28 - ENFORCEMENT, VIOLATIONS, AND PENALTIES
Sections:
The Director shall:
1.
Direct inspections, observations, and analyses of any and all erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land within the City relating to the regulations and restrictions as set forth by this Code;
2.
Take such action as is necessary for the enforcement of this Code relating to violations of the regulations and restrictions;
3.
Pass upon all building permits to determine if the proposed construction, remodeling, or alterations are in conformity with the provisions of this Code.
(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)
No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building, structure, or land in violation of this Code.
1.
The Director shall order, in writing, the correction of any violation. The order shall state the nature of the violation, the Code provision violated, and the time by which the violation must be corrected. After an order has been served, no work shall proceed on any structure or tract of land covered by such an order except to correct the violation or to comply with the order.
2.
Decisions of the Director may be appealed to the Planning Commission in accordance with Section 17.12.040.G.
3.
In addition to or in lieu of the procedures outlined above, this Code shall be enforceable in a court of proper jurisdiction, and any or all appropriate remedies at law or in equity shall be available for the enforcement thereof.
4.
Any and all persons who violate or fail to comply with any of the provisions of this Code or who shall fail to comply with any lawful order or regulation made thereunder shall be deemed guilty of a misdemeanor for each and every such violation and noncompliance. Upon conviction thereof, they shall be punished by a fine and sum not more than one thousand dollars ($1,000.00) or by imprisonment in the City jail for a term not to exceed six months, or by both such fine and imprisonment. In addition, the costs of any such action may be imposed at the discretion of the court. The imposition of one penalty for any violation of this Code shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations and defects within a reasonable time. Each day that the prohibited condition is not corrected or remedied shall constitute a separate offense. The court may impose a fine on a per diem basis for each day that the violation is maintained. Application of the above penalty shall not be held to preclude the forced removal of prohibited conditions.
5.
This Code shall not be construed to hold the City, its Building Official, Director, Director of Public Works, or any other City official responsible for any damage to persons or property by reason of any inspection or reinspection authorized herein or the failure to so inspect or reinspect or by reason of the issuance of a building permit as herein required.
(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)
28 - ENFORCEMENT, VIOLATIONS, AND PENALTIES
Sections:
The Director shall:
1.
Direct inspections, observations, and analyses of any and all erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land within the City relating to the regulations and restrictions as set forth by this Code;
2.
Take such action as is necessary for the enforcement of this Code relating to violations of the regulations and restrictions;
3.
Pass upon all building permits to determine if the proposed construction, remodeling, or alterations are in conformity with the provisions of this Code.
(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)
No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building, structure, or land in violation of this Code.
1.
The Director shall order, in writing, the correction of any violation. The order shall state the nature of the violation, the Code provision violated, and the time by which the violation must be corrected. After an order has been served, no work shall proceed on any structure or tract of land covered by such an order except to correct the violation or to comply with the order.
2.
Decisions of the Director may be appealed to the Planning Commission in accordance with Section 17.12.040.G.
3.
In addition to or in lieu of the procedures outlined above, this Code shall be enforceable in a court of proper jurisdiction, and any or all appropriate remedies at law or in equity shall be available for the enforcement thereof.
4.
Any and all persons who violate or fail to comply with any of the provisions of this Code or who shall fail to comply with any lawful order or regulation made thereunder shall be deemed guilty of a misdemeanor for each and every such violation and noncompliance. Upon conviction thereof, they shall be punished by a fine and sum not more than one thousand dollars ($1,000.00) or by imprisonment in the City jail for a term not to exceed six months, or by both such fine and imprisonment. In addition, the costs of any such action may be imposed at the discretion of the court. The imposition of one penalty for any violation of this Code shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations and defects within a reasonable time. Each day that the prohibited condition is not corrected or remedied shall constitute a separate offense. The court may impose a fine on a per diem basis for each day that the violation is maintained. Application of the above penalty shall not be held to preclude the forced removal of prohibited conditions.
5.
This Code shall not be construed to hold the City, its Building Official, Director, Director of Public Works, or any other City official responsible for any damage to persons or property by reason of any inspection or reinspection authorized herein or the failure to so inspect or reinspect or by reason of the issuance of a building permit as herein required.
(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)