Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties provided by this Chapter and by State law:
Development or Use Without Permit or Approval: To engage in any development, use, construction, remodeling or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of the City without all of the required permits, approvals, certificates and other forms of authorization required by this Chapter in order to conduct or engage in such activity.
Development or Use Inconsistent with Permit or Approval: To engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.
Development or Use Inconsistent with Conditions: To violate, by act or omission, any term, condition or qualification placed by the City upon a required permit, certificate, rezoning, plan approval or other form of authorization granted by the City to allow the use, development or other activity upon land or improvements thereon.
Development or Use Inconsistent with Chapters: To erect, construct, reconstruct, remodel, alter, maintain, move or use any building, structure or sign or to use, alter or maintain any land in violation or contravention of any zoning, subdivision or general regulation of this Chapter or Chapter 4-2 and Chapter 4-3 of this Title or any amendment thereof.
Making Lot or Yard Nonconforming: To reduce or diminish any lot area so that the yards or open spaces shall be smaller than prescribed by these requirements or the final plat or plan.
Increasing Use Intensity: To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this Chapter.
Continuing Violation: To continue any of the above violations. Each day of a violation shall be considered a separate offense.
Removing, Defacing, Obscuring Notice: To remove, deface or obscure any sign required by this Chapter or otherwise interfere with any notice required by this Chapter.
Effective on: 1/1/1901
Section 4-1-L-2 ENFORCEMENT AND REMEDIES.
The City shall have the following remedies and enforcement powers:
Enforcement and Remedies; Withhold Permits or Approvals:
The City may deny or withhold all permits, certificates, plan or plat approvals or other forms of authorization relating to any land or structure or improvement thereon upon which there is an uncorrected code violation and with respect to which a notice of violation has been issued.
The City may deny or withhold any permits, certificates, plan or plat approvals or other forms of authorization relating to any land or structure or improvements thereon, if an uncorrected code violation exists at other properties owned or controlled by the same entity (e.g., person, partnership, corporation) and with respect to which a notice of violation have been issued, provided however, that such remedy is not available unless more than one such code violation is attributable to such entity.
Revoke Permits: When it shall appear to the Community Development Director or the Building Official 1) that there is departure from the plans, specifications or conditions as required under terms of the permit, plan or other approval, 2) that the same was procured by false representation or was issued by mistake, or 3) that any of the provisions of this Article are being violated, the Building Official may revoke a building permit or certificate of occupancy or initiate the revocation of any other permit or approval under subsection D of this Section. Written notice of such revocation or initiation shall be mailed by U.S. mail to the owner, his or her agent or contractor or upon any person employed on the building or structure for which such permit was issued or shall be posted in a prominent location and thereafter, no such construction shall proceed. Upon revocation of a building permit which was issued by mistake, the owner shall meet with the City to determine in what respect a mistake had been made. Where plans are in conflict with ordinances, regulations or requirements, the plans may be required to be altered to conform to all applicable ordinances, regulations or requirements. When a mistake has been made calculating the fee for a building permit, the proper fee will be charged.
Stop Work: With or without revoking permits, the City may stop work on any building or structure on any land on which it has a good faith belief that there is an uncorrected violation of a provision of this Chapter or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its Building Codes.*
Revoke Plan or Other Approvals: Where the violation of this Chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Governing Body shall, upon notice to the applicant and after a hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or such other conditions as the Governing Body may reasonably impose.
Injunctive Relief: The City may seek an injunction or other equitable relief to stop any violation of this Chapter or of a permit, certificate or other form of authorization granted hereunder.
Abatement: The City may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
Misdemeanor Penalties: The City may seek such criminal or civil penalties as are provided by Kansas law for violation of this Chapter or Chapter 4-2 and Chapter 4-3 of this Title. Criminal penalties shall not exceed those outlined in Section 1-1-C-3. For purposes of these penalties, each day's violation shall constitute a separate offense.
