The purpose of this chapter is to establish the remedies, penalties, and procedures for enforcement of this title.

(Code 2023, § 10-7-1; Ord. No. 2017-54, 12-13-2017)

The remedies, penalties, procedures, and other matters set forth in this chapter shall apply to any violation of the provisions of this title. The remedies, penalties, and procedures set forth herein are not intended to limit or waive any remedies or rights under the law. The provisions of this chapter shall not invalidate any other chapter, section, or provision of this Code or applicable law, but shall be read in conjunction with such chapters, sections, and provision, and shall be used as an additional remedy for enforcement of violations.

(Code 2023, § 10-7-2; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter are defined in HCC chapter 10-3.

(Code 2023, § 10-7-3; Ord. No. 2017-54, 12-13-2017)

This title shall be administered and enforced by the community development director or other authorized enforcement official. References in this chapter to the community development director shall include any authorized enforcement official.

(Code 2023, § 10-7-4; Ord. No. 2017-54, 12-13-2017)

Every official and employee of the city who is vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or license for a use, building, or purpose in conflict with the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title, intentionally or otherwise, or which is issued upon a false statement of fact material to the issuance of the permit shall be void.

(Code 2023, § 10-7-5; Ord. No. 2017-54, 12-13-2017)

1. Unlawful acts. It shall be unlawful for any person to violate any provision of this title, cause the violation of any provision of this title, or fail or refuse to do some act required under this title, including, but not limited to, any of the following:
   1. To engage in any development, use, construction, remodeling, or other activity of any nature upon the land and improvements thereon subject to the city jurisdiction without required permits, approvals, certificates, and other forms of authorization required by this title or other city ordinance to engage in such activity;
   2. To engage in any development, use, construction, remodeling, or other activity contrary to the terms of any permit, approval, certificate, or other form of authorization required to engage in such activity;
   3. To violate, by act or omission, any lawful requirement placed by a land use authority or appeal authority upon a required permit, certificate, or other form of authorization granted by such authority allowing the use, development, or other activity upon land or improvements thereon;
   4. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure, or to use any land in violation of this title;
   5. To reduce or diminish any lot area so that setbacks or open spaces are smaller than prescribed by this title, any applicable site plan, or subdivision plat;
   6. To remove, deface, obscure, or otherwise interfere with any notice required by this title.
2. Continuing violation. Each day a violation is committed, maintained, continued, or permitted shall be considered a separate offense for purposes of the penalties and remedies available to the city. Accumulation of penalties for violations, but not the obligation for payment of penalties already accrued, shall stop on correction of the violation.
3. Persons liable. The owner, owner's agent, tenant, and/or occupant of any building or land or part thereof, and any builder, contractor, agent and/or other person who participates in, assists, directs, or creates any situation contrary to the requirements of this title may be held responsible for the violation and shall be subject to the penalties and remedies provided herein.

(Code 2023, § 10-7-6; Ord. No. 2017-54, 12-13-2017)

Any violation of the provisions of this title shall be subject to the enforcement remedies and penalties provided by this chapter and by state law, including any of the following:

