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Ivins City Zoning Code

CHAPTER 29

ENFORCEMENT

16.29.101: PURPOSE:

The purpose of this chapter is to establish remedies, penalties and procedures for violations of this title, and all other land use ordinances, and to provide for the enforcement of the land use ordinances. (Ord. 2005-13, 2005)

16.29.102: TYPES OF VIOLATIONS:

It shall be an unlawful act for any person to violate any provision of this title, and all other land use ordinances, including, but not limited to:
   (1)   To conduct, commence or establish any use, construction, remodeling or other activity that is subject to the city land use ordinances without the required approvals, permits and licenses, as required by the land use ordinances.
   (2)   To conduct, commence or establish any use, construction, remodeling or other activity not allowed by the land use ordinances.
   (3)   To violate, by act or omission, any requirement or condition imposed by a land use authority on any required approval, permit or license.
   (4)   To erect, construct, reconstruct, alter or change the use of any building or structure without the approval of a building permit application.
   (5)   To conduct, commence or establish any use in violation of the land use ordinances.
   (6)   To reduce the size of any lot or parcel without the approvals, permits and licenses, as required by the land use ordinances.
   (7)   To increase the density or intensity of use of any land or structure without the approvals, permits and licenses, as required by the land use ordinances.
   (8)   To remove, deface, obscure, or otherwise interfere with any notice required by the land use ordinances. (Ord. 2005-13, 2005)

16.29.103: CONTINUING VIOLATION:

Each day a violation of a land use ordinance occurs, it shall be considered a separate violation hereunder. (Ord. 2005-13, 2005)

16.29.104: ENFORCEMENT:

   (1)   The city, or any adversely affected owner of real estate within the city, in which violations of the land use ordinances occur, or are about to occur, may, in addition to other remedies provided by law, institute:
      (a)   Injunctions, mandamus, abatement, or any other appropriate actions; or
      (b)   Proceedings to prevent, enjoin, abate or remove the unlawful building, use or act.
   (2)   The city need only establish the violation to obtain the injunction.
   (3)   The building official shall not issue a building permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform and comply with all regulations of all land use ordinances and building code.
   (4)   The city manager, zoning administrator, city engineer, city attorney and building official are hereby identified and authorized to enforce all provisions and requirements of the land use ordinances, and to initiate any and all proceedings the city may deem prudent to ensure compliance with all land use ordinances, as allowed and authorized by state laws. (Ord. 2005-13, 2005)

16.29.105: LEGAL LOTS REQUIRED:

No building permit application shall be approved or issued for the construction of any building or structure located on a lot subdivided or sold in violation of the provisions of all land use ordinances. (Ord. 2005-13, 2005)

16.29.106: LEGAL NONCONFORMITY AN AFFIRMATIVE DEFENSE:

It shall be an affirmative defense to the enforcement of all land use ordinances that the unlawful act being enforced exists as a legal nonconforming use or noncomplying structure 1 . (Ord. 2005-13, 2005)

16.29.107: STOP WORK:

In accordance with the power to stop work under the adopted building code, the building official may issue a stop work order, with or without revoking permits, on any building or structure where there exists an uncorrected violation of a requirement of the land use ordinances and adopted building code. (Ord. 2005-13, 2005)

16.29.108: PENALTIES FOR VIOLATIONS:

In addition to any other remedies available at law, penalties for violations of any of the provision of the land use ordinances may be pursued under the city administrative code enforcement program 1 . (Ord. 2005-13, 2005)