall be noted on his copy of the notice and retained as official City records.
(b) Petition for Appeal. If, within the time limit set, persons responsible for the alleged violation petition the Board of Zoning Appeals for an administrative review to determine whether or not there is an error by the Zoning Inspector in regard to the interpretation of this Zoning Ordinance, then no legal action shall be initiated by the City against those responsible for the alleged violation until after the Board has made its determination.
(c) Request for Extension of Time. If a reply is received within the time limit set indicating that an alleged violation will be corrected, but that more time is required than was granted by the original notice, the Zoning Inspector may grant an extension of time, if he or she deems such extension is warranted by the circumstances of the case, and if such extension will not, in his or her opinion, cause imminent peril to life, health or property. In acting on such a request, the Zoning Inspector shall state his or her reasons in writing, for granting or refusing to grant the extension and shall transmit the same by certified mail, return receipt requested, or other means to ensure actual notice, to those to whom original notice was sent.
(d) No Correction and No Reply. If there is no reply within the time limit set, thus establishing an admission of the violation as provided in Section 1177.02: Notice of Violation, and the alleged violation is not corrected to the satisfaction of the Zoning Inspector within the time limit set, he or she shall take or cause to be taken such action as is warranted by the continuation of an admitted violation.
(Ord. 2020-4053. Passed 1-7-21.)
1177.04 PROSECUTION OF VIOLATION.
If the notice of violation is not complied with nor an appeal proceeding started within five (5) days of the service of notice, the Zoning Inspector shall request the Law Director to enforce the penalty provisions of this Zoning Ordinance against the person responsible for the violation or to institute the appropriate proceeding at law or in equity against the person responsible for such violation, ordering such person to:
(a) Restrain, correct or abate such violation.
(b) Remove or terminate the unlawful use of the parcel of land or building or other structure in violation.
(c) Remove the work in violation.
(d) Prevent the occupation or use of a parcel of land or building or other structure, or part thereof, erected, constructed or altered in violation of, or not in compliance with, this Zoning Ordinance, or in violation of a plan or specification under which an approval, permit or certificate was issued.
(Ord. 2020-4053. Passed 1-7-21; Ord. 2025-4244. Passed 4-17-25.)
1177.05 VIOLATIONS SPECIFIED.
No person, including an officer, director, or employee of a corporation or a governmental official or agent charged with the responsibility of issuing permits or inspecting buildings or structures shall:
(a) Violate a provision of this Zoning Ordinance and/or a rule for the enforcement of this Zoning Ordinance.
(b) Construct or build a structure or building in violation of a condition of a zoning variance or special approval.
(c) Fail to comply with an order issued pursuant to this Chapter by the Zoning Inspector, the Board of Zoning Appeals or a court.
(d) Make a false or misleading written statement, or omit required information or a statement in an inspection report, application, petition or request for approval or appeal, to the Zoning Inspector or the Board of Zoning Appeals.
(e) Refuse entry or access to an inspector lawfully authorized to inspect any premises, building or other structure pursuant to this Zoning Ordinance.
(f) Unreasonably interfere with an authorized inspection.
(g) Issue, fail to issue, cause to be issued or assist in the issuance of a certificate, permit or license in violation of this Zoning Ordinance or a rule promulgated under this Zoning Ordinance or another applicable law.
(h) Having a duty to report a violation of this Zoning Ordinance or a rule promulgated under this Zoning Ordinance or other applicable law, conceal such violation.
(Ord. 2020-4053. Passed 1-7-21.)
1177.06 NUISANCE ABATEMENT.
Buildings erected, altered, razed or converted, or uses carried on in violation of this Zoning Ordinance, are hereby declared to be nuisances per se. The City may petition the courts to order the nuisance abated. The owner or agent in charge of the building or land, or both the owner and the agent, may be judged to be guilty of maintaining a nuisance per se.
(Ord. 2020-4053. Passed 1-7-21.)
1177.07 PENALTY.
(a) Specific Violations.
(1) With respect to Section 1177.05(c), a person is guilty of a separate offense for each day that such person fails to comply with a stop construction order validly issued by the Zoning Inspector and for each week that a person fails to comply with any other order validly issued by an enforcing agency.
A. Each violation of this Zoning Ordinance or a rule promulgated under this Zoning Ordinance,
B. Each false or misleading written statement or omission of required information or a statement made in an application, petition, request for approval or appeal to the Zoning Inspector or the Board of Zoning Appeals,
C. Each day after the required number of days set forth in this Zoning Ordinance where a person fails to provide the required information to the Tax Administrator.
(3) With respect to Section 1177.05(b), a person is guilty of a separate offense for each violation of a condition of a variance of special approval.
(4) With respect to any other subsection of Section 1177.05, not otherwise provided for, a person is guilty of a separate offense for each violation of this Chapter.
(5) The imposition of sentence under this Section shall not be construed as excusing or permitting the continuation of any violation.
(b) General Penalty. A violation of this Zoning Ordinance is an offense punishable by a fine of not more than two hundred fifty dollars ($250.00) or by imprisonment for not more than thirty (30) days or both.
(Ord. 2020-4053. Passed 1-7-21.)
1177.08 REMEDIES.
(a) Injunction, Mandamus, and Abatement. If any building is located or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is used or is proposed to be used, in violation of this Zoning Ordinance, or any amendment or supplement thereto, the Zoning Inspector, the Law Director, or any adjacent or neighboring property owner who would be especially damaged by the violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(b) Withhold Permit.
(1) City officials 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 a provision of this Zoning Ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision applies regardless of whether the current owner or applicant is responsible for the violation in question.
(2) Instead of withholding or denying a permit or other authorization, City officials may grant such authorization subject to the condition that the violation be corrected by a specified time. City officials are also authorized to require adequate financial assurances that such correction will be made.
(Ord. 2020-4053. Passed 1-7-21.)
1177.09 AFFECTED PARTIES.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, engineer, surveyor, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2020-4053. Passed 1-7-21.)
1177.10 OTHER ACTION.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2020-4053. Passed 1-7-21.)