Littleton City Zoning Code

CHAPTER 11

ENFORCEMENT, VIOLATIONS, AND REMEDIES

Section 10-11-1.1 Purpose

This Chapter establishes the procedures that the Director may use to ensure compliance with the provisions of this Code and to correct violations and the penalties for violations. The provisions of this Chapter are intended to encourage the voluntary correction of violations

Effective on: 10/28/2021

Section 10-11-1.2 Applicability

Enforcement of this Code. This Chapter provides general processes to enforce this Code and is not intended to:

1.
Remedy or Enforcement. Prescribe any particular remedy or enforcement procedure; or
2.
Potential Action. Bar any potential action by the City Attorney to enforce any legitimate action provided by this Code.

Compliance Required. No person may construct any building or structure upon a property subdivided or sold in violation of the provisions of this Code. Any building permit issued for the construction of any building or structure on a property that has been subdivided or sold in violation of this Code is invalid.

Violations Defined. Any of the following are considered unlawful and a violation of this Code, and are subject to the enforcement remedies of this Code:

1.
Development or Use Without, or Inconsistent with, a Permit or Approval. Any activity that is not authorized by or is inconsistent with all of the permits, approvals, certificates, and authorizations this Code requires, as set out in CHAPTER 9, Administration;
2.
Development or Use Inconsistent with this Code. Any activity that is inconsistent with any applicable zoning, subdivision, or general regulation of this Code, unless this Code expressly provides an exception;
3.
Development or Use Inconsistent with Conditions. Any activity that violates, by act or omission, any term, condition, or qualification the city places upon a required permit, certificate, rezoning, plan approval, or other forms of authorization that the city granted to allow the use, development, or other activity upon land or improvements of land;
4.
Making a Lot or Yard Nonconforming. Any activity that reduces any lot area so that the yards or open spaces are smaller than that required by this Code, a Final Plat, Site Plan, or Master Development Plan, except in accordance with the procedural and substantive requirements of this Code;
5.
Increasing Use Intensity. Any activity that increases the intensity or density of use of any land or structure, except in accordance with the procedural and substantive requirements of this Code;
6.
Removing, Defacing, or Obscuring Notice. Any activity that removes, defaces, obscures, or interferes with any sign or notice required by this Code; and
7.
Subdivision Violation. Any activity that conveys, transfers, or sells any land by reference to, exhibition of, or by other uses of a plat of a subdivision before the plat has been approved as provided in Article 10-9-7, Subdivisions and Vacations.

Effective on: 10/28/2021

Section 10-11-2.1 Procedures

Generally.

1.
Written Notice. Written notice may be issued by the Director to notify a property owner of a violation of this Code and the actions that must be taken to bring the land or structure use into compliance. Subject to the limitations of this Subsection, and at the discretion of the Director, notices are the preferred method of assuring compliance with this Code.
2.
Summons Authority.
1. a.
  Court Summons. The Director or the Director's designee has the authority to issue and deliver summons to a person believed to be committing a violation of this Code; and
2. b.
  Duties. The Director is declared to be the official with the duty of enforcing this Code with respect to:
  1. 1.
    Appearing and testifying in any trial held with respect to the summons;
  2. 2.
    Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred;
  3. 3.
    Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
  4. 4.
    Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.

Contents. Written notices shall include:

1.
Address. The address of the lot where the violation is alleged;
2.
Code Sections. Specific reference to the section(s) of this Code and/or the conditions of a development approval which are alleged to have been violated;
3.
Required Actions. A statement of the action that must be taken to bring the lot or use into compliance with this Code;
4.
Time Frame. A time frame, not to exceed 14 days, for bringing the lot or use into compliance with this Code. The Director may grant an extension if the property owner is diligently working towards compliance with this Code. Persons with a cumulative total of more than three violations are not eligible for a time extension;
5.
Consequences. A statement that if the lot is not brought into compliance within the stated time frame, a summons will be issued; and
6.
Contact Information. Contact information for a person or department who can answer questions about the warning.

Notification Limitations. The Director shall not be required to issue written notice and may continue the enforcement process to judicial and non-judicial remedies if:

1.
During the previous 24 months, the property owner has been warned of, or summoned to court for the same violation; or
2.
The violation is likely to create an imminent hazard to life or property.

