Lancaster City Zoning Code
ARTICLE 15
00 ENFORCEMENT, VIOLATIONS AND PENALTIES
§ 15.01 Enforcement.
(a)
This LDC shall be enforced by the Director of Community Development. No oversight or dereliction on the part of the Director of Community Development or on the part of any official or employee of the City shall legalize, authorize, or excuse the violation of any of the provisions of this LDC.
(b)
The Director of Community Development shall have the authority to immediately issue a stop work order if it is found that the applicant intentionally provided incorrect or inaccurate information in order to obtain a development review approval or factual circumstances demonstrate that development is occurring without the appropriate development review approval.
(Ordinance 2006-11-43, sec. 8 (14.1501), adopted 11/13/06)
§ 15.02 Violations.
(a)
Complaints.
Whenever a violation of this LDC occurs, or is alleged to have occurred, any person may file a complaint. A complaint may be filed in writing or orally, and may be submitted anonymously. Such complaint, stating fully the causes and basis of the complaint, shall be filed with the Director of Community Development. The Director of Community Development shall record properly such complaint, investigate within a reasonable time, take action as provided by this LDC and maintain as a public record the disposition made of the complaint.
(b)
Constitution of Violation.
Any of the following shall be a violation of this LDC and shall be subject to the enforcement remedies and penalties provided by this Article and by State law.
(i)
Development Without Permit.
To engage in any development, use, construction, remodeling or other activity of any nature upon land or improvements subject to the jurisdiction of this LDC without all required permits, certificates, or other forms of authorization as set forth in these regulations.
(ii)
Development Inconsistent with Permit.
To engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with any approved plan, permit, certificate or other form of authorization granted for such activity.
(iii)
Violation by Act or Omission.
To violate, by act or omission, any term, variance, modification, condition, stipulation or qualification placed by the City Council or its agent boards upon any required permit, certificate or other form of authorization for the use, development or other activity upon land or improvements.
(iv)
Use or Build in Violation.
To erect, construct, reconstruct, alter, repair, convert, maintain or use any building or structure or to use any land in violation or contravention of this LDC.
(c)
Parties in Violation.
The owner of any structure or land where anything in violation of this LDC is placed or used, and any architect, builder, contractor, agent or other person employed in connection with the owner, who may have assisted in the commission of any such violation, shall each be deemed guilty of a violation of this LDC.
(d)
Utility Connection.
The City shall not connect City utilities to any property in violation of this LDC until there is compliance with the provisions of this LDC.
(e)
Notice of Intent to Stop Work
(i)
Before issuance of a stop work order for a violating use or structure, the Director of Community Development may give notice of intent. The notice may specify a reasonable time for compliance with this LDC.
(ii)
If notice of intent is given, the stop work order shall not be issued before the time for compliance has expired.
(iii)
The Director of Community Development shall not be required to provide notice of intent to suspend or revoke for violations of this LDC that cause imminent destruction of property or personal injury.
(iv)
The Building Official may also act upon violations he or she otherwise becomes aware of during the normal performance of his or her duties.
(Ordinance 2006-11-43, sec. 8 (14.1502), adopted 11/13/06)
§ 15.03 Penalties.
(a)
Any person who violates any provision of this LDC within the City limits shall be guilty of a misdemeanor and upon conviction shall be fined not more than $2,000 for a violation of any provision governing the public health, safety or general welfare and shall be fined not more than $500 for any other violation.
(b)
Each day any violation continues shall constitute a separate and distinct offense. Assessment of the fine shall temporarily cease when the applicant submits a complete development review application to rectify the violation. No fine shall be assessed for the time period that the development review application is being reviewed.
(c)
Any person who violates any provision of this LDC within the ETJ of the City shall not be guilty of a misdemeanor. However, the City may institute any appropriate action or proceeding in a court of competent jurisdiction to enjoin the violation of this LDC.
(d)
The penalty for violation shall be cumulative of other remedies provided by State law and the power of injunction may be exercised in enforcing this LDC whether or not there has been a criminal complaint filed.
(e)
The City shall withhold development review processing for any applicant with an outstanding violation of this LDC unless the application is submitted in an effort to correct a violation.
(f)
Any person owning property that may be affected by a violation of this LDC may bring suit against the violating property owner in a court of competent jurisdiction.
(Ordinance 2006-11-43, sec. 8 (14.1503), adopted 11/13/06)