Other Remedies: The City shall have such other remedies as are and as may be, from time to time, provided by Kansas law for the violation of zoning, subdivision or related provisions of this City Code.
Cumulative: These remedies shall be cumulative.
Effective on: 1/1/1901
Section 4-1-L-3 ENFORCEMENT PROCEDURES.
Notice: When it is determined by the City that a person has taken action or though inaction has violated any terms of this Article, the City may give written notice of the nature of the violation to the owner, occupant, or agent of the property at the last known address. The contents of the notice shall give a description of the nature of the violation that would reasonably allow the property owner or other responsible person, representative or tenant to determine the nature of the violation to allow for self-abatement and said notice shall provide a timeframe in which the person may correct the violation before further enforcement action under Section 4-1-L-2 of this Article may be pursued. The notice shall be personally served or sent by certified mail, return receipt requested. Failure to sign for the certified mail or failure to pick up said notice from the post office shall not be deemed a lack of notice under this chapter where delivery was attempted and a record of this attempt was provided as required by procedures for restricted mail. Nothing herein shall require the City to issue a notice of violation prior to issuing a stop work order under Section 4-1-L-2-C.
Immediate Enforcement: If an authorized building official, public officer or the Community Development Director makes a reasonable determination that an emergency situation exists in violation of this Chapter, the City may immediately use the enforcement powers and remedies available to it under Section 4-1-L-2 of this Article, including, but not limited to, filing a complaint seeking criminal penalties in Municipal Court and no other notification procedures are required as a prerequisite to such action.
Effective on: 1/1/1901
Section 4-1-L-4 OTHER ENFORCEMENT POWERS AND ACTIONS.
Other Powers: In addition to the enforcement powers specified in this Article, the City may exercise any and all enforcement powers granted to it by Kansas law, as it may be amended from time to time.
Continuation: Nothing in this Chapter shall prohibit the continuation of previous enforcement actions undertaken pursuant to previous and valid resolutions, ordinances and laws.
Effective on: 1/1/1901
Lenexa City Zoning Code
ARTICLE 4
1-L VIOLATIONS AND ENFORCEMENT
Section 4-1-L-1 VIOLATIONS.
Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties provided by this Chapter and by State law:
Development or Use Without Permit or Approval: To engage in any development, use, construction, remodeling or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of the City without all of the required permits, approvals, certificates and other forms of authorization required by this Chapter in order to conduct or engage in such activity.
Development or Use Inconsistent with Permit or Approval: To engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.
Development or Use Inconsistent with Conditions: To violate, by act or omission, any term, condition or qualification placed by the City upon a required permit, certificate, rezoning, plan approval or other form of authorization granted by the City to allow the use, development or other activity upon land or improvements thereon.
Development or Use Inconsistent with Chapters: To erect, construct, reconstruct, remodel, alter, maintain, move or use any building, structure or sign or to use, alter or maintain any land in violation or contravention of any zoning, subdivision or general regulation of this Chapter or Chapter 4-2 and Chapter 4-3 of this Title or any amendment thereof.
Making Lot or Yard Nonconforming: To reduce or diminish any lot area so that the yards or open spaces shall be smaller than prescribed by these requirements or the final plat or plan.
Increasing Use Intensity: To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this Chapter.
Continuing Violation: To continue any of the above violations. Each day of a violation shall be considered a separate offense.
Removing, Defacing, Obscuring Notice: To remove, deface or obscure any sign required by this Chapter or otherwise interfere with any notice required by this Chapter.
Effective on: 1/1/1901
Section 4-1-L-2 ENFORCEMENT AND REMEDIES.
The City shall have the following remedies and enforcement powers:
Enforcement and Remedies; Withhold Permits or Approvals:
The City may deny or withhold all permits, certificates, plan or plat approvals or other forms of authorization relating to any land or structure or improvement thereon upon which there is an uncorrected code violation and with respect to which a notice of violation has been issued.