Continuation of Prior Enforcement Actions. Nothing in this Section shall prohibit the continuation of previous enforcement actions undertaken by the city pursuant to regulations in effect before the effective date of this Code. Enforcement actions initiated before the effective date of this Code may be continued to completion or settlement under the terms of the ordinance(s) in effect prior to the effective date of this Code.

Effective on: 10/28/2021

Section 10-11-2.2 Remedies

Non-Judicial Remedies. The Director or the Director's designee may enforce any violation of this Code prior to and without judicial process by:

1.
Withholding Permits. The Director or another administrative official (Chief Building Official, City Engineer, or Floodplain Administrator) may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of this Code or those of a referral agency.
2.
Temporary Revocation of Permits. The Director or another administrative official may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.
3.
Suspension of Permits. The Director or another administrative official may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.
4.
Revocation of Permits and Approvals.
1. a.
  Generally. The Director or another administrative official may revoke a development approval that they approved if they find that:
  1. 1.
    There is a violation of any provision of this Code;
  2. 2.
    The development approval was issued in error or based on false representation;
  3. 3.
    Upon the request of an outside agency with jurisdiction and due cause; or
  4. 4.
    There is a departure from the approved plans required under the permit, this Code, or the city's construction requirements.
2. b.
  Notice. Written notice of revocation shall state a time frame to correct the violation.
3. c.
  Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
4. d.
  Failure to Correct. If the period to correct the violation lapses and arrangements acceptable to the administrative official that revoked the approval have not been made, the Director may:
  1. 1.
    File litigation in a court of competent jurisdiction; or
  2. 2.
    Remove or correct such violation and place a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
5.
Stopping Work. The Director or another administrative official shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this Code by issuing a written stop-work order.
6.
Cease and Desist Orders. The City may issue a cease-and-desist order to close unlawful uses or to halt a violation of this Code.

Judicial Remedies. The City Attorney may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this Code in any court of competent jurisdiction:

1.
Injunctive Relief. The City Attorney may seek an injunction to stop any violating activity under this Code. Such relief may include revocation or termination of development approvals. In any court proceedings in which the City Attorney seeks a preliminary injunction, it shall be presumed that a violation of this Code is or may be an injury to the public health, safety, or general welfare or that public health, safety, or general welfare may be irreparably injured.
2.
Abatement. The City Attorney may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to a violation.
3.
Criminal Liability.
1. a.
  Penalty. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this Code may be punished by fines and/or imprisonment, as prescribed by law, for each week or portion of a week, that the violation or noncompliance has continued.
2. b.
  Responsible Parties. Every person concerned in the violation of, or showing failure to comply with, this Code, whether the person directly commits the act, or aids or abets the same, and whether present or absent, shall be proceeded against and held as a violator.

Effective on: 10/28/2021

Section 10-11-2.3 Penalties and Fines

Generally. Except as further specified for Designated Landmarks and Historic District, below, violators of this Code are subject to the penalties of Title 1, Chapter 4, General Penalty, of the City Code.

Designated Landmarks and Historic Districts. A violation of CHAPTER 8, Historic Preservation, shall be punishable and may be subject to the following additional penalties:

1.
External Modifications. If any Landmark or Contributing Property within a Historic District is externally reconstructed, externally altered, added to, relocated, or demolished in violation of this Code and without receiving a Certificate of Appropriateness, the Board may order any property to be returned to its condition prior to such unlawful construction, reconstruction, relocation, exterior alteration, addition, or demolition. This may specifically include ordering the reconstruction of a property that was demolished to replicate as closely as possible the original property.
2.
Erection of Construction. If any building, structure, or object is erected or constructed on a Landmark or Contributing Property within a Historic District without receiving a Certificate of Appropriateness, the Board may order any such building, structure, or object to be removed or deconstructed.
3.
Alterations. Alterations to a Landmark or Historic District without an approved Certificate of Appropriateness shall result in a one-year moratorium on all building permits for the subject property.
4.
Relocation or Demolition. Relocating or demolishing a Landmark or Property within a Historic District without an approved Certificate of Appropriateness shall result in a five-year moratorium on all relocation, demolition, or building permits for such Property and/or its original location.
5.
Administrative Citation. If any Landmark or property within a Historic District is externally reconstructed, externally altered, added to, relocated, or demolished in violation of this Code or if any building, structure, or object is erected or constructed on a Landmark or Property within a Historic District, the city may issue an administrative citation.
1. a.
  Administrative citations for violations of this Code shall be issued only after the responsible party has received notice of violation and time to comply, unless, because of the nature of the offense, immediate compliance is required; further, any appeal process shall be completed prior to issuance of an administrative citation.
2. b.
  Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate citation may be issued. However, unless the city determines that continued violations will cause immediate peril to life or property or the offense is one that, because of the nature of the offense, requires immediate compliance, once a citation has been issued for a violation of this ordinance, no additional citation shall be issued for the same violation for 10 days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the administrative hearing.
3. c.
  If the responsible party fails to correct the violation cited, commits the same violation again, or fails to correct a violation as specified in accordance with an administrative enforcement order, subsequent administrative citations may be issued for violations of the same Code section. The penalties assessed for each administrative citation issued for violations of the same Code section or sections shall not exceed the following amounts regardless of the number of violations per citation:
  1. 1.
    First administrative citation: $150.00
  2. 2.
    Second administrative citation: $500.00
  3. 3.
    Third and each subsequent administrative citation: $999.00.
4. d.
  Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
5. e.
  If an administrative hearing was held, the failure of any responsible party to pay the civil penalties assessed by an administrative citation within the time specified on the citation or administrative enforcement order may result in the imposition of a late fee of up to $25.00 and interest at a rate of 10 percent per annum.
6. f.
  The city shall record a notice with the City Clerk and County Recorder of a lien against the property in violation. The lien created hereby shall be automatically perfected and prior to all other liens, regardless of their dates of recordation, except liens for general taxes and prior special assessments.

Effective on: 10/28/2021

Littleton City Zoning Code

CHAPTER 11

ENFORCEMENT, VIOLATIONS, AND REMEDIES

Section 10-11-1.1 Purpose

Effective on: 10/28/2021

Section 10-11-1.2 Applicability

Enforcement of this Code. This Chapter provides general processes to enforce this Code and is not intended to:

1.
Remedy or Enforcement. Prescribe any particular remedy or enforcement procedure; or
2.
Potential Action. Bar any potential action by the City Attorney to enforce any legitimate action provided by this Code.

Violations Defined. Any of the following are considered unlawful and a violation of this Code, and are subject to the enforcement remedies of this Code:

1.
Development or Use Without, or Inconsistent with, a Permit or Approval. Any activity that is not authorized by or is inconsistent with all of the permits, approvals, certificates, and authorizations this Code requires, as set out in CHAPTER 9, Administration;
2.
Development or Use Inconsistent with this Code. Any activity that is inconsistent with any applicable zoning, subdivision, or general regulation of this Code, unless this Code expressly provides an exception;
3.
Development or Use Inconsistent with Conditions. Any activity that violates, by act or omission, any term, condition, or qualification the city places upon a required permit, certificate, rezoning, plan approval, or other forms of authorization that the city granted to allow the use, development, or other activity upon land or improvements of land;
4.
Making a Lot or Yard Nonconforming. Any activity that reduces any lot area so that the yards or open spaces are smaller than that required by this Code, a Final Plat, Site Plan, or Master Development Plan, except in accordance with the procedural and substantive requirements of this Code;
5.
Increasing Use Intensity. Any activity that increases the intensity or density of use of any land or structure, except in accordance with the procedural and substantive requirements of this Code;
6.
Removing, Defacing, or Obscuring Notice. Any activity that removes, defaces, obscures, or interferes with any sign or notice required by this Code; and
7.
Subdivision Violation. Any activity that conveys, transfers, or sells any land by reference to, exhibition of, or by other uses of a plat of a subdivision before the plat has been approved as provided in Article 10-9-7, Subdivisions and Vacations.

Effective on: 10/28/2021

Section 10-11-2.1 Procedures

Generally.