1. Void subdivision. A subdivision plat recorded without the approvals required under this title is void.
2. Transfer of land voidable. A transfer of land pursuant to a void subdivision plat is voidable.
3. Withhold permit. The city may deny or withhold all permits, certificates, or other forms of authorization pertaining to any land or improvements when an uncorrected violation exists pursuant to this title or to a condition or qualification of a permit, certificate, approval, or other authorization previously granted by a land use authority or appeal authority. The city may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected. The provisions of this section shall apply regardless of whether the original applicant or current owner is responsible for the violation in question.
4. Revoke permit. Any permit may be revoked when the community development director determines the permit was procured by false representation or was issued by mistake.
   1. When a permit is revoked hereunder for false representation or mistake, a notice of a revocation shall be in writing and may be served upon the owner, the owner's agent or contractor, or upon any person employed at the site of the building or structure for which such permit was issued. A notice of revocation shall be posted in a prominent location, and, thereafter, no such construction shall proceed under such permit.
   2. When plans conflict with applicable requirements, in lieu of revoking a permit, such plans may be modified to conform with applicable requirements as determined by the community development director.
   3. When a mistake has been made calculating the fee for any permit, the proper fee shall be assessed and paid by the permit holder within ten days of notification.
5. Stop work. In accordance with its power to stop work under the building code, the city may stop work, with or without revoking permits, on any building or structure on land where there exists an uncorrected violation of a provision of this title, a permit, or other form of authorization issued hereunder.
6. Revoke plan or other approval. When a violation of this title involves failure to comply with approved plans or a condition upon which plan approval was subject, the original authorizing land use authority may, after ten days' notice to the applicant and other known parties in interest, including any holders of building permits affected and after a hearing:
   1. Revoke the plan or other approval; or
   2. Condition its continuance on strict compliance, the provision of security, or such other conditions as the original authorizing land use authority may reasonably impose.
7. Remove sign. When a sign is illegally located within a public right-of-way, on city-owned property, or in the case of an emergency or an identified hazard, the community development director may, without notice, cause the immediate removal of such sign.
   1. Such action by the city may be at the expense of the owner and shall include the actual cost of repair or removal of the sign, plus $25.00 for administrative and overhead costs.
   2. If the owner fails to pay the amount due within 30 days from the date of billing, the city may initiate legal action against the owner as provided by law to collect such costs and expenses, including interest at the legal rate and reasonable attorney fees.
8. Height and Setback deviation. When an unintended error has been made in building height or determining the location of a required setback and substantial construction subsequently has been undertaken in good faith, the community development director may approve a deviation from the required building height or setback so long as the deviation is no greater than ten percent of the required building height or setback and the director finds:
   1. Strict application of the building height or setback requirement would be an undue hardship;
   2. The modification will not create a substantial detriment to adjacent property; and
   3. The modification will not pose a danger to public health or safety.
9. Injunctive relief. The city may seek an injunction or other equitable relief in the district court to stop, prevent, or enjoin any violation of this title, or a permit, certificate, or other form of authorization granted hereunder.
10. Abatement. The city may seek a court order from the district court in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition which existed prior to the violation.
11. Other remedies. The city shall have such other remedies as are and as may be from time to time provided by state law or this Code for the violation of any provision of this title.
12. Remedies cumulative. The remedies herein shall be cumulative.

(Code 2023, § 10-7-7; Ord. No. 2017-54, 12-13-2017)

It shall be an affirmative defense to the enforcement of the provisions of this title that the action complained of is a legally nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity as governed by the provisions of HCC chapter 10-6.

(Code 2023, § 10-7-8; Ord. No. 2017-54, 12-13-2017)

1. Enforcement procedures and penalties. Violations of the provisions of this title shall be subject to the enforcement procedures and civil penalties set forth in HCC chapter 1-11.
2. Inspection of buildings, structures, and land uses. The community development director is authorized to inspect buildings and structures in the course of construction, modification, or repair and to inspect land uses to determine compliance with the provisions of this title. Such inspections shall be conducted at a reasonable hour. In no case shall entry be made to any occupied premises in the absence of the owner or tenant thereof without consent of the owner or tenant or a written order of a court of competent jurisdiction.
3. Interference with enforcement personnel. It shall be unlawful for any person to interfere with lawful enforcement activities.
4. Continuation. Nothing in this title shall prohibit the continuation of previous enforcement actions, undertaken by the city pursuant to previous and valid resolutions, ordinances, and laws.

(Code 2023, § 10-7-9; Ord. No. 2017-54, 12-13-2017)

Any person adversely affected by a final decision of the community development director enforcing the provisions of this chapter may appeal that decision to the appeal authority as provided in HCC 10-5-24.

(Code 2023, § 10-7-10; Ord. No. 2017-54, 12-13-2017)