In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, resolutions, deed restrictions, or covenants, the most restrictive or that imposing higher standards shall govern.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

It is unlawful to violate the provisions of this chapter or to fail to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, special exceptions or conditional uses. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000.00 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(b)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or if any building, structure or land is used in violation of this chapter, the mayor or city council, the building inspector, the zoning enforcement officer, the city engineer or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.

(b)

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the city manager or his designee shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except that, in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city manager or his designee may take any one or more of the following actions or impose any one or more of the following penalties.

(1)

Stop work order. The city manager or his designee may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation.

(2)

Withhold certificate of occupancy. The city manager or his designee may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(3)

Suspension, revocation or modification of permit. The city manager or his designee may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the city manager or designee may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(4)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city manager or his designee shall deem appropriate (except that, in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the city manager or designee has taken one or more of the actions described above, the city manager or his designee may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(5)

Criminal penalties. For intentional and flagrant violations of this chapter, the city manager or his designee may issue a citation to the applicant or other responsible person, requiring such person to appear in magistrate court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for six months, or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)