1.
Written Notice. Written notice may be issued by the Director to notify a property owner of a violation of this Code and the actions that must be taken to bring the land or structure use into compliance. Subject to the limitations of this Subsection, and at the discretion of the Director, notices are the preferred method of assuring compliance with this Code.
2.
Summons Authority.
1. a.
  Court Summons. The Director or the Director's designee has the authority to issue and deliver summons to a person believed to be committing a violation of this Code; and
2. b.
  Duties. The Director is declared to be the official with the duty of enforcing this Code with respect to:
  1. 1.
    Appearing and testifying in any trial held with respect to the summons;
  2. 2.
    Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred;
  3. 3.
    Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
  4. 4.
    Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.

Contents. Written notices shall include:

1.
Address. The address of the lot where the violation is alleged;
2.
Code Sections. Specific reference to the section(s) of this Code and/or the conditions of a development approval which are alleged to have been violated;
3.
Required Actions. A statement of the action that must be taken to bring the lot or use into compliance with this Code;
4.
Time Frame. A time frame, not to exceed 14 days, for bringing the lot or use into compliance with this Code. The Director may grant an extension if the property owner is diligently working towards compliance with this Code. Persons with a cumulative total of more than three violations are not eligible for a time extension;
5.
Consequences. A statement that if the lot is not brought into compliance within the stated time frame, a summons will be issued; and
6.
Contact Information. Contact information for a person or department who can answer questions about the warning.

Notification Limitations. The Director shall not be required to issue written notice and may continue the enforcement process to judicial and non-judicial remedies if:

1.
During the previous 24 months, the property owner has been warned of, or summoned to court for the same violation; or
2.
The violation is likely to create an imminent hazard to life or property.

Effective on: 10/28/2021

Section 10-11-2.2 Remedies

Non-Judicial Remedies. The Director or the Director's designee may enforce any violation of this Code prior to and without judicial process by:

1.
Withholding Permits. The Director or another administrative official (Chief Building Official, City Engineer, or Floodplain Administrator) may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of this Code or those of a referral agency.
2.
Temporary Revocation of Permits. The Director or another administrative official may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.
3.
Suspension of Permits. The Director or another administrative official may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.
4.
Revocation of Permits and Approvals.
1. a.
  Generally. The Director or another administrative official may revoke a development approval that they approved if they find that:
  1. 1.
    There is a violation of any provision of this Code;
  2. 2.
    The development approval was issued in error or based on false representation;
  3. 3.
    Upon the request of an outside agency with jurisdiction and due cause; or
  4. 4.
    There is a departure from the approved plans required under the permit, this Code, or the city's construction requirements.
2. b.
  Notice. Written notice of revocation shall state a time frame to correct the violation.
3. c.
  Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
4. d.
  Failure to Correct. If the period to correct the violation lapses and arrangements acceptable to the administrative official that revoked the approval have not been made, the Director may:
  1. 1.
    File litigation in a court of competent jurisdiction; or
  2. 2.
    Remove or correct such violation and place a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
5.
Stopping Work. The Director or another administrative official shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this Code by issuing a written stop-work order.
6.
Cease and Desist Orders. The City may issue a cease-and-desist order to close unlawful uses or to halt a violation of this Code.

Judicial Remedies. The City Attorney may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this Code in any court of competent jurisdiction:

1.
Injunctive Relief. The City Attorney may seek an injunction to stop any violating activity under this Code. Such relief may include revocation or termination of development approvals. In any court proceedings in which the City Attorney seeks a preliminary injunction, it shall be presumed that a violation of this Code is or may be an injury to the public health, safety, or general welfare or that public health, safety, or general welfare may be irreparably injured.
2.
Abatement. The City Attorney may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to a violation.
3.
Criminal Liability.
1. a.
  Penalty. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this Code may be punished by fines and/or imprisonment, as prescribed by law, for each week or portion of a week, that the violation or noncompliance has continued.
2. b.
  Responsible Parties. Every person concerned in the violation of, or showing failure to comply with, this Code, whether the person directly commits the act, or aids or abets the same, and whether present or absent, shall be proceeded against and held as a violator.

