It is unlawful for any person, firm or corporation to erect, construct, reconstruct or structurally alter any building or structure within the city, or to use any building, structure or land within the city, or to cause or permit the same to be done, contrary to or in violation of this title.

(Ord. 99-8 § 1 (part): prior code § 17.30.010)

A.

Any person who violates any provision of this title shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than the fine set forth in Section 1.20.010(A), by imprisonment not to exceed one year, or by both such fine and imprisonment. Each separate act in violation of the provisions of this title, or each and every day or portion thereof during which any separate act in violation of this title is committed, continued, or permitted, shall be deemed a separate offense. The minimum fine of two hundred fifty dollars ($250.00) shall be mandatory and shall not be suspended in whole or part.

B.

The city attorney may immediately, upon a violation being called to his or her attention, institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove such violation.

C.

The imposition of any penalty hereunder shall not preclude the city or an affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this title, including injunctive relief.

D.

Any remedies provided for in this title shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. 03-2 § 7 (part): Ord. 99-8 § 1 (part): prior code § 17.30.020)

(Ord. No. 2014-2, § 8, 3-18-14)

A.

Any person(s) aggrieved by a violation or alleged violation of any provision of this title may file a written complaint with the planning commission, which shall promptly investigate such complaint and take the appropriate administrative and/or legal action, as prescribed in this title and as allowed by the laws of the state, to have the violation, if it is found to exist, removed and/or penalized.

B.

Whenever necessary to make an inspection to enforce any provisions of this title, or whenever city council, the planning commission, planning official or other designated enforcement official has reasonable cause to believe that a building, structure or parcel of land is being erected, constructed, reconstructed, altered or used in violation of the provisions of this title, the planning official or other designated enforcement official may enter such building, structure or land at all reasonable times to inspect the same or to perform any duty imposed upon them by this title; provided, that if such building, structure or land is occupied, they shall first present proper credentials and request entry from the owner or resident. If such entry is refused, the planning official or other designated enforcement official shall have recourse to every remedy provided by law to secure entry to include obtaining a proper search warrant if required by law.

C.

No owner, occupant or any other person having charge, care or control of any building, structure or land shall fail or neglect, after proper demand is made as herein provided to properly permit entry by city council, the planning commission, planning official or other designated enforcement official for the purpose of inspection and examination pursuant to this title. Any person convicted of violating this subsection shall be punished as provided in Chapter 1.20.

(Ord. 99-8 § 1 (part): prior code § 17.30.030)

City council and the planning official may enforce this title by withholding building permits and certificates of occupancy (see Section 17.04.090).

(Ord. 99-8 § 1 (part): prior code § 17.30.040)

A.

Whenever the planning official has knowledge of any violation of this title, the planning official shall give written notice to the violator to correct such violation within ten (10) days after the date of such notice. Should the violator fail to correct the violation within such ten (10) day period, the planning official may request the issuance of a summons and complaint to the violator in accordance with the applicable rules of procedure.

(Ord. 99-8 § 1 (part): prior code § 17.30.050)

A.

This title shall not be construed so as to hold the city responsible for any damages to persons or property resulting from any inspection herein authorized or resulting from any failure to so inspect, or resulting from the issuance or denial of a building permit as herein provided in this title or resulting from the institution of court action also herein set forth or the forbearance of the city to so proceed.

B.

Any city official, employee, consultant or contractor to the charged with the enforcement of this title, acting in good faith, without malice and in compliance with the provisions of this title, shall not thereby render themselves personally liable for any damages which may accrue to persons or property resulting from any such act or omission. Any suit or proceeding instituted against such officials or employees of the city which arises from any such act or omission occurring in the course and scope of such officials' or employees' duties as set forth in this title shall be defended by the city attorney until final determination of the proceedings.

C.

See also Section 17.04.080 which applies to all portions of this title.

(Ord. 99-8 § 1 (part): prior code § 17.30.060)