Lincoln City City Zoning Code
CHAPTER 17
84 REMEDIES
§ 17.84.010 Failure to obtain permit.
Any person, firm, association or corporation, whether its principal, agent, employee or otherwise, who fails to obtain any permits required pursuant to this title shall be subject to a double permit fee, which fee may be imposed in addition to any other enforcement action taken to obtain compliance with the requirements of this title.
(Ord. 84-2 § 11.010; Ord. 92-3 § 5)
§ 17.84.020 Enforcement.
A.
Civil Infraction. Any person, firm, association or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this title or any order adopted pursuant to this title shall be punished under the provisions of Chapter 1.16 LCMC. Unless otherwise specified, any such violation is a Class B civil infraction. Each day that the violation of this title exists is deemed to be a separate offense.
B.
Notice of Violation.
1.
The building official, designee, or an authorized enforcement officer listed in or designated pursuant to LCMC § 1.16.030 (hereinafter "enforcement officer") may give written notice of any violation of this title to the party responsible for the violation.
2.
The party notified of the violation shall have 10 days to execute and deliver to the city an assurance of voluntary compliance. The assurance shall set forth what actions, if any, the party intends to take with respect to the alleged violation. If the enforcement officer is satisfied with the assurance of voluntary compliance, the assurance shall be submitted to the municipal court for approval, and if approved shall be filed with the clerk of the court as an order of the court.
3.
The enforcement officer may reject any assurance:
a.
Which does not provide for correction of the violation or removal of a noncomplying structure in a timely manner approved by the city; or
b.
Which does not provide for restitution in specific amounts to the city where there has been an ascertainable loss of money or property as a result of the alleged violation; or
c.
Which does not contain any provision, including but not limited to the keeping of records, which the enforcement officer reasonably believes necessary to ensure the continued cessation of the alleged violation.
4.
Violation of any terms of an assurance of voluntary compliance which has been approved and filed with the court shall constitute a contempt of court.
5.
The court shall not conduct a trial or hearing if the named violator in the notice of violation has timely filed an appeal to the city land use reviewing body with appropriate jurisdiction of any land use code interpretation by the planning director contained in the notice of violation letter. Upon exhaustion of the land use appeal process, or failure to timely file such appeal by the named violator, the court may proceed with adjudication of the offense. In proceeding with the case the court is bound to apply the final interpretation of the director or the appropriate appellate reviewing body. There can be no land use appeal based upon clear and objective standards or based upon a codified interpretation of a provision of the land use code (i.e., the council has defined a term which would otherwise involve the exercise of discretion).
C.
Filing of Complaint.
1.
After the expiration of 10 days from the date of notice given under subsection (B) of this section, the enforcement officer may bring action in the name of the city in the municipal court to restrain the violation or to seek daily imposition of fines and costs pursuant to Chapter 1.16 LCMC or both.
2.
If the delay caused by complying with the notice provisions of subsection (B) of this section would cause immediate harm to the public health, safety or welfare or to property, or if it is necessary to stop construction then underway, a stop work order may be issued and an action shall be immediately commenced under subsection (A) of this section.
3.
A temporary restraining order may be granted without prior notice to the party allegedly violating the provisions of this title, if the municipal court finds there is a threat of immediate harm to the public health, safety or welfare or to property. The court shall fix a time not to exceed 15 days after which the temporary restraining order shall expire by its terms, unless within the time fixed a hearing is held and for good cause shown the court extends the restraining order or provides for any other equitable relief.
D.
Tree Removal Infraction. Any person, firm, association, or corporation, whether as principal, agent, employee, or otherwise, who removes or destroys any trees without first having obtained a tree removal permit in accordance with LCMC § 17.52.220(F), when such a permit is required, or who violates any of the conditions of such a permit commits a civil infraction. Any such infraction shall be punished under the provisions of Chapter 1.16 LCMC as a tree removal infraction.
E.
Enforcement by the Police Department. The chief of police, his authorized representative and any sworn police officer shall have the power to enforce the provisions of this title.