Effective on: 10/28/2021

Section 10-11-2.3 Penalties and Fines

Designated Landmarks and Historic Districts. A violation of CHAPTER 8, Historic Preservation, shall be punishable and may be subject to the following additional penalties:

1.
External Modifications. If any Landmark or Contributing Property within a Historic District is externally reconstructed, externally altered, added to, relocated, or demolished in violation of this Code and without receiving a Certificate of Appropriateness, the Board may order any property to be returned to its condition prior to such unlawful construction, reconstruction, relocation, exterior alteration, addition, or demolition. This may specifically include ordering the reconstruction of a property that was demolished to replicate as closely as possible the original property.
2.
Erection of Construction. If any building, structure, or object is erected or constructed on a Landmark or Contributing Property within a Historic District without receiving a Certificate of Appropriateness, the Board may order any such building, structure, or object to be removed or deconstructed.
3.
Alterations. Alterations to a Landmark or Historic District without an approved Certificate of Appropriateness shall result in a one-year moratorium on all building permits for the subject property.
4.
Relocation or Demolition. Relocating or demolishing a Landmark or Property within a Historic District without an approved Certificate of Appropriateness shall result in a five-year moratorium on all relocation, demolition, or building permits for such Property and/or its original location.
5.
Administrative Citation. If any Landmark or property within a Historic District is externally reconstructed, externally altered, added to, relocated, or demolished in violation of this Code or if any building, structure, or object is erected or constructed on a Landmark or Property within a Historic District, the city may issue an administrative citation.
1. a.
  Administrative citations for violations of this Code shall be issued only after the responsible party has received notice of violation and time to comply, unless, because of the nature of the offense, immediate compliance is required; further, any appeal process shall be completed prior to issuance of an administrative citation.
2. b.
  Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate citation may be issued. However, unless the city determines that continued violations will cause immediate peril to life or property or the offense is one that, because of the nature of the offense, requires immediate compliance, once a citation has been issued for a violation of this ordinance, no additional citation shall be issued for the same violation for 10 days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the administrative hearing.
3. c.
  If the responsible party fails to correct the violation cited, commits the same violation again, or fails to correct a violation as specified in accordance with an administrative enforcement order, subsequent administrative citations may be issued for violations of the same Code section. The penalties assessed for each administrative citation issued for violations of the same Code section or sections shall not exceed the following amounts regardless of the number of violations per citation:
  1. 1.
    First administrative citation: $150.00
  2. 2.
    Second administrative citation: $500.00
  3. 3.
    Third and each subsequent administrative citation: $999.00.
4. d.
  Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
5. e.
  If an administrative hearing was held, the failure of any responsible party to pay the civil penalties assessed by an administrative citation within the time specified on the citation or administrative enforcement order may result in the imposition of a late fee of up to $25.00 and interest at a rate of 10 percent per annum.
6. f.
  The city shall record a notice with the City Clerk and County Recorder of a lien against the property in violation. The lien created hereby shall be automatically perfected and prior to all other liens, regardless of their dates of recordation, except liens for general taxes and prior special assessments.

Effective on: 10/28/2021

Littleton City Zoning Code

CHAPTER 11

ENFORCEMENT, VIOLATIONS, AND REMEDIES

Section 10-11-1.1 Purpose

Effective on: 10/28/2021

Section 10-11-1.2 Applicability

Enforcement of this Code. This Chapter provides general processes to enforce this Code and is not intended to:

1.
Remedy or Enforcement. Prescribe any particular remedy or enforcement procedure; or
2.
Potential Action. Bar any potential action by the City Attorney to enforce any legitimate action provided by this Code.

