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Kellogg City Zoning Code

CHAPTER 12

ENFORCEMENT AND PENALTIES

11-12-1: ENFORCEMENT:

The Administrator or his designee is authorized to enforce the provisions of this title. It shall be deemed a violation of this title to construct any building, structure or improvement for the purpose of establishing any land use contrary to the requirements of this title, to violate any express prohibition or exceed any express limitation contained in the text or exhibits of this title or to use any land, building, or premises, contrary to the provisions of this title, contrary to the terms or conditions of a permit, variance or in a manner contrary to the terms and conditions established by the Planning and Zoning Commission, City Council or Administrator. Violations of this title are hereby declared to be unlawful and subject to the penalties established by this chapter and by other provisions of law. (Ord. 595, 6-13-2018)

11-12-2: PENALTIES:

Failure to comply with any provision or requirement of this title or terms or conditions of permits shall be deemed a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. In the discretion of the Administrator, any violation of this title may be charged as an infraction, subject to a fine alone in an amount not to exceed the limits established by State law. The Administrator may elect to pursue enforcement by filing criminal charges, pursuing enforcement by charging as infraction and/or by proceeding in any form of civil legal action related to any violation of this title deemed likely to achieve compliance. Each day a violation continues may be considered a separate offense. Any landowner, tenant, subdivider, or builder who commits, participates in, assists in or maintains such violation shall be guilty of a violation. Nothing contained in this title shall prevent any other public official or affected person from taking such lawful action as is necessary to restrain or prevent any violation of this title. (Ord. 595, 6-13-2018)

11-12-3: ABATEMENT PROCEEDINGS:

Agency legal counsel or their designee may commence action or proceedings for the abatement of any violation of this title as a nuisance in the manner provided by law, and may apply to such court or courts as may have jurisdiction to grant relief as to abate, terminate and remove unlawful uses, buildings or structures, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any building, structure, vehicle, or property contrary to the provisions of this title or to any permits or authorizations issued pursuant to this title.
(Ord. 595, 6-13-2018)