95 - Violations, Penalties and Enforcement
This chapter applies to all provisions of this zoning ordinance unless otherwise expressly stated.
(Ord. 3410, 2009)
The zoning officer has primary responsibility for enforcement of this zoning ordinance.
(Ord. 3410, 2009)
The following persons may be jointly and severally responsible for violations of this zoning ordinance and subject to enforcement:
A.
Any owner of property on which a violation of this zoning ordinance occurs;
B.
Any architect, engineer, builder, contractor, agent, or any other person who knowingly participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this zoning ordinance; and
C.
Any tenant or occupant who has control over, or responsibility for, use or development of the subject property.
(Ord. 3410, 2009)
All buildings and land used or developed, and all buildings and structureserected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this zoning ordinance. Failure to comply with applicable provisions constitutes a violation of this zoning ordinance. Express violations include, but are not limited to the following:
A.
Using land or buildings in violation of the requirements of this zoning ordinance;
B.
Erecting a building or other structure in any way not consistent with the requirements of this zoning ordinance;
C.
Engaging in the development of land in any way not consistent with the requirements of this zoning ordinance;
D.
Developing land inconsistent with the standards and procedures of this zoning ordinance;
E.
Installing or using a sign in any way not consistent with the requirements of this zoning ordinance;
F.
Engaging in the use or alteration of a building or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning ordinance without obtaining all such permits or approvals;
G.
Failing to comply with any permit or approval granted under this zoning ordinance;
H.
Failing to comply with any condition imposed on a permit or approval;
I.
Obscuring, obstructing, removing or destroying any notice required to be posted or otherwise given under this zoning ordinance;
J.
Failing to comply with any lawful order related to this ordinance issued by an authorized city official; or
K.
Disobeying, omitting, neglecting, or refusing to comply with or resist the enforcement of any of the provisions of this zoning ordinance.
(Ord. 3410, 2009)
A.
Applicability
The city may use any lawful remedy or enforcement powers, expressly including those
described in this section, when any land, building or structure is erected, constructed, reconstructed, altered, repaired, converted, used or maintained in
violation of this ordinance.
B.
Remedies Cumulative
The remedies and enforcement powers established in this zoning ordinance are cumulative,
and the city may exercise them in any order.
C.
Withhold Permit or Other Development Authorization
1.
The zoning officer may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements on property upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement power may be applied regardless of whether the current property owner or applicant is responsible for the violation in question.
2.
The zoning officer may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This provision may be applied regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a "person" is defined as any individual or business entity with more than a 20% interest in the subject property.
D.
Permits with Conditions
Instead of withholding or denying a permit or other authorization, city officials
may grant such authorization subject to the condition that the violation be corrected
within a specified period of time. City officials are authorized to require a financial
guarantee to ensure that corrective actions will be taken. Such financial guarantees
are subject to the provisions of 20.85.140.B.
E.
Stop Work
1.
Whenever a structure or part thereof is being constructed, reconstructed, altered, repaired, or other development is occurring, in violation of this zoning ordinance, the zoning officer may order the work to be immediately stopped.
2.
The stop work order must be in writing and directed to the person doing the work.
3.
The stop work order must state the specific work to be stopped, the specific reasons for the ordered stoppage, and the conditions under which the work may be resumed.
F.
Stop Use
Whenever a structure or part thereof is being used in violation of this zoning ordinance, the zoning officer
may order the use to be immediately stopped.
G.
Forfeiture and Confiscation of Signs
Any sign installed or placed on public property, except in compliance with the regulations
of Chapter 20.75, will be subject to forfeiture to the public and confiscation. In addition to other
remedies and penalties of this section, the city has the right to dispose of signs illegally placed on public property and to recover from the sign owner, or person
who placed the sign, the full costs of sign removal and disposal.
H.
Injunctive Relief
The city may seek an injunction or other equitable relief in court to stop any violation
of this zoning ordinance.
I.
Abatement
The city may seek a court order in the nature of mandamus, abatement, 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 before the violation.
J.
Remedial Action
Any person who violates this zoning ordinance by alteration or modification of a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used, is
required to remove all fixtures, electrical and plumbing connections, furnishings,
partitions and non-load bearing walls used in the violation.
The city may seek such other remedies and use other enforcement powers, as allowed by law.
(Ord. 3410, 2009)
Nothing in this zoning ordinance will be interpreted to prohibit the continuation of previous enforcement actions, undertaken by the city under previous, valid ordinances and laws.