Violations Defined. Any of the following are considered unlawful and a violation of this Code, and are subject to the enforcement remedies of this Code:

1.
Development or Use Without, or Inconsistent with, a Permit or Approval. Any activity that is not authorized by or is inconsistent with all of the permits, approvals, certificates, and authorizations this Code requires, as set out in CHAPTER 9, Administration;
2.
Development or Use Inconsistent with this Code. Any activity that is inconsistent with any applicable zoning, subdivision, or general regulation of this Code, unless this Code expressly provides an exception;
3.
Development or Use Inconsistent with Conditions. Any activity that violates, by act or omission, any term, condition, or qualification the city places upon a required permit, certificate, rezoning, plan approval, or other forms of authorization that the city granted to allow the use, development, or other activity upon land or improvements of land;
4.
Making a Lot or Yard Nonconforming. Any activity that reduces any lot area so that the yards or open spaces are smaller than that required by this Code, a Final Plat, Site Plan, or Master Development Plan, except in accordance with the procedural and substantive requirements of this Code;
5.
Increasing Use Intensity. Any activity that increases the intensity or density of use of any land or structure, except in accordance with the procedural and substantive requirements of this Code;
6.
Removing, Defacing, or Obscuring Notice. Any activity that removes, defaces, obscures, or interferes with any sign or notice required by this Code; and
7.
Subdivision Violation. Any activity that conveys, transfers, or sells any land by reference to, exhibition of, or by other uses of a plat of a subdivision before the plat has been approved as provided in Article 10-9-7, Subdivisions and Vacations.

Effective on: 10/28/2021

Section 10-11-2.1 Procedures

Generally.

1.
Written Notice. Written notice may be issued by the Director to notify a property owner of a violation of this Code and the actions that must be taken to bring the land or structure use into compliance. Subject to the limitations of this Subsection, and at the discretion of the Director, notices are the preferred method of assuring compliance with this Code.
2.
Summons Authority.
1. a.
  Court Summons. The Director or the Director's designee has the authority to issue and deliver summons to a person believed to be committing a violation of this Code; and
2. b.
  Duties. The Director is declared to be the official with the duty of enforcing this Code with respect to:
  1. 1.
    Appearing and testifying in any trial held with respect to the summons;
  2. 2.
    Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred;
  3. 3.
    Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
  4. 4.
    Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.

Contents. Written notices shall include:

1.
Address. The address of the lot where the violation is alleged;
2.
Code Sections. Specific reference to the section(s) of this Code and/or the conditions of a development approval which are alleged to have been violated;
3.
Required Actions. A statement of the action that must be taken to bring the lot or use into compliance with this Code;
4.
Time Frame. A time frame, not to exceed 14 days, for bringing the lot or use into compliance with this Code. The Director may grant an extension if the property owner is diligently working towards compliance with this Code. Persons with a cumulative total of more than three violations are not eligible for a time extension;
5.
Consequences. A statement that if the lot is not brought into compliance within the stated time frame, a summons will be issued; and
6.
Contact Information. Contact information for a person or department who can answer questions about the warning.

Notification Limitations. The Director shall not be required to issue written notice and may continue the enforcement process to judicial and non-judicial remedies if:

1.
During the previous 24 months, the property owner has been warned of, or summoned to court for the same violation; or
2.
The violation is likely to create an imminent hazard to life or property.

Effective on: 10/28/2021

Section 10-11-2.2 Remedies

Non-Judicial Remedies. The Director or the Director's designee may enforce any violation of this Code prior to and without judicial process by:

1.
Withholding Permits. The Director or another administrative official (Chief Building Official, City Engineer, or Floodplain Administrator) may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of this Code or those of a referral agency.
2.
Temporary Revocation of Permits. The Director or another administrative official may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.
3.
Suspension of Permits. The Director or another administrative official may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.
4.
Revocation of Permits and Approvals.
1. a.
  Generally. The Director or another administrative official may revoke a development approval that they approved if they find that:
  1. 1.
    There is a violation of any provision of this Code;
  2. 2.
    The development approval was issued in error or based on false representation;
  3. 3.
    Upon the request of an outside agency with jurisdiction and due cause; or
  4. 4.
    There is a departure from the approved plans required under the permit, this Code, or the city's construction requirements.
2. b.
  Notice. Written notice of revocation shall state a time frame to correct the violation.
3. c.
  Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
4. d.
  Failure to Correct. If the period to correct the violation lapses and arrangements acceptable to the administrative official that revoked the approval have not been made, the Director may:
  1. 1.
    File litigation in a court of competent jurisdiction; or
  2. 2.
    Remove or correct such violation and place a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
5.
Stopping Work. The Director or another administrative official shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this Code by issuing a written stop-work order.
6.
Cease and Desist Orders. The City may issue a cease-and-desist order to close unlawful uses or to halt a violation of this Code.

