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Olathe City Zoning Code

18.70 Enforcement

18.70.010 Generally

This chapter establishes the procedures to enforce a violation of this Title, or a condition of an approval, permit, or subdivision plat approved under this Title.

18.70.020 Violations

A. Generally

1. Any of the following is considered a violation of any permit, approval, certificate or other form of authorization and is subject to the enforcement remedies provided by Section 18.70.030 and by Kansas state law:

Development or use without, or inconsistent with, permit or approval

Any activity that is not authorized or is inconsistent with all of the required permits, approvals, certificates and authorization required by this ordinance.

Development or use inconsistent with ordinance

An activity that is inconsistent with any zoning, subdivision or general regulation of this ordinance or any amendment to this ordinance.

Development or use inconsistent with conditions

To violate, by act or omission, any term, condition or qualification placed by the City upon a required permit, certificate, rezoning, plan approval or other form of authorization granted by the City to allow the use, development or other activity upon land or improvements of land.

Making lot or yard nonconforming

To reduce or diminish any lot area so that the yards or open spaces are smaller than prescribed by these requirements or the final plat or plan.

Increasing use intensity

To increase the intensity and/or density of use of any land or structure, except in accordance with the procedural and substantive requirements of this ordinance.

Removing, defacing, obscuring notice

To remove, deface or obscure any sign required by this ordinance or otherwise interfere with any notice required by this ordinance. (Ord. 02-54 § 2, 2002)

2. For purposes of this subsection, an “activity” or “activities” includes:

a. To erect, construct, reconstruct, remodel, alter, maintain, move or use any building, structure or sign, or

b. That use, alteration or maintenance of any land.

B. Violations of Prior Regulations

All violations of prior zoning regulations of the City, or any Johnson County or township regulations, that have accrued in the corporate area of the City as of the effective date of this ordinance, shall continue to be violations and are not considered legal nonconforming situations under this ordinance. The City has the same authority to secure civil remedies for violations of those regulations to the same extent that it may secure civil remedies for violations of this ordinance pursuant to Section 18.70.030. (Ord. 02-54 § 2, 2002)

18.70.030 Penalties

The City has the following remedies and enforcement powers:

A. Withhold permits or approvals

1. The City may deny or withhold all permits, certificates, plan or plat approvals or other forms of authorization on any building, structure or land, or improvements, upon which there is an uncorrected violation of any provision of this ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City.

2. The City may, instead of withholding or denying an authorization, grant the authorization subject to the condition that the violation be corrected.

3. This subsection applies regardless of whether the current owner or applicant is responsible for the violation in question.

B. Revocation of permits by Planning Official

1. A permit may be revoked by the Planning Official issuing the permit at any time prior to the completion of the use, building, structure or sign for which the permit was issued, when it appears to such official that one (1) or more of the following conditions is present:

a. There is departure from the plans, specifications or conditions as required under the terms of the permit.

b. That the permit was procured by false representation.

c. That the permit was issued by mistake.

d. Or that any of the provisions of this ordinance are being violated.

2. Written notice of the revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which the permit was issued or shall be posted in a prominent location on the property. Where notice of revocation is served or posted, no further construction or use of the property shall proceed.

3. Any revocation of a permit may be appealed to the Board of Zoning Appeals as provided in Chapter 18.40 (Procedures).

4. A mistaken permit revocation is subject to Section 18.60.070.

5. When a mistake is made calculating the fee for a building permit, the proper fee will be charged.

C. Stop work

With or without revoking permits, the City may stop work on any development, building, or structure on any land on which there is an uncorrected violation of a provision of this ordinance or a violation of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City.

D. Revoke plan or other approvals

Where a violation of this ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City shall, upon notice to the applicant, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or other conditions that the City may reasonably impose.

E. Civil remedies

1. The City may maintain civil suits or actions in any court of competent jurisdiction to enforce this ordinance and to abate nuisances maintained in violation of this Ordinance.

2. If any building or structure is proposed to be erected, constructed, altered, converted or maintained in violation of this ordinance or any building, structure or land is proposed to be used in violation of this ordinance, the City Attorney, or other appropriate authority of the City, may, institute injunction, mandamus or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation or to prevent the occupancy of such building, structure or land.

F. Penalties

1. The violation of any provision of this ordinance is hereby declared to be a public offense, and any person, firm, association, partnership or corporation convicted thereof shall be punished by either a fine not to exceed five hundred ($500) dollars for each offense or imprisonment for not more than six (6) months, or both.

2. Each day's violation of this ordinance is a separate offense.

G. Cumulative

These remedies are cumulative.

H. Other remedies

In addition to the enforcement powers and remedies specified in this title, the City may exercise any and all enforcement powers and remedies granted to it by Kansas state law, as it may be amended from time to time. (Ord. 02-54 § 2, 2002)

18.70.040 Enforcement Procedures

A. Notice:

1. In the case of violations not involving continuing construction or development or any emergency situation, the City shall give written notice of the nature of the violation to the owner, occupant or agent of the property at the last known address.

2. The contents of the notice shall describe the nature of the violation that would reasonably allow the property owner or other responsible person, representative or tenant to determine the nature of the violation to allow for self-abatement.

3. The person to whom notice is directed shall correct the violation before further enforcement action.

4. The notice shall be personally served or sent by certified mail, return receipt requested. Failure to sign for the certified mail or failure to pick up the notice from the post office is not deemed a lack of notice under this ordinance where delivery was attempted and a record of this attempt was provided as required by procedures for restricted mail.

B. Immediate enforcement

1. If an authorized building official, public officer or the Planning Official makes a reasonable determination that an emergency situation exists in violation of this ordinance, the City may immediately use the enforcement powers and remedies available to it pursuant to Section 18.70.030, including, but not limited to, filing a complaint seeking criminal penalties in Municipal Court.

2. No other notification procedures are required as a prerequisite to this action. (Ord. 02-54 § 2, 2002)