The director of planning and community development (the "director") shall be responsible for enforcing all provisions of the zoning ordinance.

For the enforcement of the provisions of the zoning ordinance, a Zoning Violation Notice shall be sent by certified mail, postage pre-paid, return receipt requested, to the property owner of which the violation is taking place. The Zoning Violation Notice shall contain the following information:

(1)

a description of the violation which is taking place;

(2)

a picture of the violation which is taking place;

(3)

location and/or address of the property at which the violation is taking place;

(4)

identification of the section of the zoning ordinance which is being violated;

(5)

date the violation was discovered;

(6)

steps necessary to correct the violation;

(7)

deadline in which the violation must be corrected, which is at the discretion of the director, but which in no case may be longer than 30 days from the date the notice is mailed.

A copy of the Zoning Violation Notice shall be sent to the city council, zoning board of adjustment, city manager, police chief, fire chief, and city attorney.

Correction of the violation in the manner stipulated by the Zoning Notice Violation, at any point during this enforcement process, shall deem the Zoning Violation Notice null and void, and enforcement activity shall cease.

Failure to correct the zoning violation shall result in the city pursuing enforcement action following notification to the property owner, with the city having the authority to carry out the following enforcement remedies:

(1)

Withhold Permits. The city shall have the authority to withhold any permits or city approvals which are necessary until the violation is corrected to the satisfaction of the director.

(2)

Stop Work Order. The city shall have the authority to issue a stop work order on the subject violation.

(3)

Abatement. The city shall have the authority to require that the violation be abated by completely removing or stopping the item or use which has been identified in the Violation Notice.

(4)

Injunctive Relief. The city shall have the authority to seek an injunction in court to stop any violation of this zoning ordinance.

(5)

Civil Remedies. The city shall have the authority to institute appropriate civil action to enforce the provisions of this zoning ordinance, and shall recover reasonable court costs and attorney's fees which are incurred due to the enforcement of the subject violation, at the discretion of the civil court.

(6)

Criminal Remedies. The city shall have the authority to institute appropriate misdemeanor criminal action for a violation of this zoning ordinance. Upon conviction, a fine of not less than $200 shall be imposed for each day or part of a day that the violation occurs, starting ten (10) days from the date the director placed in the custody of the U.S. Postal Service, the Zoning Violation Notice, postage pre-paid, certified, return receipt requested. It shall be unlawful to violate a provision of this section. The general provisions of Section 1.106 of the Code of Ordinances shall apply to violations of this section.

(7)

Cumulative Remedies. The powers and remedies of this section shall not be individually limited and are not exclusive. The powers and remedies of this section are cumulative and all powers and remedies may apply, and any other remedies allowed under state law.

(1982 Code of Ordinances, Chapter 13, Section 7)