Jefferson City Zoning Code
CHAPTER 12
10 VIOLATIONS AND ENFORCEMENT
§ 12.10.010 Investigations.
Upon receiving information concerning a violation of this code, the development official may conduct, or cause to be conducted, an investigation determining whether a violation exists. The development official may request the assistance of other City departments and officers in the conduct of such investigations.
(Ord. 612 § 8, 2000)
§ 12.10.020 Notice of violation.
A.
Upon determination that a violation exists, the development official shall promptly give notice of the alleged violation to the owner of record as contained in the county assessor's files for tax purposes, and to the person in charge of the property.
B.
Such notice shall be sent by certified first class mail, return receipt requested, or personal service.
C.
Such a notice shall indicate the following:
1.
Location and nature of the violation; and
2.
Provision or provisions of this code which have been violated; and
3.
The date, time and location of the meeting at which the alleged violation will be considered by the Planning Commission; and
4.
Information on the procedures and sanctions authorized in this chapter.
D.
The date of the notice shall be the date of personal service of the notice, or, if notice is accomplished by first class mail, three days after mailing if the address to which it was mailed is within this state and seven days after mailing if the address to which it was mailed is outside the state.
E.
A defect in the notice of violation with respect to such matter shall not prevent enforcement of this code.
F.
If the violation involves an approval previously granted by the Planning Commission, the notice of violation may be sent to the property owners within the appropriate radius for that type of application.
(Ord. 612 § 8, 2000)
§ 12.10.040 Enforcement by development coordinator.
Upon a determination by the development coordinator that a violation of this code exists, the development official shall prepare and deliver to the city attorney a request for prosecution indicating the location and nature of the violation, the applicable code sections, the deadline set for compliance and other information from the investigation and the hearing. The city attorney shall proceed with any legal or equitable action deemed appropriate, as soon as the compliance deadline if any has expired, unless:
A.
It has been demonstrated to the city attorney that the violation has been corrected, removed, or will not be committed; or
B.
A court of competent jurisdiction has halted enforcement pending the outcome of a proceeding before it concerning the violation; or
(Ord. 612 § 8, 2000)
§ 12.10.050 Sanctions.
A violation of this code may be the subject of criminal, civil, or other sanctions as set out below and as authorized under the ordinances of the City of Jefferson. Imposition of any one sanction shall not be a bar to imposition of additional sanctions.
B.
Any violation of this code constitutes a public nuisance and may be abated as provided in Chapter 5.04.
C.
Any violation of this code may be subject to a civil action for any appropriate remedy issuing from a court of competent jurisdiction, including mandatory and prohibitory injunctions and orders of abatement.
D.
A development approval previously granted under this code may be revoked upon a determination that a violation of a condition of approval exists. A revocation shall be processed using the same process for notice, hearings, decision and appeals that would apply to a new application of the same type as the previously granted development approval.
(Ord. 612 § 8, 2000)