This chapter establishes procedures, remedies, and penalties for violations of this title and the subdivision ordinance, and to provide for enforcement.

   A.   The county, or an adversely affected owner of real estate within the county, in which violations of this title or the subdivision ordinance are occurring, or are about to occur, may, in addition to other remedies provided by law, institute 1 :

      1.   Injunctions, mandamus, abatement, or any other appropriate actions 2 ; or

      2.   Proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act 3 .

   B.   The county need only establish the violation to obtain the injunction 4 . (Ord. 15-02-17, 2-17-2015)

   A.   The county may enforce this title, or the subdivision ordinance, by withholding building permits 1 .

   B.   If a building permit is required by this title or the subdivision ordinance it shall be unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within the county without the approval of such building permit 2 .

   C.   If a building permit is required by the building codes, the county shall not issue a building permit unless the plans for the proposed construction, reconstruction, alteration, or use fully conform and comply with this title, the subdivision ordinance, and the building codes 3 . (Ord. 15-02-17, 2-17-2015)

   A.   It shall be unlawful for any person to violate any provision of this title or the subdivision ordinance, cause the violation of a provision or fail or refuse to do some act required by this title or the subdivision ordinance, including:

      1.   To engage in any development, use, construction, remodeling, or other activity upon the land and improvements requiring land use application approvals or building permit(s) 1 .

      2.   To reduce or diminish any lot or parcel area so that minimum area, setbacks or open spaces shall be smaller than required by this title or for subdivision application approval.

      3.   To increase the density or intensity of use of any land or a structure requiring necessary land use application approval 2 .

      4.   To remove, deface, obscure, or otherwise interfere with any notice required by this title, or the subdivision ordinance. (Ord. 15-02-17, 2-17-2015)

It shall be an affirmative defense to the enforcement of this title and the subdivision ordinance that the violation being enforced exists as a legal nonconforming use, legal noncomplying structure or other legal nonconformity of this title or the subdivision ordinance 1 . (Ord. 15-02-17, 2-17-2015)

   A.   A land use authority may revoke a land use application approval if approval was based on inaccurate, misleading, or incomplete information provided by the property owner or applicant.

   B.   The land use authority may revoke an approved land use application if the requirements, terms or conditions of approval are not met. (Ord. 15-02-17, 2-17-2015)

   A.   Prior to initiating enforcement proceedings or criminal prosecution as provided for in this chapter, the county planner/zoning administrator shall provide written notice, by mail or hand delivery, of each violation of this title or the subdivision ordinance to the owner of record, on file in the county recorder's office, or to the person designated, in writing, by the owner of record as the owner's agent.

   B.   The owner of record shall be allowed a minimum of thirty (30) calendar days to cure the violation, as noticed by the county planner/zoning administrator, as provided in subsection A of this section.

   C.   The land use authority may extend the period to cure the noticed violation, to a date certain, if evidence is presented, at a commission meeting, that the owner of record is proceeding with reasonableness and compelling reasons exist for such extension.

   D.   Following the expiration of the period to cure a noticed violation the land use authority may revoke an approved land use application, if the land use authority finds that one or more of the following exist:

      1.   The land use application approval was obtained in a fraudulent manner.

      2.   One or more of the requirements, terms or conditions of the land use application approval has not been met.

   E.   A land use authority may modify the requirements, terms, or conditions of a land use application approval if the land use authority finds that the use is creating a nuisance. (Ord. 15-02-17, 2-17-2015)

In accordance with its power to stop work under the building code, as adopted, the building official may issue a stop work order, with or without revoking permits, on any building or structure on land where there exists an uncorrected violation of the building code, section A115.1 international building code. (Ord. 15-02-17, 2-17-2015)

In addition to other enforcement mechanisms provided for in this chapter, a violation of any of the provisions of this title or the subdivision ordinance is punishable as a class C misdemeanor. (Ord. 15-02-17, 2-17-2015)

Any person aggrieved by the enforcement decision of a land use authority may appeal the decision to the appeal authority, as identified by chapter 14 of this title 1 . (Ord. 15-02-17, 2-17-2015)