(Ord. 84-2 § 11.020; Ord. 92-3 § 5; Ord. 92-25 § 1; Ord. 2015-10 §§ 5, 6; Ord. 2017-12 § 1)
§ 17.84.030 Remedial power of the court.
A.
The municipal court is empowered to hear and determine violations of this title. In addition to any other penalty provided by law, the court is empowered to issue any injunction, order or judgment necessary to enforce this title and to ensure cessation of the violation.
B.
The court may order the party violating the provisions of this title to reimburse the city for the full city costs, including any administrative costs, that result from the violation of any provision of this title, including any costs associated with abating the violation. The court may also order that the costs shall become a lien against the property unless paid within the time specified by the court.
C.
The municipal court may order a party who has been found guilty of a tree removal violation to replace or plant additional trees, taking into consideration the value of the lost trees. The tree or trees shall be of the variety so designated by the court, after receiving a recommendation from city personnel involved with tree protection or enforcement of the tree removal permit provisions of this title.
(Ord. 84-2 § 11.030; Ord. 92-3 § 5; Ord. 92-25 § 2; Ord. 2015-10 § 5)
§ 17.84.040 Certificates of occupancy.
It is unlawful to use or occupy any building or premises until a certificate of occupancy has been issued by the designated building official stating that the proposed use of the building or land conforms to the requirements of the Uniform Building Code, this title, and any other city conditions attached to the development or use of the building or land. The occupancy of a building without a certificate of occupancy may be punished under the provisions of Chapter 1.16 LCMC. Any such violation is a Class B violation. Each day that the violation of this section exists is deemed to be a separate offense.
(Ord. 84-2 § 11.040; Ord. 92-3 § 5; Ord. 2015-10 § 5)
§ 17.84.050 Inspections.
The building official or code enforcement officer or designee shall have the authority to make routine periodic inspections of property and premises, and inspect books and records required to be maintained by city code within the city limits to determine whether there is compliance with the laws, rules and regulations which are designed for the protection of the health, safety and welfare of the public, and to make such inspections upon receipt of complaints or specific or general information indicating the existence of hazardous conditions or noncompliance with such rules, regulations and laws. In the event that the building official or code enforcement officer or designee is denied access to any property or premises or denied inspection of books and records required to be maintained for the purposes of making an inspection provided for in this title or other provision of the municipal code, such officer or official shall not inspect such premises or records unless or until he or she has obtained from the municipal judge of the city a search warrant for the inspection of such premises or records.
(Ord. 84-2 § 11.050; Ord. 92-3 § 5; Ord. 2017-12 § 2)
§ 17.84.060 Search warrants.
The municipal court of the city shall have the power to issue search warrants under the terms of this title for the inspection of any property or premises within the city limits upon a showing of probable cause for such inspection supported by an affidavit stating the purpose and extent of the proposed inspection and citing the ordinance or ordinances which form the basis for inspection and whether it is a routine or periodic inspection or an inspection instituted by complaint or other specific or general information concerning the property or premises or the area in which it is situated. The search warrant issued by the court shall specify the purpose and extent of the inspection which is proposed to be made on the specific property or premises covered by such warrant. It shall be unlawful for any person, firm, corporation or association to hinder, delay or obstruct the inspection of premises based on a search warrant issued under the provisions of this title.
(Ord. 84-2 § 11.060; Ord. 92-3 § 5)
§ 17.84.070 Alternative remedy.
A.
In case a building or other structure is, or is proposed to be, located, constructed, maintained, repaired or used; or land is, or is proposed to be used in violation of this title, the building or land thus in violation shall constitute a nuisance. The city may, as an alternative to other remedies that are legally available for enforcing this title, institute a civil suit for an injunction, abatement or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate or remove the unlawful location, construction, maintenance, repair, alteration or use.
B.
If the city initiates and prevails in an action under subsection (A) of this section, the city shall be entitled to an assessment of its costs as provided in LCMC § 8.12.170 relating to nuisances. Such assessment will then become a lien against the property as provided in LCMC § 8.12.170.
(Ord. 84-2 § 11.070; Ord. 92-3 § 5)
