This article shall be administered, interpreted, and enforced by the director, who shall have the duties and authority with respect to this article as provided in the various articles and sections of this article and those necessarily implied by said provisions. Among the various duties, responsibilities, powers, and authority (not exhaustive or all-inclusive) the director is hereby authorized to:

1.

Serve the planning commission as the principal administrative agent and, if so appointed, serve as ex-officio secretary or record keeper of the planning commission.

2.

Review and recommend for initiation by the planning commission and/or city council, amendments to this article.

3.

Maintain as official public records all applications for rezoning, conditional use, variance, and any other applications required by or submitted pursuant to this article, and to serve as the official custodian of all zoning records of the city except those actions of the city council, in which cases the city clerk shall remain responsible.

4.

Maintain and update the official zoning map and interpret the boundaries thereof when unclear or questions arise subject to the provisions of Article 2 of this Zoning Ordinance.

5.

Issue official letters of zoning compliance and zoning district confirmation.

6.

Determine nonconforming situations, and exercise administrative flexibility in terms of correction of nonconforming situations pursuant to Article 9 of this Zoning Ordinance.

7.

Establish administrative application forms and guidelines, and waive or modify application requirements enumerated in this article, and establish other requirements for applications in addition to those enumerated in this article.

8.

Establish public hearing schedules and deadlines for the submission of applications required or authorized under the terms of this article.

9.

Prepare written reports and present orally reports and information to the planning commission and city council with regard to applications for amendments to the official zoning map, conditional uses, variances, and other applications requiring their consideration.

10.

Conduct inspections; to that end, the director shall be authorized to enter onto private property after first notifying the property owner of record and occupant if different from the owner, or as otherwise provided by a court of law.

11.

Authorize approval of building permits and certificates of occupancy, or withhold authorizing approval of building permits and certificates of occupancy by the building official if work or activity proposed is inconsistent with the requirements of this article or other code requirement of the city.

12.

Interpret and enforce the provisions of this article, subject only to provisions for the appeal of administrative decisions pursuant to this article.

13.

Exercise any other administrative and enforcement duties specifically assigned or which are reasonably implied within the duties and responsibilities of the director.

14.

Conduct inspections, issue and approve/disapprove building permits, issue and approve/disapprove certificates of occupancy, and exercise any other administrative and enforcement actions reasonably implied within the duties and responsibilities as director.

A code enforcement officer/building inspector shall be authorized to conduct investigations and execute enforcement actions when there is alleged to be a violation of any provision of this article.

1.

Notice and warning. If, through inspection, it is deemed that a person engaged in any activity inconsistent with the provisions of this article, with an approved plan or permit, or with conditions of a permit, a written notice to comply shall be served upon that person or posted upon the subject property. The notice shall set forth the measures necessary to achieve compliance and shall state the date upon which such measures must be completed. This written notice to comply shall serve as a written warning to the violator. If the person engaged in the unlawful activity fails to comply by the date specified, he or she shall be deemed in violation of this article.

2.

Stop work order. If the violation is not corrected within the time frame provided in the notice, the director shall issue a stop-work order requiring that such unlawful activities be stopped until necessary corrective action or mitigation has occurred. For a third and each subsequent violation, the enforcement agent shall issue an immediate stop-work order. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

3.

Service of notices, warnings, and stop work orders. Any notices, warnings and/or stop work orders shall be deemed served upon the posting of the same in the permit box, if any, at the location where the activity is or was taking place. It is the responsibility of the permittee to monitor and check the permit box for material issued pursuant to this ordinance. If the violation is by a tenant, person, corporation, firm, or other entity who is not the owner of record of the building, structure, or land, the director shall provide written notice, either personally or by mail, to the owner of record of such building, structure, or land, or by posting the subject property. If the owner of record or responsible party does not bring the use of the building, structure, or land into compliance within the time specified in the notice, warning, or stop work order, the owner or responsible party shall be considered to be in violation of the provisions of this article.

4.

Citation and/or injunction. If the violation is not corrected within the time frame provided in the notice, the director may issue a citation for violation of this article or other provision of this City Code, requiring the presence of the violator in the municipal court or other court with jurisdiction. The director may also institute an injunction, or institute other appropriate action or proceeding to prevent or abate such violation or to prevent the continuance of use or the occupancy of such building, structure, or land.

5.

Suspension or revocation of permit or other authorization. Any permit or authorization issued pursuant to this article may be suspended, revoked, or modified by the Zoning Ordinance, as to all or any portion of the land affected, upon finding that the holder or his successor in the title is not in compliance with the approved plan and/or permit or that the holder or his successor in title is in violation of this article, after being so notified as required by this section.

6.

Suspension or revocation of other approvals. As an additional remedy, the director, designee, or other enforcement office may refuse or deny all city permits, licenses, certificates, utility connection authorization, and applications to said owner or his agents until such violation is abated or corrected.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

Any person who violates any provisions of this article or any permit condition or limitation established pursuant to this article shall be liable for a civil penalty not to exceed $2,500.00 per day. Each day during which violation or failure or refusal to comply continues shall be a separate violation. Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this article may be sentenced to a period of confinement of up to 30 days.