Violations of, or failure to comply with, the provisions of this title are declared to be unlawful.

(Ord. 635, 1984)

In addition to any other penalty or remedy provided by this chapter or by law, a civil penalty in the amount of one hundred dollars per day is imposed upon any person, firm, or corporation which violates the provisions of this title. The civil penalty shall occur from the date set for correction established by the administrative official pursuant to Section 17.40.060, and until violation is corrected. The civil penalty is a personal obligation of the person or persons to whom the notice of violation is directed. The city attorney, on behalf of the city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or grant of which shall neither stay nor terminate the accrual of additional civil penalties, as long as the violation continues.

(Ord. 635, 1984)

An imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm, or corporation shall be required to correct such violation or defects.

030.1. In addition to the civil proceedings authorized to enforce this title and in addition to any fine or penalty provided, continuing violations of this title may be enjoined or ordered abated in civil proceedings for injunction, abatement or other relief. For those actions, violations of this title are declared to be public nuisances.

(Ord. 635, 1984)

030.2. The city attorney, on behalf of the city and the public, may pursue civil remedies to enforce compliance with the provisions of this title. A private person directly affected by a violation of this title may pursue civil remedies as provided by this chapter or as otherwise provided by law to enforce compliance and to recover damages for violations. Provided, that a private person may not pursue or enforce the civil penalties in Section 2.

030.3. Any person, firm, or corporation violating any of the provisions of this title shall be liable in any private or public action brought to enforce the provisions of this title for all costs of proceedings, expenses of abatement, and for reasonable attorney's fees. These expenses are accumulative and in addition to any penalties or other remedy available.

(Ord. 635, 1984)

The owner, lessee, or tenant of any building, structure, premises, or part thereof, and the architect, builder, contractor, employee, agent, or other person who commits, authorizes, participates in, assists in, or who maintains after notice, a violation of this title may be held jointly liable in any civil action brought to enforce the provisions of this title.

(Ord. 635, 1984)

050.1.  General —The administrator is authorized and directed to enforce the provisions of this title. The administrator may appoint a designee to act on the administrator's behalf. Any reference herein to the administrator shall also refer to the designee(s). The administrator shall, either upon complaint or initiative, investigate potential violations of this title. It shall be the duty of all the city officers to assist the administrator in the performance of this duty. It shall be the duty of the city police and all officers charged with the enforcement of the law to assist in the enforcement of this title and its provisions.

050.2.  Entrance Onto Private Property —Whenever necessary to make an inspection, to enforce any of the provisions of this code, or whenever the Administrator has reasonable cause to believe that a violation of this title exists or is occurring on any property or within any building, the administrator may enter onto such property or building at a time to inspect the same or to perform any duty imposed by this title; provided, that before entering into any dwelling or any area of the building not otherwise open to the public, proper credentials shall be presented to the owner or person in possession or occupant of said property and request entry. If such entry is refused, the administrator shall have recourse to every remedy provided by the law to secure entry. The right of entry authorized by this section extends to any employee, officer, or person in the company of the administrator.

050.3. Stop Orders. The administrator or designee may issue an order to stop activity for any activity being established or any improvement being erected or altered which does not conform to this title.

050.4. The administrator shall prominently post this order on the subject property and make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property or occupant thereof, or the person causing the activity to be established or conducted or the improvement to be erected or altered.

050.5. When any order to stop activity has been posted on the subject property, it is unlawful for any person with active or constructive knowledge of the order to conduct the activity or do the work covered by the order until the administrator has removed the posted copy of the order and issued a written authorization for the activity or work to be continued.

050.6. The issuance of an order to stop activity may be appealed to the planning agency pursuant to Chapter 17.30 but such order shall remain in full force and effect during the pendency of such appeal unless the administrator issues an interim or final order staying or lifting the order to stop activity. When considering the appeal the duty of the planning agency is to determine whether the administrator correctly interpreted and applied this title when issuing the stop work order.

(Ord. 740 §8, 1993; Ord. 635(part), 1984)

060.1. If the administrator determines that any activity, condition, structure or use exists that does not conform to the provisions of this title a notice of violation may be issued. The notice shall be directed to the owner of the property and/or to such other persons as are causing or contributing to such violation. A notice of violation shall contain;

060.1.1. The name and address of the property owner or other persons to whom the notice of violation is directed;

060.1.2. The street address when available or a legal description sufficient or identification of the building, structure, premises, or land upon which the violation is occurring;

060.1.3. A statement of the action required to be taken as determined by the administrative official and a date for correction which shall not be less than ten days from the date of service of the notice of violation unless the administrator has determined the violation to be immediately hazardous;

060.1.4. A statement that a cumulative civil penalty in the amount of one hundred dollars per day shall be assessed against the person or persons to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues; and

060.1.5. A statement that the administrator's determination of violation may be appealed to the planning commission upon written notice of appeal together with the payment of filing fee in accordance with Chapter 17.50. The appeal shall be filed with the office of city clerk within ten days of service of the notice of violation, and the daily civil penalty shall continue to accrue during the pendency of administrative appeal but is dependent on the outcome of the appeal.

060.2. The notice of violation shall be served upon the person or persons to whom it is directed either personally in the manner provided for by personal services of summons and complaints or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested, to such person at his last known address. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury executed by the person making service, declaring the time, date, and manner by which service was made.

(Ord. 635, 1984)

060.3. A notice of violation issued pursuant to this section constitutes the determination for which an administrative appeal may be taken pursuant to the provisions of Chapter 17.30 of this title. The cumulative civil penalty provided for in Sections 17.40.060.1.4 and 17.40.060.1.5 shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal. When considering an appeal of this nature, however, the planning agency's duty is limited to determining whether the administration has correctly interpreted and applied the provisions of this title.

060.4. For good cause shown the administrative official may extend the date set for correction of the notice of violation; provided, that such an extension shall not affect or extend the time in which an administrative appeal must be commenced nor shall such extension be for a period of time in excess of one hundred eighty days.

(Ord. 750 §9, 1993; Ord. 635(part), 1984)

The administrator and the city attorney are authorized to enter into negotiations with the parties or their legal representatives named in any lawsuit for the collection of civil penalties to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so would be in the best interests of the city.

(Ord. 635(part), 1984)

Any civil penalties assessed herein and collected shall be paid into the general fund of the city.

(Ord. 635(part), 1984)