The director shall be primarily responsible for enforcing the provisions of this development code.

(Code 2009, § 15.09.010)

Upon presentation of proper credentials, the director may enter any building, structure, real property, or premises to ensure compliance with this development code. Officials shall conduct such inspections during normal business hours unless the director determines there is an emergency. Without consent of the property owner or other legal authority, city officials shall enter private property only under a warrant or other authorization from a court of competent jurisdiction.

(Code 2009, § 15.09.020)

It is unlawful for any person to violate any provision of this development code. Any development, use, subdivision, or activity on or involving any property or tract of land that is not in compliance with this development code is in violation of this development code. Additionally, each of the following constitutes a violation of this development code:

1.

To engage in development, subdivision, land use, or any activity in any way that does not comply with the procedures and standards of this development code;

2.

To transfer title to any lot, tract, or land parcel before a subdivision plat, if required under this development code, has been approved and the approved plat has been filed with the county clerk and recorder;

3.

To submit for recording with the county clerk and recorder any subdivision plat that has not been approved in accordance with the requirements of this development code;

4.

To engage in the use of a building or land, the subdivision or development of land or any other activity requiring one or more approvals under this development code without first obtaining all required approvals;

5.

To violate the terms of any approval granted under this development code or of any condition imposed on such approval;

6.

To obscure, remove, damage, or obstruct any notice required to be posted or otherwise given under this development code; or

7.

To violate any lawful order issued by the city under this development code.

(Code 2009, § 15.09.030)

Each day that a violation occurs or remains uncorrected shall constitute a separate offense and violation of this development code.

(Code 2009, § 15.09.040)

The city has the following remedies and powers to enforce this development code:

A.

Civil remedies and enforcement powers.

1.

Withhold permits and authorizations. The director shall deny or withhold all building permits, all certificates of occupancy, all forms of approval, all certificates, all forms of advancement through the review procedures of this development code, or any other forms of development authorization for the subject subdivision or property. Where a property owner, agent, or other person has a record of an outstanding violation or violations of this development code, the director may deny or withhold all permits, certificates, advancement through the review procedures of this development code, or other authorization for any use or development activity by such person until the outstanding violation is corrected. These provisions shall apply whether or not the property for which the person seeks the permit or other approval is the property in violation.

2.

Approve permits with conditions. Instead of withholding a permit or other authorization, the decision-making body may grant such authorization subject to the condition that any violation be corrected within a specified period of time.

3.

Revocation and suspension of permits. The director may revoke or suspend any permit, approval, or other form of authorization under this development code when the director determines:

a.

That there is departure from the plans, specifications, or conditions required under terms of the permit, approval, or other form of authorization;

b.

That the permit, approval, or other form of authorization was procured by false representation or was issued by mistake; or

c.

That a violation has occurred on the subject subdivision or property, whether or not the property for which the person seeks the permit or other approval is the property in violation.

4.

Suspension of water supply. The city may suspend the water supply for any unoccupied buildings in the subject subdivision.

5.

Stop-work orders. With or without revoking permits, the city may issue a stop-work order on any building or structure on any land on which there is an uncorrected violation of a provision of this development code or of a permit or other form of authorization issued hereunder.

6.

Injunctive relief. The city may seek an injunction or other equitable relief in court to stop any violation of this development code or of a permit, certificate or other form of authorization granted hereunder. The city shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell, offering to sell, use, occupy or develop unsubdivided land before a final plat for such subdivided land has been approved by the city.

7.

Abatement. The city may seek a court order in the nature of mandamus, abatement, injunction, 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. Additionally, any violation of this development code shall be considered a public nuisance, and the city may abate such nuisance administratively and assess the expenses therefor under the abatement procedures described in chapter 9.04.

8.

Administrative civil penalties. The city may levy administrative penalties in the amounts and under the procedures described in chapter 2.97.

9.

Lien on property. The city shall have the authority to place a lien upon any real property that has been issued a citation for a violation of this development code for amounts due to the city by the owner or applicant of the property pursuant to the any of the above penalties. The lien shall continue until the charges and all interest due and payable are paid. The city finance director shall certify such charges to the office of the treasurer of the county that includes the property, for collection in the same manner as the collection of general property taxes.

B.

Criminal remedies. Any violation of this development code or any condition, stop-work order, permit, certificate or other form of authorization granted under this development code shall be a criminal offense punishable under the general penalty of section 1.12.010.

(Code 2009, § 15.09.050)

The remedies provided for violations of this development code, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

(Code 2009, § 15.09.060)

Any person may file a complaint alleging a violation of this development code. Such complaint, stating fully the causes and basis thereof, shall be filed with the director. The director shall properly record such complaint, investigate as soon as reasonably possible, and take action as provided by this chapter.

(Code 2009, § 15.09.070)

A.

For civil remedies in non-emergency matters.

1.

In the case of violations of this development code that do not constitute an emergency or require immediate attention, prior to application of any civil remedy listed in section 15.01.050.A.3 through 5, the enforcing official shall give written notice of the nature of the violation to the property owner, agent, occupant, or to the applicant for any relevant permit.

2.

The person receiving notice shall have ten days from the date of the notice to correct the violation before such remedy is imposed. The notices shall specify the violation and the time period within which to correct the alleged violations. Such notices may also state the corrective steps necessary to ensure compliance. Notice shall be given in person, or by U.S. Mail, or by posting notice on the premises, and shall provide notice of a right to appeal the determination.

3.

All appeals shall be filed in writing with the director within ten days from the date of the receipt of the notice. The appeal shall specify the reasons why the challenged action should be amended or reversed.

a.

The director shall hold the hearing.

b.

No work or construction shall proceed after service of the notice of violation.

c.

An error in the reference to specific code provision shall not be considered grounds for appeal of a citation.

4.

The director may grant an extension to cure an alleged violation up to a total of 90 days beyond the original time period if the director finds that, due to the nature of the alleged violation or other substantial hardship, it reasonably appears that it cannot be corrected within the original time period, and that no health or safety risk or adverse impact to the community will result from such extension.

B.

For emergency matters and matters requiring immediate attention.

1.

For violations of this development code that constitute an emergency as a result of public safety or health concerns, or violations that will create increased problems or costs if not remedied immediately, or where the city must otherwise act quickly to protect public health or safety, the director may use any civil remedy listed in section 15.09.050.A.3 through 5 without prior notice. In such cases, the director shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or to the applicant for any relevant permit.

2.

The notice of violation may be appealed in the manner described in subsections A.2 through 4 of this section.

C.

For other remedies. The procedures described elsewhere in the code for administrative nuisance abatement and administrative civil penalties shall control the application of those remedies, and this chapter requires no additional notice or hearing. The city may seek judicial relief or issue a criminal summons without prior notice. For any remedy described in section 15.09.050.A.1 through 2, the applicant may contest the city's determination of a violation as part of its application for which the permit or approval has been withheld or conditioned.

(Code 2009, § 15.09.080)