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New Castle City Zoning Code

CHAPTER 17

96 - ENFORCEMENT

17.96.010 - Enforcement.

A.

There is created an office known as "planner" who shall be responsible to administer and enforce all zoning laws of the town. He or she shall have all responsibilities and powers conferred upon the planner under this title.

B.

In the event that the planner and building official positions are not assigned to the same individual, issuance of building permits and certificates of occupancy by the building official shall require approval by the planner prior to issuance.

C.

The planner and authorized representatives are empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of this title. Additionally, the building official is empowered to withhold, revoke a permit, or issue a stop work order for any building being constructed in violation of any provisions of this title.

D.

The town attorney, acting on behalf of the town council, may maintain an action for an injunction to restrain any violation of this title.

E.

Any of the enforcement duties and responsibilities under this title may be contracted to the Garfield County building department if approved by the town council.

(Prior code § 13-02-090(A))

17.96.020 - Violations.

A.

If the planner finds or if any person files with him or her a complaint in writing alleging that any of the provisions of this title are being violated, he or she shall immediately investigate, and when necessary give written notice to the person responsible to cease such violations forthwith.

B.

Written notice may be delivered in person or by certified mail to the violator or any person in charge of property where a violation is occurring.

C.

If the violation that is the subject of the notice delivered by the planner is not remedied within a reasonable time, to be determined by the official, action may be brought against the party or parties in violation pursuant to this title.

D.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this title, the planner and the town attorney may institute any appropriate action or proceedings to prevent such unlawful erection, construction, maintenance, or use, to restrict, correct, or abate such violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(Prior code § 13-02-090(B))

17.96.030 - Penalty.

The following penalties, set forth in full herein, shall apply to this title:

A.

It is unlawful for any person to violate any of the provisions stated or adopted in this title.

B.

Every person, firm, or corporation convicted of a violation of any provision stated or adopted in this title shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each day during which the violation is continued or permitted to continue shall be deemed a separate offense.

(Ord. 2003-11 § 3(C) (part); prior code § 13-02-090(C))

17.96.040 - Liability for damages.

This title shall not be construed to hold the town or its authorized representatives responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or by reason of issuing a building permit as herein provided.

(Prior code § 13-02-090(D))