The City may deny or withhold any permits, certificates, plan or plat approvals or other forms of authorization relating to any land or structure or improvements thereon, if an uncorrected code violation exists at other properties owned or controlled by the same entity (e.g., person, partnership, corporation) and with respect to which a notice of violation have been issued, provided however, that such remedy is not available unless more than one such code violation is attributable to such entity.
Revoke Permits: When it shall appear to the Community Development Director or the Building Official 1) that there is departure from the plans, specifications or conditions as required under terms of the permit, plan or other approval, 2) that the same was procured by false representation or was issued by mistake, or 3) that any of the provisions of this Article are being violated, the Building Official may revoke a building permit or certificate of occupancy or initiate the revocation of any other permit or approval under subsection D of this Section. Written notice of such revocation or initiation shall be mailed by U.S. mail to the owner, his or her agent or contractor or upon any person employed on the building or structure for which such permit was issued or shall be posted in a prominent location and thereafter, no such construction shall proceed. Upon revocation of a building permit which was issued by mistake, the owner shall meet with the City to determine in what respect a mistake had been made. Where plans are in conflict with ordinances, regulations or requirements, the plans may be required to be altered to conform to all applicable ordinances, regulations or requirements. When a mistake has been made calculating the fee for a building permit, the proper fee will be charged.
Stop Work: With or without revoking permits, the City may stop work on any building or structure on any land on which it has a good faith belief that there is an uncorrected violation of a provision of this Chapter or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its Building Codes.*
Revoke Plan or Other Approvals: Where the violation of this Chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Governing Body shall, upon notice to the applicant and after a hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or such other conditions as the Governing Body may reasonably impose.
Injunctive Relief: The City may seek an injunction or other equitable relief to stop any violation of this Chapter or of a permit, certificate or other form of authorization granted hereunder.
Abatement: The City may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
Misdemeanor Penalties: The City may seek such criminal or civil penalties as are provided by Kansas law for violation of this Chapter or Chapter 4-2 and Chapter 4-3 of this Title. Criminal penalties shall not exceed those outlined in Section 1-1-C-3. For purposes of these penalties, each day's violation shall constitute a separate offense.
Other Remedies: The City shall have such other remedies as are and as may be, from time to time, provided by Kansas law for the violation of zoning, subdivision or related provisions of this City Code.
Cumulative: These remedies shall be cumulative.
Effective on: 1/1/1901
Section 4-1-L-3 ENFORCEMENT PROCEDURES.
Notice: When it is determined by the City that a person has taken action or though inaction has violated any terms of this Article, the City may give written notice of the nature of the violation to the owner, occupant, or agent of the property at the last known address. The contents of the notice shall give a description of the nature of the violation that would reasonably allow the property owner or other responsible person, representative or tenant to determine the nature of the violation to allow for self-abatement and said notice shall provide a timeframe in which the person may correct the violation before further enforcement action under Section 4-1-L-2 of this Article may be pursued. The notice shall be personally served or sent by certified mail, return receipt requested. Failure to sign for the certified mail or failure to pick up said notice from the post office shall not be deemed a lack of notice under this chapter where delivery was attempted and a record of this attempt was provided as required by procedures for restricted mail. Nothing herein shall require the City to issue a notice of violation prior to issuing a stop work order under Section 4-1-L-2-C.
Immediate Enforcement: If an authorized building official, public officer or the Community Development Director makes a reasonable determination that an emergency situation exists in violation of this Chapter, the City may immediately use the enforcement powers and remedies available to it under Section 4-1-L-2 of this Article, including, but not limited to, filing a complaint seeking criminal penalties in Municipal Court and no other notification procedures are required as a prerequisite to such action.
Effective on: 1/1/1901
Section 4-1-L-4 OTHER ENFORCEMENT POWERS AND ACTIONS.
Other Powers: In addition to the enforcement powers specified in this Article, the City may exercise any and all enforcement powers granted to it by Kansas law, as it may be amended from time to time.
Continuation: Nothing in this Chapter shall prohibit the continuation of previous enforcement actions undertaken pursuant to previous and valid resolutions, ordinances and laws.