(Ord. 3410, 2009)
95 - Violations, Penalties and Enforcement
This chapter applies to all provisions of this zoning ordinance unless otherwise expressly stated.
(Ord. 3410, 2009)
The zoning officer has primary responsibility for enforcement of this zoning ordinance.
(Ord. 3410, 2009)
The following persons may be jointly and severally responsible for violations of this zoning ordinance and subject to enforcement:
A.
Any owner of property on which a violation of this zoning ordinance occurs;
B.
Any architect, engineer, builder, contractor, agent, or any other person who knowingly participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this zoning ordinance; and
C.
Any tenant or occupant who has control over, or responsibility for, use or development of the subject property.
(Ord. 3410, 2009)
All buildings and land used or developed, and all buildings and structureserected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this zoning ordinance. Failure to comply with applicable provisions constitutes a violation of this zoning ordinance. Express violations include, but are not limited to the following:
A.
Using land or buildings in violation of the requirements of this zoning ordinance;
B.
Erecting a building or other structure in any way not consistent with the requirements of this zoning ordinance;
C.
Engaging in the development of land in any way not consistent with the requirements of this zoning ordinance;
D.
Developing land inconsistent with the standards and procedures of this zoning ordinance;
E.
Installing or using a sign in any way not consistent with the requirements of this zoning ordinance;
F.
Engaging in the use or alteration of a building or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning ordinance without obtaining all such permits or approvals;
G.
Failing to comply with any permit or approval granted under this zoning ordinance;
H.
Failing to comply with any condition imposed on a permit or approval;
I.
Obscuring, obstructing, removing or destroying any notice required to be posted or otherwise given under this zoning ordinance;
J.
Failing to comply with any lawful order related to this ordinance issued by an authorized city official; or
K.
Disobeying, omitting, neglecting, or refusing to comply with or resist the enforcement of any of the provisions of this zoning ordinance.
(Ord. 3410, 2009)
A.
Applicability
The city may use any lawful remedy or enforcement powers, expressly including those
described in this section, when any land, building or structure is erected, constructed, reconstructed, altered, repaired, converted, used or maintained in
violation of this ordinance.
B.
Remedies Cumulative
The remedies and enforcement powers established in this zoning ordinance are cumulative,
and the city may exercise them in any order.
C.
Withhold Permit or Other Development Authorization
1.
The zoning officer may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements on property upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement power may be applied regardless of whether the current property owner or applicant is responsible for the violation in question.
2.
The zoning officer may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This provision may be applied regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a "person" is defined as any individual or business entity with more than a 20% interest in the subject property.
D.
Permits with Conditions
Instead of withholding or denying a permit or other authorization, city officials
may grant such authorization subject to the condition that the violation be corrected
within a specified period of time. City officials are authorized to require a financial
guarantee to ensure that corrective actions will be taken. Such financial guarantees
are subject to the provisions of 20.85.140.B.
E.
Stop Work
1.
Whenever a structure or part thereof is being constructed, reconstructed, altered, repaired, or other development is occurring, in violation of this zoning ordinance, the zoning officer may order the work to be immediately stopped.
2.
The stop work order must be in writing and directed to the person doing the work.
3.
The stop work order must state the specific work to be stopped, the specific reasons for the ordered stoppage, and the conditions under which the work may be resumed.
F.
Stop Use
Whenever a structure or part thereof is being used in violation of this zoning ordinance, the zoning officer
may order the use to be immediately stopped.
G.
Forfeiture and Confiscation of Signs
Any sign installed or placed on public property, except in compliance with the regulations
of Chapter 20.75, will be subject to forfeiture to the public and confiscation. In addition to other
remedies and penalties of this section, the city has the right to dispose of signs illegally placed on public property and to recover from the sign owner, or person
who placed the sign, the full costs of sign removal and disposal.
H.
Injunctive Relief
The city may seek an injunction or other equitable relief in court to stop any violation
of this zoning ordinance.
I.
Abatement
The city may seek a court order in the nature of mandamus, abatement, 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 before the violation.
J.
Remedial Action
Any person who violates this zoning ordinance by alteration or modification of a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used, is
required to remove all fixtures, electrical and plumbing connections, furnishings,
partitions and non-load bearing walls used in the violation.
The city may seek such other remedies and use other enforcement powers, as allowed by law.
(Ord. 3410, 2009)
Nothing in this zoning ordinance will be interpreted to prohibit the continuation of previous enforcement actions, undertaken by the city under previous, valid ordinances and laws.
(Ord. 3410, 2009)