Judicial Remedies. The City Attorney may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this Code in any court of competent jurisdiction:

1.
Injunctive Relief. The City Attorney may seek an injunction to stop any violating activity under this Code. Such relief may include revocation or termination of development approvals. In any court proceedings in which the City Attorney seeks a preliminary injunction, it shall be presumed that a violation of this Code is or may be an injury to the public health, safety, or general welfare or that public health, safety, or general welfare may be irreparably injured.
2.
Abatement. The City Attorney may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to a violation.
3.
Criminal Liability.
1. a.
  Penalty. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this Code may be punished by fines and/or imprisonment, as prescribed by law, for each week or portion of a week, that the violation or noncompliance has continued.
2. b.
  Responsible Parties. Every person concerned in the violation of, or showing failure to comply with, this Code, whether the person directly commits the act, or aids or abets the same, and whether present or absent, shall be proceeded against and held as a violator.

Effective on: 10/28/2021

Section 10-11-2.3 Penalties and Fines

Designated Landmarks and Historic Districts. A violation of CHAPTER 8, Historic Preservation, shall be punishable and may be subject to the following additional penalties:

1.
External Modifications. If any Landmark or Contributing Property within a Historic District is externally reconstructed, externally altered, added to, relocated, or demolished in violation of this Code and without receiving a Certificate of Appropriateness, the Board may order any property to be returned to its condition prior to such unlawful construction, reconstruction, relocation, exterior alteration, addition, or demolition. This may specifically include ordering the reconstruction of a property that was demolished to replicate as closely as possible the original property.
2.
Erection of Construction. If any building, structure, or object is erected or constructed on a Landmark or Contributing Property within a Historic District without receiving a Certificate of Appropriateness, the Board may order any such building, structure, or object to be removed or deconstructed.
3.
Alterations. Alterations to a Landmark or Historic District without an approved Certificate of Appropriateness shall result in a one-year moratorium on all building permits for the subject property.
4.
Relocation or Demolition. Relocating or demolishing a Landmark or Property within a Historic District without an approved Certificate of Appropriateness shall result in a five-year moratorium on all relocation, demolition, or building permits for such Property and/or its original location.
5.
Administrative Citation. If any Landmark or property within a Historic District is externally reconstructed, externally altered, added to, relocated, or demolished in violation of this Code or if any building, structure, or object is erected or constructed on a Landmark or Property within a Historic District, the city may issue an administrative citation.
1. a.
  Administrative citations for violations of this Code shall be issued only after the responsible party has received notice of violation and time to comply, unless, because of the nature of the offense, immediate compliance is required; further, any appeal process shall be completed prior to issuance of an administrative citation.
2. b.
  Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate citation may be issued. However, unless the city determines that continued violations will cause immediate peril to life or property or the offense is one that, because of the nature of the offense, requires immediate compliance, once a citation has been issued for a violation of this ordinance, no additional citation shall be issued for the same violation for 10 days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the administrative hearing.
3. c.
  If the responsible party fails to correct the violation cited, commits the same violation again, or fails to correct a violation as specified in accordance with an administrative enforcement order, subsequent administrative citations may be issued for violations of the same Code section. The penalties assessed for each administrative citation issued for violations of the same Code section or sections shall not exceed the following amounts regardless of the number of violations per citation:
  1. 1.
    First administrative citation: $150.00
  2. 2.
    Second administrative citation: $500.00
  3. 3.
    Third and each subsequent administrative citation: $999.00.
4. d.
  Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
5. e.
  If an administrative hearing was held, the failure of any responsible party to pay the civil penalties assessed by an administrative citation within the time specified on the citation or administrative enforcement order may result in the imposition of a late fee of up to $25.00 and interest at a rate of 10 percent per annum.
6. f.
  The city shall record a notice with the City Clerk and County Recorder of a lien against the property in violation. The lien created hereby shall be automatically perfected and prior to all other liens, regardless of their dates of recordation, except liens for general taxes and prior special assessments.

Effective on: 10/28/2021