Myton City Zoning Code
ENFORCEMENT
§ 153.210 PURPOSE AND AUTHORITY.
(A) Purpose. The purpose of this subchapter is to establish the remedies, penalties and procedures for violations of this chapter and to provide for enforcement.
(B) Remedies available. The city or any adversely affected owner of real estate within the city in which violations of this chapter occur or are about to occur, may, in addition to other remedies provided by law, institute:
(1) Injunctions, mandamus, abatement or any other appropriate actions; or
(2) Proceedings to prevent, enjoin, abate or remove the unlawful building, use or act.
(C) Establish violation necessary for injunction. The city need only establish the violation to obtain the injunction.
(Prior Code, § 10-12-1) (Ord. passed 8-10-2006)
§ 153.211 VIOLATIONS AND BUILDING PERMITS.
(A) Withholding permit. No building permit shall be issued for the construction of any building or structure located on a lot subdivided or sold in violation of the provisions of this chapter, nor shall the city have any obligation to issue certificates of occupancy or to extend roads or other facilities or services to any parcel created in violation of this chapter. The city may enforce this chapter by withholding building permits.
(B) Approval required. It is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the city without approval of the necessary license or permit, and the issuance of a valid building permit, as applicable.
(C) Compliance required. The city shall not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform and comply with all ordinances, requirements and regulations, as adopted by the city.
(Prior Code, § 10-12-2) (Ord. passed 8-10-2006; Ord. 020912-02, passed 2-9-2012) Penalty, see § 153.999
§ 153.212 TYPES OF VIOLATIONS.
It shall be unlawful for any person to violate any provision of this chapter, cause the violation of any provision of this chapter, or fail or refuse to do some act required under this chapter, including:
(A) To engage in any development, use, construction, remodeling or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of the city without required approvals, permits and licenses, as required by this chapter, or other city ordinances;
(B) To engage in any development, use, construction, remodeling or other activity that is contrary to the terms and conditions of any approval, permit or license, as required by this chapter, or other city ordinances;
(C) To violate, by act or omission, any lawful requirement or condition imposed by the Planning Commission, Administrative Hearing Officer, City Council or other official of the city, as applicable, upon a required approval, permit or license;
(D) To erect, construct, reconstruct, alter, maintain, move or use any building or structure, or to use any land in violation of this chapter;
(E) To reduce or diminish any lot or area so that setbacks shall be smaller than prescribed by this chapter or applicable site plan;
(F) To increase the density or intensity of use of any land or structure, except in accordance with the requirements of this chapter; and
(G) To remove, deface, obscure or otherwise interfere with any notice required by this chapter.
(Prior Code, § 10-12-3) (Ord. passed 8-10-2006) Penalty, see § 153.999
§ 153.213 ENFORCEMENT PROVISIONS.
(A) Authority. This chapter shall be enforced by the city by any appropriate actions and proceedings in law or in equity or any other means authorized by this chapter, including the withholding of building permits and necessary approvals, permits and licenses to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, and to prevent illegal occupancy of a building, structure or premises.
(B) Code Enforcement Officers; authority. The City Attorney, Zoning Administrator and County/City Building Inspector, or any other individual appointed by the Mayor, are hereby identified as the Code Enforcement Officers of the city as designated and discussed by this chapter, and shall be responsible for enforcing all provisions and requirements of this chapter and for initiating appropriate proceedings to ensure compliance, as allowed and authorized by state laws and this code. The city shall have such other remedies as are and as may be from time to time provided by state law or city ordinance for the violation of any provision of this chapter.
(1) The Code Enforcement Officers, as identified herein, are authorized to inspect buildings and structures in the course of construction, modification or repair, and to inspect land uses to determine compliance with the provisions of this chapter.
(2) The Code Enforcement Officers, as identified herein, shall have the right to enter any building or property for determining compliance with the provisions of this chapter. Such right of entry shall be exercised only at a reasonable hour. In no case shall entry be made to any building in the absence of the owner or tenant thereof without consent of the owner or tenant, or a written order of a court of competent jurisdiction.
(3) The Code Enforcement Officers, as identified herein, shall investigate any purported violation of this chapter.
(4) It shall be unlawful for any person to interfere with lawful enforcement activities.
(Prior Code, § 10-12-4) (Ord. passed 8-10-2006; Ord. 020912-02, passed 2-9-2012) Penalty, see § 153.999
§ 153.214 PROCEDURES FOR ENFORCEMENT.
(A) In the case of violations not involving continuing construction or development, or any emergency, the Zoning Administrator shall give written notice of the nature of the violation to the owner of the land and to any person who is a party to any valid approval, permit or license. The persons receiving such notice shall have ten days to correct the violation or work out a remediation schedule before further enforcement action.
(B) In the case of a violation involving either continuing construction or development, or an emergency, as reasonably determined by the Code Enforcement Officers, such Officers may use the enforcement powers and remedies available to the city under this chapter without prior notice. In such case, the Zoning Administrator shall send the notice of the violation to the owner of the land and to any person who is a party to any valid approval, permit or license.
(Prior Code, § 10-12-5) (Ord. passed 8-10-2006)
§ 153.215 REVOCATION OF APPROVALS, PERMITS AND LICENSES.
The land use authority or Zoning Administrator may revoke an approved application, permit or license in accordance with the procedures set forth in this section and the building code if it is determined that the application, decision, permit or license was based on materially inaccurate, misleading or incomplete information provided by the applicant.
(A) Revocation procedures. If the land use authority, Building Official or Zoning Administrator determines, based on inspection, that there exists reasonable grounds for revocation of a building permit authorized by this chapter, the building permit may be revoked subject to the appeal process outlined in this chapter. Any person aggrieved by such decision may appeal by submitting, within 15 days of the revocation, a written request prior to a citation being issued, with the Administrative Hearing Officer as provided at § 153.217. This procedure is in addition to and separate from the procedures required in the building code in regard to the Board of Appeals.
(B) Notice and public hearing. At least 14 days’ notice of a proceeding to reconsider or revoke the development permit, building permit or license shall be given to the applicant.
(C) Required findings. The Administrative Hearing Officer may revoke the development approval, building permit or license upon making one or more of the following findings:
(1) That the development application or building permit was issued on the basis of erroneous or materially misleading information or misrepresentation provided by the applicant; and
(2) That the terms or conditions of approval of the permit relating to establishment or operation of the use, building or structure have been violated or that other laws or regulations of the city applicable to the development have been violated.
(D) Decision and notice. Within five days of the conclusion of the hearing, the Administrative Hearing Officer shall render a decision and shall notify the holder of the permit or license of the decision and any other person who has filed a written request for such notice.
(E) Effect.
(2) After the effective date, all activities pursuant to such permit shall be deemed in violation of this chapter.
(Prior Code, § 10-12-6) (Ord. 020912-02, passed 2-9-2012)
§ 153.216 STOP WORK ORDER.
In accordance with its power to stop work under the adopted building codes of the city, the County/City Building Inspector 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 a provision of the adopted building codes.
(Prior Code, § 10-12-7) (Ord. passed 8-10-2006)
§ 153.217 APPEAL.
Any person aggrieved by an action of the Code Enforcement Officers, as identified herein, may file an appeal, prior to a citation being issued, with the Administrative Hearing Officer.
(Prior Code, § 10-12-9) (Ord. passed 8-10-2006)